Public Utilities Code — Part 24 | PUC — United States — California law | Esheria

Public Utilities Code

Part 24 of 38 · provisions 4,601–4,800

This act is named the Public Utilities Code.

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This part is named the Santa Clara Valley Transportation Authority Act and may be cited by that name. The Legislature states that the Santa Clara Valley Transportation Authority needs broader transportation measures to address traffic congestion and improve roads, highways, and other transportation facilities. The provision says a transit district needs to be established in Santa Clara County. The Santa Clara County Transit District is renamed the Santa Clara Valley Transportation Authority, and existing references to the old name are treated as references to the new name. A municipal corporation that provides broadband Internet access services must comply with the requirements of a specified Government Code article.

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Provisions of Public Utilities Code

Showing 200 of 7,473

  1. 33002.6.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

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    The board must call an election in the benefit district before levying any assessment, after approving the proposal to form the benefit district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33002.6. After the board has adopted a resolution approving the proposal to form a benefit district under Section 33002.5, but before the board may levy any assessment, the board shall call an election in the benefit district for the purpose of submitting to the voters the proposition of levying the assessment by the benefit district. The resolution calling the election shall state each of the items required to be contained in the resolution adopted pursuant to Section 33001.5. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  2. 33002.7.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

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    The board must submit the assessment proposition to voters in a special election within 90 days, and the district must pay the county’s reasonable election costs.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33002.7. The board shall submit the proposition of levying an assessment to the voters of the benefit district in a special election to be held within 90 days following the adoption of the resolution calling an election. The provisions of the Elections Code relating to the manner of voting, the duties of election officers, the canvassing of returns, and all other particulars in respect to the management of elections, insofar as they may be applicable, shall govern all elections conducted pursuant to this chapter. Ballots for the special election may be distributed to voters by mail with return postage prepaid, and shall be received by the district either by mail or hand delivery at the address shown on the postage prepaid envelope no later than 5:00 p.m. on the special election day. The district shall pay to the county the reasonable expenses that the county incurs in conducting an election under this chapter, and the district may expend funds collected from the benefit assessment approved pursuant to the election for this purpose. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  3. 33002.8.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

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    If voters approve the proposition by majority at the chapter election, the board may levy the assessment.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33002.8. If a majority of the votes cast at the election conducted under this chapter approve the proposition, the board may levy the assessment pursuant to the resolution adopted pursuant to Section 33002. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  4. 33002.9.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

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    Property owners or their legal representatives may ask the board to exclude property from a benefit district or reduce an assessment, but the petition must include supporting facts, a legal description, and a map.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33002.9. (a) Any owner or owners of real property, which is, in whole or in part, within the benefit district, or their legal representatives, may jointly or severally file with the board a petition requesting that the real property owned by them or for which they are the legal representative be excluded from the benefit district on the ground that the real property sought to be excluded is not benefited or that the assessment be reduced on the ground that the assessment exceeds the benefit to that real property. (b) The real property sought to be excluded or upon which the assessment is sought to be reduced shall be described by its legal description and shall be accompanied by a map depicting its location in relation to the benefit district. (c) The petition shall contain a statement of facts in support of the petition and shall be acknowledged by the owner or the legal representative filing the petition. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  5. 33003.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

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    The board may use a resolution to make certain bonded debt payable from special benefit assessments in the benefit district, and the resolution must be approved by a two-thirds vote and state required details.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33003. (a) Following formation of the benefit district or concurrently therewith, if the board deems it necessary to incur a bonded indebtedness for the acquisition, construction, development, joint development, completion, operation, maintenance, or repair of one or more rail transit stations and related rail transit facilities located within the benefit district, the board may provide, by resolution, that the bonded indebtedness shall be payable from special benefit assessments levied within the benefit district. The resolution shall be adopted by a two-thirds vote of the members of the board, and shall declare and state all of the following: (1) That the board intends to incur an indebtedness, by the issuance of bonds of the district, for the benefit district which the board has formed, or intends to form, within a portion of the district. (2) The purposes for which the proposed debt is to be incurred, which may include all costs and estimated costs necessary or convenient for, incidental to, or connected with the accomplishment of the purposes, including, without limitation, engineering, inspection, legal, fiscal agent, financial consultant, bond and other reserve funds, working capital, bond interest estimated to accrue during the construction period, if any, and for a period not exceeding three years thereafter, and the expenses of all proceedings for the authorization, issuance, and sale of the bonds. (3) The estimated cost of accomplishing the purposes and the amount of the principal of the indebtedness to be incurred. (4) That a general description of the benefit district and of each zone, if any, therein and maps showing the exterior boundaries thereof are on file with the secretary of the district and available for inspection by any interested person. (5) That special benefit assessments for the payment of the bonds, and the interest thereon, have been or shall be levied in the benefit district or zones therein by the parcel area of unimproved real property and by the parcel area and the floor area of real property and improvements thereto of improved real property, as deemed appropriate by a resolution adopted by a two-thirds vote of the members of the board, at rates which are sufficient in the aggregate, together with revenues already collected and available therefor, to pay the principal of, and interest on, all bonds of the district issued for the benefit district. (6) The extent to which, if at all, all or a portion of the revenues of the district are to be used to pay the principal of, interest on, and sinking fund payments for, the bonds, including the establishment and maintenance of any reserve fund therefor. (7) The time and place set for hearing on the proposed issuance of the bonds. (8) That at the same time as the Board of Supervisors of the County of Los Angeles is required by law to fix the general tax levy and in the manner provided for the general tax levy, the district board shall levy and collect special benefit assessments in the benefit district or zones therein by the parcel area of unimproved real property and by the parcel area and the floor area of real property and improvements thereto of improved real property, as deemed appropriate by the district board, at rates which are sufficient in the aggregate, together with revenues already collected and available therefor, to pay the interest on the bonds as it becomes due, and the part of the principal of the bonds, including sinking fund installments required by any of the district’s agreements with bondholdlers, as will become due before proceeds of a special benefit assessment, levied at the time of the next general tax levy, will be available for those purposes; and to provide or to restore the bond reserve fund to the amount required by any of the district’s agreements with bondholders. (9) The maximum term the proposed bonds shall run before maturity, which shall not exceed 40 years from the date of the bonds or any series thereof. (10) The maximum rate or rates of interest to be paid, which shall not exceed 12 percent per annum. (11) That the pledge of special benefit assessment revenues to the bonds authorized by this section has priority over the use of any of those revenues for pay-as-you-go financing, except to the extent that this priority is expressly restricted by any of the district’s agreements with bondholders. (b) The notice stating the time and place of the hearing on the proposed issuance of bonds shall be published prior to the time fixed for the hearing pursuant to Section 6066 of the Government Code. (c) Notice shall also be mailed at least 30 days prior to the hearing to all owners of real property within the boundaries of the benefit district whose names and addresses appear on the last equalized assessment roll or are otherwise known to the Board of Supervisors of the County of Los Angeles or to the district. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  6. 33004.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

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    The board must hold the hearing, let interested persons speak, and then decide by two-thirds vote whether to incur the bonded indebtedness. The resolution must state the debt amount, purpose, and estimated cost.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33004. At the time and place fixed for the hearing on the issuance of bonds payable from special benefit assessments levied under this chapter, or at any time and place to which the hearing is adjourned, the board shall proceed with the hearing. Interested persons may appear at the hearing and present matters material to the questions set forth in the resolution. At the conclusion of the hearing on the proposed issuance of bonds, the board shall, by resolution adopted by a two-thirds vote of the members, determine whether to incur the bonded indebtedness. The resolution shall state the amount of the proposed debt, the purposes for which it is to be incurred, and the estimated cost of accomplishing the purposes. The determinations made in the resolution are final and conclusive. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  7. 33005.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

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    The district must levy special benefit assessments at rates sufficient to pay bond principal and interest, and it may use other district revenues only as allowed by agreement.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33005. Special benefit assessments for the payment of the principal of, and interest on, bonds issued for a benefit district shall be levied in the benefit district at rates which are sufficient in the aggregate, together with revenues already collected and available therefor, to pay the principal of, and interest on, all bonds of the district issued for the benefit district. Other revenues of the district shall be used for the payment of the principal of, and interest on, the bonds only to the extent set forth in any agreement of the district for the benefit of bondholders. Special benefit assessments in the benefit district and zones, if any, therein shall be calculated to reflect, as accurately as possible, the benefit received by the property assessed in the benefit district or zones, if any, therein as a result of the project to be financed thereby. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  8. 33006.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

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    Bonds issued under this chapter must follow interest, denomination, payment, signature, and redemption rules.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33006. The bonds issued pursuant to this chapter shall bear interest at a rate or rates not exceeding 12 percent per annum, payable semiannually, except that the first interest payable on the bonds or any series thereof may be for any period not to exceed one year as determined by the board. In the resolution or resolutions providing for the issuance of bonds, the board may also provide for call and redemption of the bonds prior to maturity at times and prices and upon any other terms that it may specify. However, no bond is subject to call or redemption prior to maturity unless the bond contains a recital to that effect. The denomination or denominations of bonds shall be stated in the resolution providing for their issuance, but shall not be less than five thousand dollars ($5,000). The principal of, and interest on, the bonds shall be payable in lawful money of the United States at the office of the treasurer of the district or at any other place or places that may be designated by the board, or at either place or places at the option of the holders of the bonds. The bonds shall be dated, numbered consecutively, signed by the president and treasurer, and countersigned by the secretary and shall have the official seal of the district attached. The interest coupons of the bonds shall be signed by the treasurer. The seal and all signatures and countersignatures may be printed, lithographed, or mechanically reproduced, except that one signature or countersignature shall be manually affixed. If an officer, whose signature or countersignature appears on the bonds or coupons, leaves office for any reason prior to the delivery of the bonds, the officer’s signature is as effective as if the officer had remained in office. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  9. 33007.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

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    The board may sell the bonds and can choose public sale, private sale, negotiation, or other lawful means, with special rules if it uses competitive bidding.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33007. The bonds issued pursuant to this chapter may be sold as the board determines by resolution. The board may sell the bonds at a price below par. If the board determines by resolution that the bonds shall be sold by competitive bid, the board, before selling the bonds, or any part thereof, shall give notice inviting sealed bids in the manner that it prescribes. If satisfactory bids are received, the bonds offered shall be awarded to the highest responsible bidder. If no bids are received, or if the board determines that the bids received are not satisfactory as to price or responsibility of the bidders, the board may reject all bids received, if any, and either readvertise or sell the bonds at private sale or by negotiation, or by other lawful means. If the board determines by resolution that the bonds shall not be sold by competitive bid, the board may sell the bonds at public or private sale, by negotiation, or by other lawful means. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  10. 33008.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

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    Bonds issued under this chapter may be delivered anywhere inside or outside the state, and the purchase price may be paid in cash or bank credits.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33008. Delivery of any bonds issued under this chapter may be made at any place either inside or outside the state, and the purchase price may be received in cash or bank credits. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  11. 33009.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

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    Money from bond sales must be used only for the bond-related purposes stated in this section.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33009. All accrued interest and premiums received on the sale of bonds issued by the district pursuant to this chapter shall be placed in the fund to be used for the payment of principal of, and interest on, those bonds. The remainder of the proceeds received on the sale of the bonds shall be placed in the treasury to secure those bonds or for the purposes for which the debt was incurred. When the purposes for which the debt was incurred have been accomplished, any money remaining shall be either (a) transferred to the fund to be used for the payment of principal of, and interest on, the bonds or (b) placed in a fund to be used for the purchase of those outstanding bonds of the district, from time to time, in the open market at the prices and in the manner, either at public or private sale or otherwise, that the board determines. Bonds so purchased shall be canceled immediately. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  12. 3301.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [3300 - 3304] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    This division is named the California Consumer Power and Conservation Financing Authority Act, and it may be cited by that name.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [3300 - 3304] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3301. This division shall be known and may be cited as the California Consumer Power and Conservation Financing Authority Act. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  13. 33010.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

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    The board may arrange refunding bonds to replace or retire bonds issued under this chapter, and it may decide the terms, timing, and method.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33010. The board may provide for the issuance, sale, or exchange of refunding bonds to redeem or retire any bonds issued by the district under this chapter upon the terms, at the times, and in the manner that it determines. Refunding bonds may be issued in a principal amount sufficient to pay all, or any part, of the principal of the outstanding bonds issued under this chapter, the interest thereon, and the premiums, if any, due upon call and redemption thereof prior to maturity and all expenses of the refunding. The provisions of this chapter, for the issuance and sale of bonds apply to the issuance and sale of refunding bonds, except that, when refunding bonds are to be exchanged for outstanding bonds, the method of exchange shall be as determined by the board. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  14. 33011.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

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    Bonds issued under this chapter may be treated as legal investments and may also be used as security in some cases.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33011. Any bonds issued under this chapter are legal investment for all trust funds; for the funds of insurance companies, commercial and savings banks, and trust companies; for state school funds; and, whenever any money or funds may, by any law now or hereafter enacted, be invested in bonds of cities, counties, school districts, or other districts within this state, the money or funds may be invested in the bonds issued under this chapter. Whenever bonds of cities, counties, school districts, or other districts within this state may, by any law now or hereafter enacted, be used as security for the performance of any act or the deposit of any public money, bonds issued under this chapter may be so used. The provisions of this chapter are in addition to all other laws relating to legal investments and are controlling as the latest expression of the Legislature with respect thereto. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  15. 33012.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

    Verify source ↗

    The board may change proposed debt details and district boundaries, but it may not extend boundaries to land it judges will not benefit from the district action.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33012. The board may change the purposes for which any proposed debt is to be incurred, the estimated cost, the amount of bonded debt to be incurred, or the boundaries of the benefit district or zones, if any, therein or one or all of those matters, except that the board shall not change the boundaries to include any territory which will not, in its judgment, be benefited by the district action. For all purposes of this chapter, it is conclusively presumed that any right-of-way of a common carrier will not be benefited by the district action. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  16. 33013.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

    Verify source ↗

    The board may not change certain district matters until it first gives notice of the proposed changes.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33013. (a) The board shall not change the purposes, the estimated cost, the boundaries of the benefit district or zones, if any, therein, or the amount of bonded debt to be incurred until after it gives notice of its intention to do so, stating each proposed change in the purpose and stating, if applicable, that the exterior boundaries proposed to be changed are set forth on a map on file with the secretary of the district. The notice shall also specify the time and place set for hearing. (b) The notice shall be published prior to the time set for the hearing pursuant to Section 6066 of the Government Code. (c) The notice shall also be mailed at least 30 days prior to the hearing to all owners of real property affected by the proposed change whose names and addresses appear on the last equalized assessment roll or are otherwise known to the Board of Supervisors of the County of Los Angeles or to the district. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  17. 33014.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

    Verify source ↗

    At the scheduled or adjourned hearing, the board must conduct the hearing and then decide by resolution whether to make the noticed changes. Interested persons may attend and present relevant matters.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33014. At the time and place fixed for a hearing on changes, or at any time and place to which the hearing is adjourned, the board shall proceed with the hearing. At the hearing, interested persons may appear and present matters material to the changes set forth in the notice. At the conclusion of the hearing, the board shall, by resolution, determine whether to make any or all of the changes set forth in the notice. The determinations made in the resolution are conclusive and final. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  18. 33015.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

    Verify source ↗

    Board decisions made after notice and hearing are final, and people must raise objections, appeals, or protests at the hearing or they are waived.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33015. All decisions and determinations of the board, upon notice and hearing, are final and conclusive upon all persons entitled to appeal to the board as to all errors, informalities, and irregularities which the board might have avoided or remedied during the progress of the proceedings or which it can, at that time, remedy. Any objection, appeal, or protest not made at the time of any hearing is deemed to be waived voluntarily by any person who might have made the appeal, protest, or objection, and the person is deemed to have consented to the action taken following the hearing and any other matter on which objection, protest, or appeal could have been made. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  19. 33016.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

    Verify source ↗

    Covered actions or proceedings contesting the validity of a benefit district, zone, bonds, or related proceedings must be started within six months of formation, except petitions for election under Section 33002.2.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33016. Any action or proceeding, other than a petition for election pursuant to Section 33002.2, which contests, questions, or denies the validity or legality of the formation of any benefit district or zone, the issuance of any bonds therefor pursuant to this chapter, or any proceedings relating thereto, shall be commenced within six months from the date of the formation; otherwise, the formation of the benefit district or zone, the issuance of the bonds, and all proceedings relating thereto shall be held to be in every respect valid, legal, and incontestable. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  20. 33017.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

    Verify source ↗

    The secretary must certify the special benefit assessment to the county assessor and provide the district maps and diagrams; the county must levy, collect, and then transmit the assessments, and it may deduct reasonable collection expenses.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33017. When the board has imposed a special benefit assessment, the secretary shall so certify to the assessor of the county in which the territory of any benefit district is located and deliver to the assessor copies of all maps and diagrams of the benefit district and zones, if any, therein, indicating the amount of the special benefit assessment to be levied within the benefit district and zones, if any, therein. Special benefit assessments authorized by this chapter shall be levied and collected by the county at the same time and in the same manner as taxes are levied and collected. The county may deduct its reasonable expenses of collection and shall transmit the balance of the assessments to the district. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  21. 33019.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

    Verify source ↗

    If this chapter conflicts with another law, this chapter controls for benefit districts within the district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33019. In the event of conflict with any other law, the provisions of this chapter shall prevail with respect to benefit districts within the district. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  22. 3302.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [3300 - 3304] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the division.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [3300 - 3304] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3302. As used in this division, unless the context otherwise requires, the following terms have the following meanings: (a) “Act” means the California Consumer Power and Conservation Financing Authority Act. (b) “Authority” means the California Consumer Power and Conservation Financing Authority established pursuant to Section 3320 and any board, commission, department, or officer succeeding to the functions thereof, or to whom the powers conferred upon the authority by this division shall be given by law. (c) “Board” means the Board of Directors of the California Consumer Power and Conservation Financing Authority. (d) “Bond purchase agreement” means a contractual agreement executed between the authority and an underwriter or underwriters and, where appropriate, a participating party, whereby the authority agrees to sell bonds issued pursuant to this division. (e) “Bonds” means bonds, including structured, senior, and subordinated bonds or other securities; loans; notes, including bond revenue or grant anticipation notes; certificates of indebtedness; commercial paper; floating rate and variable maturity securities; and any other evidences of indebtedness or ownership, including certificates of participation or beneficial interest, asset backed certificates, or lease-purchase or installment purchase agreements, whether taxable or excludable from gross income for state and federal income taxation purposes. (f) “Cost,” as applied to a program, project, or portion thereof financed under this division, means all or any part of the cost of construction, improvement, repair, reconstruction, renovation, and acquisition of all lands, structures, improved or unimproved real or personal property, rights, rights-of-way, franchises, licenses, easements, and interests acquired or used for a project; the cost of demolishing or removing or relocating any buildings or structures on land so acquired, including the cost of acquiring any lands to which the buildings or structures may be moved; the cost of all machinery and equipment; financing charges; the costs of any environmental mitigation; the costs of issuance of bonds or other indebtedness; interest prior to, during, and for a period after, completion of the project, as determined by the authority; provisions for working capital; reserves for principal and interest; reserves for reduction of costs for loans or other financial assistance; reserves for maintenance, extension, enlargements, additions, replacements, renovations, and improvements; and the cost of architectural, engineering, financial, appraisal, and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of any project, enterprise, or program or incidental to the completion or financing of any project or program. (g) “Enterprise” means a revenue-producing improvement, building, system, plant, works, facilities, or undertaking used for or useful for the generation or production of electric energy for lighting, heating, and power for public or private uses. Enterprise includes, but is not limited to, all parts of the enterprise, all appurtenances to it, lands, easements, rights in land, water rights, contract rights, franchises, buildings, structures, improvements, equipment, and facilities appurtenant or relating to the enterprise. (h) “Financial assistance” in connection with a project, enterprise or program, includes, but is not limited to, any combination of grants, loans, the proceeds of bonds issued by the authority, insurance, guarantees or other credit enhancements or liquidity facilities, and contributions of money, property, labor, or other things of value, as may be approved by resolution of the board; the purchase or retention of authority bonds, the bonds of a participating party for their retention or for sale by the authority, or the issuance of authority bonds or the bonds of a special purpose trust used to fund the cost of a project or program for which a participating party is directly or indirectly liable, including, but not limited to, bonds, the security for which is provided in whole or in part pursuant to the powers granted by this division; bonds for which the authority has provided a guarantee or enhancement; or any other type of assistance determined to be appropriate by the authority. (i) “Fund” means the California Consumer Power and Conservation Financing Authority Fund. (j) “Loan agreement” means a contractual agreement executed between the authority and a participating party that provides that the authority will loan funds to the participating party and that the participating party will repay the principal and pay the interest and redemption premium, if any, on the loan. (k) “Participating party” means either of the following: (1) Any person, company, corporation, partnership, firm, federally recognized California Indian tribe, or other entity or group of entities, whether organized for profit or not for profit, engaged in business or operations within the state and that applies for financial assistance from the authority for the purpose of implementing a project or program in a manner prescribed by the authority. (2) Any subdivision of the state or local government, including, but not limited to, departments, agencies, commissions, cities, counties, nonprofit corporations, special districts, assessment districts, and joint powers authorities within the state or any combination of these subdivisions, that has, or proposes to acquire, an interest in a project, or that operates or proposes to operate a program under Section 3365, and that makes application to the authority for financial assistance in a manner prescribed by the authority. (l) “Program” means a program that provides financial assistance, as provided in Article 6 (commencing with Section 3365). (m) “Project” means plants, facilities, equipment, appliances, structures, expansions, and improvements within the state that serve the purposes of this division as approved by the authority, and all activities and expenses necessary to initiate and complete those projects described in Article 5 (commencing with Section 3350) and Article 7 (commencing with Section 3368), of Chapter 3. (n) “Revenues” means all receipts, purchase payments, loan repayments, lease payments, rents, fees and charges, and all other income or receipts derived by the authority from an enterprise, or by the authority or a participating party from any other financing arrangement undertaken by the authority or a participating party, including, but not limited to, all receipts from a bond purchase agreement, and any income or revenue derived from the investment of any money in any fund or account of the authority or a participating party. (o) “State” means the State of California. (Amended by Stats. 2008, Ch. 558, Sec. 31. Effective January 1, 2009.)
  23. 33020.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

    Verify source ↗

    The district must not use general fund revenues to pay bonded indebtedness under this chapter, unless the California Constitution requires it.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33020. Notwithstanding any other provision of this chapter, the district shall not pledge any portion of its general fund revenues to pay any part of any bonded indebtedness incurred under this chapter unless required by provisions of the California Constitution. (Added by Stats. 1983, Ch. 1322, Sec. 4.)
  24. 33021.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. )

    Verify source ↗

    Refund petitions or claims for certain assessment-related relief must be filed within two years after the payment being refunded.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 3. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT [30000 - 33021] ( Part 3 added by Stats. 1964, 1st Ex. Sess., Ch. 62. ) ## CHAPTER 12. Special Benefit Assessment Districts [33000 - 33021] ( Chapter 12 added by Stats. 1983, Ch. 1322, Sec. 4. ) ## 33021. Notwithstanding Section 5097 of the Revenue and Taxation Code, any petition or claim for refund seeking an exclusion of real property or the reduction of an assessment on any grounds for the 2004–05 fiscal year or in any subsequent fiscal year pursuant to this chapter shall be filed within two years after the making of the payment sought to be refunded. (Added by Stats. 2004, Ch. 590, Sec. 1. Effective January 1, 2005.)
  25. 3304.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [3300 - 3304] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

    Verify source ↗

    Actions taken under this division are exempt from the Administrative Procedure Act.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [3300 - 3304] ( Chapter 1 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3304. Any action taken pursuant to this division is exempt from the Administrative Procedure Act, as defined in Section 11370 of the Government Code. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  26. 331.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 1. General Provisions and Definitions [330 - 332.2] ( Article 1 added by Stats. 1996, Ch. 854, Sec. 10. )

    Verify source ↗

    This section defines terms used in the chapter, including aggregator, broker, direct transaction, fire wall, marketer, microcogeneration facility, restructuring trusts, and small commercial customer.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 1. General Provisions and Definitions [330 - 332.2] ( Article 1 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 331. The definitions set forth in this section shall govern the construction of this chapter. (a) “Aggregator” means any marketer, broker, public agency, city, county, or special district, that combines the loads of multiple end-use customers in facilitating the sale and purchase of electric energy, transmission, and other services on behalf of these customers. (b) “Broker” means an entity that arranges the sale and purchase of electric energy, transmission, and other services between buyers and sellers, but does not take title to any of the power sold. (c) “Direct transaction” means a contract between any one or more electric generators, marketers, or brokers of electric power and one or more retail customers providing for the purchase and sale of electric power or any ancillary services. (d) “Fire wall” means the line of demarcation separating residential and small commercial customers from all other customers as described in subdivision (e) of Section 367. (e) “Marketer” means any entity that buys electric energy, transmission, and other services from traditional utilities and other suppliers, and then resells those services at wholesale or to an end-use customer. (f) “Microcogeneration facility” means a cogeneration facility of less than one megawatt. (g) “Restructuring trusts” means the two tax-exempt public benefit trusts established by Decision 96-08-038 of the Public Utilities Commission to provide for design and development of the hardware and software systems for the Power Exchange and the Independent System Operator, respectively, and that may undertake other activities, as needed, as ordered by the commission. (h) “Small commercial customer” means a customer that has a maximum peak demand of less than 20 kilowatts. (Amended by Stats. 2002, Ch. 664, Sec. 188. Effective January 1, 2003.)
  27. 331.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 1. General Provisions and Definitions [330 - 332.2] ( Article 1 added by Stats. 1996, Ch. 854, Sec. 10. )

    Verify source ↗

    This section defines “community choice aggregator” and lists which entities can qualify.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 1. General Provisions and Definitions [330 - 332.2] ( Article 1 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 331.1. For purposes of this chapter, “community choice aggregator” means any of the following entities, if that entity is not within the jurisdiction of a local publicly owned electric utility that provided electrical service as of January 1, 2003: (a) Any city, county, or city and county whose governing board elects to combine the loads of its residents, businesses, and municipal facilities in a communitywide electricity buyers’ program. (b) Any group of cities, counties, or cities and counties whose governing boards have elected to combine the loads of their programs, through the formation of a joint powers agency established under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. (c) The Kings River Conservation District, the Sonoma County Water Agency, and any California public agency possessing statutory authority to generate and deliver electricity at retail within its designated jurisdiction, provided the entity may only combine the loads of residences, businesses, and governmental facilities of cities and counties within, or contiguous to, its jurisdiction that have, by resolution exercised pursuant to paragraph (12) of subdivision (c) of Section 366.2, requested the agency to implement a community choice aggregation program. (Amended by Stats. 2011, Ch. 599, Sec. 3. (SB 790) Effective January 1, 2012.)
  28. 3310.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 2. Purpose of the California Consumer Power and Conservation Financing Authority [3310- 3310.] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

    Verify source ↗

    The authority may exercise its powers only for the listed energy-related purposes and only under Article 4 of Chapter 3.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 2. Purpose of the California Consumer Power and Conservation Financing Authority [3310- 3310.] ( Chapter 2 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3310. The authority may only exercise its powers pursuant to Article 4 (commencing with Section 3340) of Chapter 3 for the following purposes: (a) Establish, finance, purchase, lease, own, operate, acquire, or construct generating facilities and other projects and enterprises, on its own or through agreements with public and private third parties or joint ventures with public or private entities, or provide financial assistance for projects or programs by participating parties, to supplement private and public sector power supplies, taking into account generation facilities in operation or under development as of August 13, 2001, and to ensure a sufficient and reliable supply of electricity for California’s consumers at just and reasonable rates. (b) Sponsor, finance, purchase, lease, own, operate, acquire, or construct an eligible transmission project, as defined in Section 63049.71 of the Government Code. (c) Finance programs, administered by the Energy Commission, the commission, and other approved participating parties for consumers and businesses to invest in cost-effective energy efficient appliances, renewable energy projects, and other programs that will reduce the demand for energy in California. (d) Finance natural gas transportation and storage projects under Article 7 (commencing with Section 3368) of Chapter 3. (e) Achieve an adequate energy reserve capacity in California within five years of August 13, 2001. (f) Provide financing for owners of aged, inefficient, electric powerplants to perform necessary retrofits to improve the efficiency and environmental performances of those powerplants. (Amended by Stats. 2025, Ch. 119, Sec. 48. (SB 254) Effective September 19, 2025.)
  29. 332.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 1. General Provisions and Definitions [330 - 332.2] ( Article 1 added by Stats. 1996, Ch. 854, Sec. 10. )

    Verify source ↗

    The commission must set and manage electric rate caps for San Diego Gas and Electric Company customers, review the related accounting procedure at least twice a year, and act on any refund or rate-adjustment issues described here.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 1. General Provisions and Definitions [330 - 332.2] ( Article 1 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 332.1. (a) (1) It is the intent of the Legislature to enact Item 1 (revised) on the commission’s August 21, 2000 agenda, entitled “Opinion Modifying Decision (D.) D.00-06-034 and D.00-08-021 to Regarding Interim Rate Caps for San Diego Gas and Electric Company,” as modified below. (2) It is also the intent of the Legislature that to the extent that the Federal Energy Regulatory Commission orders refunds to electrical corporations pursuant to their findings, the commission shall ensure that any refunds are returned to customers. (b) The commission shall establish a ceiling of six and five-tenths cents ($0.065) per kilowatthour on the energy component of electric bills for electricity supplied to residential, small commercial, and street lighting customers by the San Diego Gas and Electric Company, through December 31, 2002, retroactive to June 1, 2000. If the commission finds it in the public interest, this ceiling may be extended through December 2003 and may be adjusted as provided in subdivision (d). (c) The commission shall establish an accounting procedure to track and recover reasonable and prudent costs of providing electric energy to retail customers unrecovered through retail bills due to the application of the ceiling provided for in subdivision (b). The accounting procedure shall utilize revenues associated with sales of energy from utility-owned or managed generation assets to offset an undercollection, if undercollection occurs. The accounting procedure shall be reviewed periodically by the commission, but not less frequently than semiannually. The commission may utilize an existing proceeding to perform the review. The accounting procedure and review shall provide a reasonable opportunity for San Diego Gas and Electric Company to recover its reasonable and prudent costs of service over a reasonable period of time. (d) If the commission determines that it is in the public interest to do so, the commission, after the date of the completion of the proceeding described in subdivision (g), may adjust the ceiling from the level specified in subdivision (b), and may adjust the frozen rate from the levels specified in subdivision (f), consistent with the Legislature’s intent to provide substantial protections for customers of the San Diego Gas and Electric Company and their interest in just and reasonable rates and adequate service. (e) For purposes of this section, “small commercial customer” includes, but is not limited to, all San Diego Gas and Electric Company accounts on Rate Schedule A of the San Diego Gas and Electric Company, all accounts of customers who are “general acute care hospitals,” as defined in Section 1250 of the Health and Safety Code, all San Diego Gas and Electric Company accounts of customers who are public or private schools for pupils in kindergarten or any of grades 1 to 12, inclusive, and all accounts on Rate Schedule AL-TOU under 100 kilowatts. (f) The commission shall establish an initial frozen rate of six and five-tenths cents ($0.065) per kilowatthour on the energy component of electric bills for electricity supplied to all customers by the San Diego Gas and Electric Company not subject to subdivision (b), for the time period ending with the end of the rate freeze for the Pacific Gas and Electric Company and the Southern California Edison Company pursuant to Section 368, retroactive to February 7, 2001. The commission shall consider the comparable energy components of rates for comparable customer classes served by the Pacific Gas and Electric Company and the Southern California Edison Company and, if it determines it to be in the public interest, the commission may adjust this frozen rate, and may do so, retroactive to the date that rate increases took effect for customers of Pacific Gas and Electric Company and Southern California Edison Company pursuant to the commission’s March 27, 2001, decision. The commission shall determine the Fixed Department of Water Resources Set-Aside pursuant to Section 360.5 for customers subject to this section, reflecting a retail rate consistent with the rate for the energy component of electric bills as determined in this subdivision, in place of the retail rate in effect on January 5, 2001. This section shall be construed to modify the payment provisions, but may not be construed to modify the electric procurement obligations of the Department of Water Resources, pursuant to any contract or agreement in accordance with Division 27 (commencing with Section 80000) of the Water Code, and in effect as of February 7, 2001, between the Department of Water Resources and San Diego Gas and Electric Company. (g) The commission shall institute a proceeding to examine the prudence and reasonableness of the San Diego Gas and Electric Company in the procurement of wholesale energy on behalf of its customers, for a period beginning, at the latest, on June 1, 2000. If the commission finds that San Diego Gas and Electric Company acted imprudently or unreasonably, the commission shall issue orders that it determines to be appropriate affecting the retail rates of San Diego Gas and Electric Company customers including, but not limited to, refunds. (h) Nothing in this section may be construed to limit the authority of the Department of Water Resources pursuant to Division 27 (commencing with Section 80000) of the Water Code. (Amended by Stats. 2002, Ch. 664, Sec. 189. Effective January 1, 2003.)
  30. 3320.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 1. Creation of the Authority [3320- 3320.] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    This section creates the California Consumer Power and Conservation Financing Authority and requires it to administer the division, implement Chapter 2’s purposes, and finance projects and programs under the division.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 1. Creation of the Authority [3320- 3320.] ( Article 1 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3320. (a) There is hereby created in the state government the California Consumer Power and Conservation Financing Authority, which shall be responsible for administering this division. (b) The authority shall implement the purposes of Chapter 2 (commencing with Section 3310), and to that end finance projects and programs in accordance with this division, all to the mutual benefit of the people of the state and to protect their health, welfare, and safety. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  31. 3325.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 2. Board of Directors [3325 - 3328] ( Article 2 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    This section sets the board structure and operating rules for the authority.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 2. Board of Directors [3325 - 3328] ( Article 2 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3325. (a) The authority shall be governed by a five-member board of directors that shall consist of the following persons: (1) Four individuals appointed by the Governor, subject to confirmation by the Senate. These four members shall have considerable experience in power generation, natural gas transportation or storage, energy conservation, financing, or ratepayer advocacy. (2) The State Treasurer. (b) (1) For the initial term, the appointed members shall serve staggered terms as follows: (A) The member appointed first shall serve a term of four years. (B) The member appointed second shall serve a term of three years. (C) The member appointed third shall serve a term of two years. (D) The member appointed fourth shall serve a term of one year. (2) The second and any subsequent terms shall be for four years. (c) A quorum is necessary for any action to be taken by the board. Three of the members shall constitute a quorum, and the affirmative vote of three board members shall be necessary for any action to be taken by the board. (d) (1) The chairperson of the board shall be appointed by the Governor. This position shall be a full-time, paid position. (2) Except as provided in this subdivision, the members of the board shall serve without compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties to the extent that reimbursement for these expenses is not otherwise provided or payable by another public agency, and shall receive one hundred dollars ($100) for each full day of attending meetings of the authority. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  32. 3326.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 2. Board of Directors [3325 - 3328] ( Article 2 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    Board members are subject to the Political Reform Act of 1974 and other applicable laws. The board may buy insurance for fiduciaries or for itself if the policy allows the insurer to seek recourse against a fiduciary for breach of fiduciary duty.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 2. Board of Directors [3325 - 3328] ( Article 2 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3326. (a) The members of the board shall be subject to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)) of the Government Code, and all other applicable provisions of law. (b) The board may purchase insurance for its fiduciaries or for itself to cover liability or losses occurring by reason of the act or omission of a fiduciary, if the insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation by the fiduciary. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  33. 3327.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 2. Board of Directors [3325 - 3328] ( Article 2 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    Board meetings must be open to the public and follow the Bagley-Keene Open Meeting Act.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 2. Board of Directors [3325 - 3328] ( Article 2 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3327. Meetings of the board shall be open to the public and shall be conducted 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). (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  34. 3328.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 2. Board of Directors [3325 - 3328] ( Article 2 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    The California Public Records Act applies to all records of the authority.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 2. Board of Directors [3325 - 3328] ( Article 2 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3328. The California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) applies to all records of the authority. (Amended by Stats. 2021, Ch. 615, Sec. 399. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  35. 3330.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 3. Chief Executive Officer [3330- 3330.] ( Article 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    The chief executive officer manages the authority’s business under the board’s direction, and the board may assign duties to the executive director by resolution unless this section says otherwise.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 3. Chief Executive Officer [3330- 3330.] ( Article 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3330. The chief executive officer shall manage and conduct the business and affairs of the authority and the fund subject to the direction of the board. Except as otherwise provided in this section, the board may assign to the executive director, by resolution, those duties generally necessary or convenient to carry out its powers and purposes under this division. Any action involving final approval of any bonds, notes, loans, or other financial assistance shall require the approval of a majority of the members of the board. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  36. 334.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The Legislature states that electric industry restructuring should preserve reliable electricity service and avoid undue economic risk to Californians.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 334. The Legislature finds and declares that in order to ensure the success of electric industry restructuring, in the transition to a new market structure it is important to ensure a reliable supply of electricity. Reliable electric service is of paramount importance to the safety, health, and comfort of the people of California. Transmission connections between electric utilities allow them to share generation resources and reduce the number of powerplants necessary to maintain a reliable system. The connections between utilities also create exposure to events that can cause widespread and extended transmission and service outages that reach far beyond the originating utility service area. California utilities and those in the western United States voluntarily adhere to reliability standards developed by the Western Electricity Coordinating Council. The economic cost of extended electricity outages, such as those that occurred in California and throughout the Western Electricity Coordinating Council on July 2, 1996, and August 10, 1996, to California’s residential, commercial, agricultural, and industrial customers is significant. The proposed restructuring of the electricity industry would transfer responsibility for ensuring short- and long-term reliability away from electric utilities and regulatory bodies to the Independent System Operator and various market-based mechanisms. The Legislature has an interest in ensuring that the change in the locus of responsibility for reliability does not expose California citizens to undue economic risk in connection with system reliability. (Amended by Stats. 2003, Ch. 62, Sec. 256. Effective January 1, 2004.)
  37. 3340.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    The authority has several powers, including adopting a seal, suing and being sued, hiring staff, contracting for a chief executive officer, using eminent domain, and adopting rules for its business.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3340. The authority is authorized and empowered to do any of the following: (a) Adopt an official seal. (b) Sue and be sued in its own name. (c) Employ or contract with officers and employees to administer the authority. The authority may contract for the services of a chief executive officer, who shall serve at the pleasure of the board. If the chief executive officer contracts for the services of any other officer or employee, the contract shall be subject to the approval of the board. (d) Exercise the power of eminent domain. (e) Adopt rules and regulations for the regulation of its affairs and the conduct of its business. (f)Do all things generally necessary or convenient to carry out its powers under, and the purposes of, this division. (Amended by Stats. 2002, Ch. 1124, Sec. 51. Effective September 30, 2002.)
  38. 3341.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    The authority may use a range of financing and project-support powers, including issuing bonds and entering joint powers agreements.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3341. In connection with the purposes of this division, the authority may do any or all of the following: (a) Issue bonds, from time to time, as further provided in Chapter 5 (commencing with Section 3380.1), to pay all or part of the cost of any enterprise, project, or program, or to otherwise carry out the purposes of this division. (b) Enter into joint powers agreements with eligible public agencies pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. (c) Subject to any statutory or constitutional limitation on their use, do any of the following as may, in the determination of the authority, be necessary or convenient for the successful development, conduct, or financing of a project, program, or enterprise, or for carrying out the purposes of this division: (1) Engage the services, including, without limitation, the services of private consultants; attorneys; financial professionals and advisors; engineers; architects; construction, land use and environmental experts; and accountants, to render professional and technical assistance and advice. (2) Contract for engineering, architectural, accounting, or other services of appropriate state agencies. (3) Pay the reasonable costs, including, without limitation, costs of consulting engineers, architects, accountants, and construction, land use, and environmental experts employed by the authority or any participating party. Except as otherwise provided in Section 3341.5, those costs shall be recovered from participating parties. (d) Acquire, lease, take title to, and sell by installment sale or otherwise, lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and other interests in lands that are located within the state, as the authority determines to be necessary or convenient for an enterprise or the financing of a project, upon terms and conditions the authority considers to be reasonable. (e) Make, receive, or serve as a conduit for the making of, or otherwise provide for, grants, contributions, guarantees, insurance, credit enhancements or liquidity facilities, or other financial enhancements to a participating party as financial assistance for a project or program. The sources may include bond proceeds, dedicated taxes, state appropriations, federal appropriations, federal grants and loan funds, public and private sector retirement system funds, and proceeds of loans from the Pooled Money Investment Account, or any other source of money, property, labor, or other things of value. (f) Make loans to any participating party, either directly or by making a loan to a lending institution or other financial intermediary, in connection with the financing of a project or program in accordance with an agreement between the authority and a participating party, either as a sole lender or in participation with other lenders. (g) Make loans to any participating party, either directly or by making a loan to a lending institution, in accordance with an agreement between the authority and the participating party to refinance indebtedness incurred by the participating party in connection with projects undertaken and completed prior to any agreement with the authority or expectation that the authority would provide financing, either as a sole lender or in participation with other lenders. The power generated by those projects shall be subject to the terms and conditions specified by the authority in the agreement and pursuant to Section 3351. (h) Mortgage all or any portion of the authority’s interest in a project or enterprise and the property on which any project or enterprise is located, whether owned or thereafter acquired, including the granting of a security interest in any property, tangible or intangible. (i) Assign or pledge all or any portion of the authority’s interest in assets, things of value, mortgages, deeds of trust, bonds, bond purchase agreements, loan agreements, indentures of mortgage or trust, or similar instruments, notes, and security interests in property, tangible or intangible and the revenues therefrom, of a participating party to which the authority has made loans, and the revenues therefrom, including payment or income from any interest owned or held by the authority, for the benefit of the holders of bonds. (j) Lease the project being financed to a participating party, upon terms and conditions that the authority deems proper; charge and collect rents therefor; terminate any lease upon the failure of the lessee to comply with any of the obligations thereof; include in any lease, if desired, provisions that the lessee shall have options to renew the lease for a period or periods, and at rents determined by the authority; purchase any or all of the project; or, upon payment of all the indebtedness incurred by the authority for the financing of the project, the authority may convey, any or all of the project to the lessee or lessees. The power generated by those projects shall be subject to the terms and conditions specified by the authority in the agreement and pursuant to Section 3351. (k) (1) Issue, obtain, or aid in obtaining, from any department or agency of the United States, from other agencies of the state, or from any private company, any insurance or guarantee to or for, or any letter or line of credit regarding, the payment or repayment of interest or principal, or both, or any part thereof, on any bond, loan, lease, or obligation or any instrument evidencing or securing the same, made or entered into pursuant to this division. (2) Notwithstanding any other provision of this division, enter into any agreement, contract or other instrument regarding any insurance, guarantee, letter or line of credit specified in paragraph (1), and accept payment in the manner and form provided therein in the event of default by a participating party. (3) Assign any insurance, guarantee, letter or line of credit specified in paragraph (1) as security for bonds issued by the authority. (l) Enter into any agreement or contract, execute any instrument, and perform any act or thing necessary or convenient to, directly or indirectly, secure the authority’s bonds or a participating party’s obligations to the authority, including, but not limited to, bonds of a participating party purchased by the authority for retention or sale, with funds or moneys that are legally available and that are due or payable to the participating party by reason of any grant, allocation, apportionment, or appropriation of the state or agencies thereof, to the extent that the Controller shall be the custodian at any time of these funds or moneys, or with funds or moneys that are or will be legally available to the participating party, the authority, or the state or any agencies thereof by reason of any grant, allocation, apportionment, or appropriation of the federal government or agencies thereof; and in the event of written notice that the participating party has not paid or is in default on its obligations to the authority, direct the Controller to withhold payment of those funds or moneys from the participating party over which it is or will be custodian and to pay the same to the authority or its assignee, or direct the state or any agencies thereof to which any grant, allocation, apportionment, or appropriation of the federal government or agencies thereof is or will be legally available to pay the same upon receipt to the authority or its assignee, until the default has been cured and the amounts then due and unpaid have been paid to the authority or its assignee, or until arrangements satisfactory to the authority have been made to cure the default. (m) Purchase, with the proceeds of the authority’s bonds, bonds issued by, or for the benefit of, any participating party in connection with a project, pursuant to a bond purchase agreement or otherwise. Bonds purchased pursuant to this division may be held by the authority, pledged or assigned by the authority, or sold to public or private purchasers at public or negotiated sale, in whole or in part, separately or together with other bonds issued by the authority, and notwithstanding any other provision of law, may be bought by the authority at private sale. (n) Enter into purchase and sale agreements with all entities, public and private, including state and local government pension funds, with respect to the sale or purchase of bonds. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  39. 3341.1.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    The authority may take, build, run, manage, regulate, and charge for enterprises, and may deal with related property, subject to the stated exception for state public body property.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3341.1. In connection with an enterprise, the authority may do any or all of the following: (a) Acquire any enterprise by gift, purchase, or eminent domain as necessary to achieve the purposes of the authority pursuant to Sections 3310 and 3352. (b) Construct or improve any enterprise. By gift, lease, purchase, eminent domain, or otherwise, it may acquire any real or personal property, for an enterprise, except that no property of a state public body may be acquired without its consent. The authority may sell, lease, exchange, transfer, assign, or otherwise dispose of any real or personal property or any interest in such property. It may lay out, open, extend, widen, straighten, establish, or change the grade of any real property or public rights-of-way necessary or convenient for any enterprise. (c) Operate, maintain, repair, or manage all or any part of any enterprise, including the leasing for commercial purposes of surplus space or other space that is not economic to use for such enterprise. (d) Adopt reasonable rules or regulations for the conduct of the enterprise. (e) Prescribe, revise, and collect charges for the services, facilities, or energy furnished by the enterprise. The charges shall be established and adjusted so as to provide funds sufficient with other revenues and moneys available therefor, if any, to (1) pay the principal of and interest on outstanding bonds of the authority financing such enterprise as the same shall become due and payable, (2) create and maintain reserves, including, without limitation, operating and maintenance reserves and reserves required or provided for in any resolution authorizing, or trust agreement securing such bonds, and (3) pay operating and administrative costs of the authority. (f) Execute all instruments, perform all acts, and do all things necessary or convenient in the exercise of the powers granted by this article. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  40. 3341.2.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

    Verify source ↗

    The authority may take specified actions for a project, including deciding its location and character, acquiring or operating it, contracting, leasing, setting charges, making sales contracts, financing by loan, and doing whatever is necessary to use its powers.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3341.2. In connection with a project, the authority may do any or all of the following: (a) Determine the location and character of any project to be financed under this division. (b) Acquire, construct, enlarge, remodel, renovate, alter, improve, furnish, equip, own, maintain, manage, repair, operate, lease as lessee or lessor, or regulate any project to be financed under this division. (c) Contract with any participating party for the construction of a project by such participating party. (d) Enter into leases and agreements, as lessor or lessee, with any participating party relating to the acquisition, construction, and installation of any project, including real property, buildings, equipment, and facilities of any kind or character. (e) Establish, revise, charge and collect rates, rents, fees and charges for a project. The rates, rents, fees, and charges shall be established and adjusted in respect of the aggregate rates, rents, fees, and charges from all projects so as to provide funds sufficient with other revenues and moneys available therefor, if any, to (1) pay the principal of and interest on outstanding bonds of the authority financing such project as the same shall become due and payable, (2) create and maintain reserves, including, without limitation, operating and maintenance reserves and reserves required or provided for in any resolution authorizing, or trust agreement securing such bonds, and (3) pay operating and administrative costs of the authority. (f) Enter into contracts of sale with any participating party covering any project financed by the authority. (g) As an alternative to leasing or selling a project to a participating party, finance the acquisition, construction, or installation of a project by means of a loan to the participating party. (h) Execute all instruments, perform all acts, and do all things necessary or convenient in the exercise of the powers granted by this article. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  41. 3341.5.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

    Verify source ↗

    The authority must charge and fairly allocate its administrative costs and expenses among participating parties or other public or private entities, except when the costs relate to its own enterprises or projects.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3341.5. In connection with the purposes of this division, the authority shall charge and equitably apportion among participating parties or other public or private entities the authority’s administrative costs and expenses, including operating and financing-related costs incurred in the exercise of the powers and duties conferred by this division, except to the extent that those costs are related to one of the authority’s own enterprises or projects, in which case costs shall be included in the cost of generating that electricity as provided in Section 3351. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  42. 3342.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

    Verify source ↗

    The authority may exercise its fiscal powers independently of other state departments, divisions, or agencies, except the Legislature or where this division says otherwise.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3342. The fiscal powers granted to the authority by this division may be exercised without regard or reference to any other department, division, or agency of the state, except the Legislature or as otherwise stated in this division. This division shall be deemed to provide an alternative method of doing the things authorized by this division, and shall be regarded as supplemental and additional to powers conferred by other laws. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  43. 3343.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

    Verify source ↗

    Board members and people executing the authority’s bonds are not personally liable because of issuing the bonds.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3343. No member of the board or any person executing bonds of the authority pursuant to this division shall be personally liable on the bonds or subject to any personal liability or accountability by reason of the issuance thereof. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  44. 3344.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

    Verify source ↗

    The authority must fund expenses under this division only from money provided under the division, and it may not create state debt, liability, or obligation payable from other sources.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3344. All expenses incurred in carrying out this division shall be payable solely from funds provided under the authority of this division and no liability or obligation shall be imposed upon the State of California and, none shall be incurred by the authority beyond the extent to which moneys shall have been provided under this division. Under no circumstances shall the authority create any debt, liability, or obligation on the part of the State of California payable from any source whatsoever other than the moneys provided under this division. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  45. 3345.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

    Verify source ↗

    The authority’s operating budget must be reviewed and appropriated in the annual Budget Act.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3345. The authority’s operating budget shall be subject to review and appropriation in the annual Budget Act. For purposes of this section, the authority’s operating budget shall include the costs of personnel, administration, and overhead. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  46. 3347.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

    Verify source ↗

    The Bureau of State Audits must evaluate the authority’s effectiveness, include recommendations about whether it still needs to exist after January 1, 2007, and submit the evaluation to the Governor and the Legislature by January 1, 2005.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 4. Powers of the Authority [3340 - 3347] ( Article 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3347. The Bureau of State Audits shall perform an evaluation of the effectiveness of the authority’s efforts in achieving its purposes as described in Section 3310. The evaluation shall include recommendations as to whether there is a continued need for the authority beyond January 1, 2007. The evaluation shall be submitted to the Governor and the Legislature on or before January 1, 2005. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  47. 335.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. )

    Verify source ↗

    The Electricity Oversight Board is created and given oversight, appeal, appointment-review, and investigative powers.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 335. In order to ensure that the interests of the people of California are served, a five-member Electricity Oversight Board is hereby created as provided in Section 336. For purposes of this chapter, any reference to the Oversight Board shall mean the Electricity Oversight Board. Its functions shall be all of the following: (a) To oversee the Independent System Operator and the Power Exchange. (b) To determine the composition and terms of service and to exercise the exclusive right to decline to confirm the appointments of specific members of the governing board of the Power Exchange. (c) To serve as an appeal board for majority decisions of the Independent System Operator governing board, as they relate to matters subject to exclusive state jurisdiction, as specified in Section 339. (d) Those members of the Power Exchange governing board whose appointments the Oversight Board has the exclusive right to decline to confirm include proposed governing board members representing agricultural end users, industrial end users, commercial end users, residential end users, end users at large, nonmarket participants, and public interest groups. (e) To investigate any matter related to the wholesale market for electricity to ensure that the interests of California’s citizens and consumers are served, protected, and represented in relation to the availability of electric transmission and generation and related costs, during periods of peak demand. (Amended by Stats. 2001, Ch. 766, Sec. 1. Also amended, in identical language, by Stats. 2001, 2nd Ex. Sess., Ch. 16, effective August 8, 2002. Effective January 1, 2002.)
  48. 3350.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 5. Generation Facilities [3350 - 3356] ( Article 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

    Verify source ↗

    When deciding whether additional generation facilities are eligible for financing, the authority must use specified information from the Energy Commission and the Independent System Operator (or their successors).

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 5. Generation Facilities [3350 - 3356] ( Article 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3350. In evaluating the eligibility for financing of additional generation facilities, the authority shall utilize the Energy Commission’s and the Independent System Operator’s, or their successor’s, information relating to the need for additional generating facilities and their forecasts of electric supply and demand for the state. (Amended by Stats. 2002, Ch. 664, Sec. 194. Effective January 1, 2003.)
  49. 3351.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 5. Generation Facilities [3350 - 3356] ( Article 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

    Verify source ↗

    Projects and enterprises financed under this division must supply electricity to California consumers at the cost of generation, including financing costs; they may sell power outside the state only when it is not needed in-state or doing so benefits California consumers, and then only at just and reasonable rates.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 5. Generation Facilities [3350 - 3356] ( Article 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3351. (a) All generation-related projects and enterprises financed pursuant to this division shall provide electricity to the consumers of this state at the cost of generating that electricity, including the costs of financing those projects or enterprises. To the extent that electricity is not needed in the state, or that it is financially advantageous to California consumers, the electricity may be sold outside the state at just and reasonable rates. (b) If a participating party is an electrical corporation, the commission shall determine the cost of generating electricity and to which entities the electricity is sold. (c) If a participating party is a local publicly owned electric utility seeking to provide electricity to consumers in its service territory, the governing board of that utility shall determine the cost of generating electricity and to which entities the electricity is sold. (d) If neither subdivision (b) nor subdivision (c) applies, the authority shall determine the cost of generating electricity and to which entities the electricity is sold, consistent with subdivision (a). (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  50. 3352.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 5. Generation Facilities [3350 - 3356] ( Article 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

    Verify source ↗

    This section says the authority’s activities are meant to supplement private and public power supplies.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 5. Generation Facilities [3350 - 3356] ( Article 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3352. In addition to the other powers provided in this division, the activities of the authority under this article are intended to supplement private and public sector power supplies, taking into account generation facilities in operation or under development as of the effective date of this section, consistent with achieving reasonable energy capacity reserves within five years of the effective date of this division. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  51. 3353.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 5. Generation Facilities [3350 - 3356] ( Article 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

    Verify source ↗

    The authority may receive and act on financial assistance applications from owners of existing powerplants if they commit to expand capacity through retrofits, new construction, or both, and the expansion improves efficiency and environmental performance.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 5. Generation Facilities [3350 - 3356] ( Article 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3353. The authority shall have the authority to receive and act on applications for financial assistance from owners of existing powerplants whose owners or operators commit to undertake capacity expansion through facility retrofits, new construction, or both, that will improve the efficiency and environmental performance of generation facilities. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  52. 3354.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 5. Generation Facilities [3350 - 3356] ( Article 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

    Verify source ↗

    Generation facilities built or improved under this division must comply with the specified Labor Code chapter.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 5. Generation Facilities [3350 - 3356] ( Article 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3354. All generation facilities constructed or improved pursuant to this division shall comply with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  53. 3355.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 5. Generation Facilities [3350 - 3356] ( Article 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

    Verify source ↗

    The authority may not invest in nuclear facilities or develop additional hydroelectric facilities unless it first gets specific statutory authorization for each project.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 5. Generation Facilities [3350 - 3356] ( Article 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3355. The authority may not invest in any nuclear facilities or develop additional hydroelectric facilities without first receiving specific statutory authorization to do so on a project-by-project basis. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  54. 3356.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 5. Generation Facilities [3350 - 3356] ( Article 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

    Verify source ↗

    If the authority finds extra generation supply is needed, it may take steps to develop generation facilities and must follow applicable air quality and Warren-Alquist Act requirements.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 5. Generation Facilities [3350 - 3356] ( Article 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3356. (a) If the authority determines under Section 3350 that additional electric generation supply is required to meet the purposes of this division, the authority may undertake the following activities to ensure that the authority, or any participating party, is able to build, own, and operate generation facilities as part of a least cost electric supply policy: (1) Identify suitable sites for the construction of generation facilities, taking into account fuel supply, interconnection, community, and environmental factors. (2) Secure rights to the sites identified, including, but not limited to, fee simple acquisition, leaseholds, or options. (3) Conduct any studies that may be necessary to construct and operate generation facilities at the site, including, but not limited to, environmental, engineering, or feasibility studies. (4) Conduct, in coordination with the Energy Commission, all applicable public and community involvement processes. (5) Apply for permits, licenses, or other local, state, or federal approvals, including, but not limited to, compliance with the applicable procedures of the Energy Commission. (b) The authority may request proposals from qualified participating parties to purchase, lease, or otherwise acquire sites for the purpose of developing generation facilities that will provide the lowest cost power to consumers over the life of the facilities, consistent with Section 3351. (c) The authority shall comply with all applicable air quality laws and regulations and the Warren-Alquist State Energy Resources Conservation and Development Act (Division 15 (commencing with Section 25000) of the Public Resources Code). (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  55. 336.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. )

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    This section sets the membership, appointment process, voting rules, term lengths, leadership designation, quorum, and reimbursement rules for the Oversight Board.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 336. (a) The five-member Oversight Board shall be comprised as follows: (1) Three members, who are California residents and electricity ratepayers, appointed by the Governor from a list jointly provided by the Energy Commission and the Public Utilities Commission, and subject to confirmation by the Senate. (2) One member of the Assembly appointed by the Speaker of the Assembly. (3) One member of the Senate appointed by the Senate Committee on Rules. (b) Legislative members shall be nonvoting members, however, they are otherwise full members of the board with all rights and privileges pertaining thereto. (c) Oversight Board members shall serve three-year terms with no limit on reappointment. For purposes of the initial appointments set forth in paragraph (1), the Governor shall appoint one member to a one-year term, one to a two-year term, and one to a three-year term. (d) The Governor shall designate one of the voting members as the chairperson of the Oversight Board who shall preside over meetings and direct the executive director in the routine administration of the Oversight Board’s business. The chairperson may designate one of the other voting members to preside over meetings in the absence of the chairperson. (e) Two voting members shall constitute a quorum. Any decision or action of the Oversight Board shall be by majority vote of the voting members. (f) The members of the Oversight Board shall serve without compensation, but shall be reimbursed for all necessary expenses incurred in the performance of their duties. (Amended by Stats. 2019, Ch. 396, Sec. 16. (AB 1513) Effective January 1, 2020.)
  56. 3365.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 6. Renewable Energy and Conservation [3365 - 3367.5] ( Article 6 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    The authority may give loans, up to $1 billion from bond authority, to participating parties, and those parties must use the loans to make consumer and business loans for specified energy-efficiency or renewable-energy purposes.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 6. Renewable Energy and Conservation [3365 - 3367.5] ( Article 6 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3365. The authority may provide loans, utilizing up to one billion dollars ($1,000,000,000) of the bond authority, under terms and conditions approved by the authority, to any participating party, which shall use that loan to make loans available to California consumers and businesses for all of the following purposes: (a) The purchase of consumer appliances and home improvements with electric and gas energy efficiency or renewable energy characteristics, as approved by the Energy Commission, the commission, or a participating local publicly owned electric utility, as applicable. (b) The purchase or lease of business equipment and facility improvements with electric and gas energy efficiency or renewable energy characteristics, as approved by the Energy Commission, the commission, or a participating local publicly owned electric utility, as applicable. (c) Any other electric or natural gas energy conservation program or any program for the use of renewable energy resources, as approved by the Energy Commission, the commission, or a participating local publicly owned electric utility, as applicable. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  57. 3366.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 6. Renewable Energy and Conservation [3365 - 3367.5] ( Article 6 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    A participating party receiving a loan under Section 3365 must run a marketing program informing consumers about the available financial assistance programs and provide security for repayment.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 6. Renewable Energy and Conservation [3365 - 3367.5] ( Article 6 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3366. As a condition of receipt of a loan pursuant to Section 3365, a participating party shall be required to conduct a comprehensive marketing program that makes consumers aware of the availability of these financial assistance programs, and to provide appropriate security for repayment of the loan, including, without limitation, a pledge to the authority of consumer and business loan repayments collected through utility bills, as applicable and a certification that the duration of a loan will not exceed the useful life of a purchase. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  58. 3367.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 6. Renewable Energy and Conservation [3365 - 3367.5] ( Article 6 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

    Verify source ↗

    The authority must require certification that loan-financed equipment or improvements have been installed or completed.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 6. Renewable Energy and Conservation [3365 - 3367.5] ( Article 6 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3367. The authority shall require that any equipment or improvement financed by a loan made pursuant to this article shall be certified as having been installed or completed. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  59. 3367.5.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 6. Renewable Energy and Conservation [3365 - 3367.5] ( Article 6 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    The authority may require a participating party to use a consumer protection plan to screen qualified contractors serving consumers under this article.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 6. Renewable Energy and Conservation [3365 - 3367.5] ( Article 6 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3367.5. The authority may require that a participating party utilize a consumer protection plan for screening qualified contractors who serve consumers under this article. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  60. 3369.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 8. Energy Resource Investment Plan [3369- 3369.] ( Article 8 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    The authority must develop and submit an Energy Resource Investment Plan within 180 days, and the plan must address California’s energy needs, costs, reliability, and implementation.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 8. Energy Resource Investment Plan [3369- 3369.] ( Article 8 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3369. (a) Within 180 days of the effective date of this division, the authority, in consultation with the Energy Commission and the Independent System Operator, shall develop an Energy Resource Investment Plan and submit that plan to the Governor and the Joint Legislative Budget Committee and the chairs of the policy committees with jurisdiction over energy policy in the State of California. (b) The Energy Resource Investment Plan shall take into account California’s anticipated energy service needs for both electricity and natural gas over the next decade. The plan shall address issues regarding adequacy of supply, storage, reliability of service, grid congestion, and environmental quality. In developing the investment plan, the authority shall compare the costs of various energy resources, including a comparison of the costs and benefits of demand reduction strategies with the costs and benefits of additional generation supply. The plan shall acknowledge the potential volatility of fossil fuel prices and the value of resources that avoid that price risk. (c) The plan shall outline a strategy for cost-effective energy resource investments, using the financing powers provided to the authority by this division. The plan may recommend changes to the specific expenditure authority granted in this division in order to carry out the investment strategy contained in the plan. (d) The plan shall be developed with input from interested parties at scheduled public hearings of the authority. The authority should adopt the plan by majority vote of the board at a public meeting. The authority shall update the plan on a regular basis as determined by the authority. (e) All investments made by the authority under this division shall be consistent with the strategy outlined in the Energy Resource Investment Plan. Nothing in this section shall preclude the authority from exercising its powers prior to the adoption of the initial Energy Resource Investment Plan. (f) The authority shall be the agency responsible for ensuring that the investment strategy outlined in the Energy Resource Investment Plan is implemented. To that end, the authority may, on its own or through a partnership with a participating party, make those investments necessary to ensure that the plan is implemented. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  61. 3369.5.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 9. Agencies Relation to Other State Energy Oversight [3369.5- 3369.5.] ( Article 9 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    The Governor may propose a Governmental Reorganization Plan to the Legislature to change or consolidate other state energy oversight agencies’ roles, functions, and duties when appropriate.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 3. The California Consumer Power and Conservation Financing Authority [3320 - 3369.5] ( Chapter 3 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## ARTICLE 9. Agencies Relation to Other State Energy Oversight [3369.5- 3369.5.] ( Article 9 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3369.5. Nothing in this division shall be construed to obviate the need to review the roles, functions, and duties of other state energy oversight agencies and, where appropriate, change or consolidate those roles, functions, and duties. To achieve that efficiency, the Governor may propose to the Legislature a Governmental Reorganization Plan, pursuant to Section 8523 of the Government Code and Section 6 of Article V of the Constitution. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  62. 337.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. )

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    This section sets up a five-member Independent System Operator governing board, requires Senate confirmation, bars members from affiliating with market participants, sets three-year terms, and directs the Oversight Board to require amendments and make necessary FERC filings.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 337. (a) The Independent System Operator governing board shall comprise a five-member independent governing board of directors appointed by the Governor and subject to confirmation by the Senate. Any reference in this chapter or in any other provision of law to the Independent System Operator governing board means the independent governing board appointed under this subdivision. (b) A member of the independent governing board appointed under subdivision (a) may not be affiliated with any actual or potential participant in any market administered by the Independent System Operator. (c) (1) All appointments shall be for three-year terms. (2) There is no limit on the number of terms that may be served by any member. (d) The Oversight Board shall require the articles of incorporation and bylaws of the Independent System Operator to be revised in accordance with this section, and shall make filings with the Federal Energy Regulatory Commission as the Oversight Board determines to be necessary. (e) For purposes of the initial appointments to the Independent System Operator governing board, as provided in subdivision (a), the Governor shall appoint one member to a one-year term, two members to a two-year term, and two members to a three-year term. (Amended by Stats. 2025, Ch. 116, Sec. 1. (AB 825) Effective January 1, 2026.)
  63. 3370.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 4. California Consumer Power and Conservation Financing Authority Fund [3370- 3370.] ( Chapter 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    The authority may create and manage a fund, use its money for authorized costs, borrow or receive money for reserves, pledge fund money for bonds, and direct investments or transfers of fund money.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 4. California Consumer Power and Conservation Financing Authority Fund [3370- 3370.] ( Chapter 4 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3370. (a) There is hereby created in the State Treasury the California Consumer Power and Conservation Financing Authority Fund for expenditure by the authority for the purpose of implementing the objectives and provisions of this division. For the purposes of subdivision (e), or as necessary or convenient to the accomplishment of any other purpose of the authority, the authority may establish within the fund additional and separate accounts and subaccounts. (b) The assets of the fund shall be available for the payment of the salaries and other expenses charged against it in accordance with this division. (c) Except as provided under Section 3345, all moneys in the fund that are not General Fund moneys are continuously appropriated to the authority and may be used for any reasonable costs which may be incurred by the authority in the exercise of its powers under this division. (d) The fund, on behalf of the authority, may borrow or receive moneys from the authority, or from any federal, state, or local agency or private entity, to create reserves in the fund as provided in this division and as authorized by the board. (e) The authority may pledge any or all of the moneys in the fund (including in any account or subaccount) as security for payment of the principal of, and interest on, any particular issuance of bonds issued pursuant to this division. (f) The authority, may, from time to time, direct the Treasurer to invest moneys in the fund that are not required for the authority’s current needs, including proceeds from the sale of any bonds, in any securities permitted by law as the authority shall designate. The authority also may direct the Treasurer to deposit moneys in interest-bearing accounts in state or national banks or other financial institutions having principal offices in this state. The authority may alternatively require the transfer of moneys in the fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of the Government Code. All interest or other increment resulting from an investment or deposit shall be deposited in the fund, notwithstanding Section 16305.7 of the Government Code. Moneys in the fund shall not be subject to transfer to any other fund pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of the Government Code, excepting the Surplus Money Investment Fund. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  64. 338.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The Oversight Board has exclusive power to approve the procedures and qualifications for certain Power Exchange governing board members, and those members must be electricity customers in the Power Exchange area.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 338. The Oversight Board shall have the exclusive right to approve procedures and the qualifications for Power Exchange governing board members specified in subdivision (d) of Section 335, all of whom shall be required to be electricity customers in the area served by the Power Exchange. The Power Exchange governing board shall include, but not be limited to, representatives of investor-owned electric distribution companies, publicly owned electric distribution companies, nonutility generators, public buyers and sellers, private buyers and sellers, industrial end-users, commercial end-users, residential end-users, agricultural end-users, public interest groups, and nonmarket participant representatives. The structural composition of the Power Exchange governing board existing on July 1, 1999, shall remain in effect until an agreement with a participating state is legally in effect. However, prior to such an agreement, California shall retain the right to change the Power Exchange governing board into a nonstakeholder board. In the event of such a legislative change, revised bylaws shall be filed with the Federal Energy Regulatory Commission under Section 205 of the Federal Power Act (16 U.S.C.A. Sec. 824d). (Amended by Stats. 1999, Ch. 510, Sec. 3. Effective January 1, 2000.)
  65. 3380.1.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 5. Bonds [3380.1 - 3383] ( Chapter 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    The authority may borrow money and issue securities, including through public or private sales by the Treasurer, if the debt is payable only from revenues.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 5. Bonds [3380.1 - 3383] ( Chapter 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3380.1. For purposes of this division, the authority may incur indebtedness and issue securities of any kind or class, at public or private sale by the Treasurer, and to renew the same, if all such indebtedness, howsoever evidenced, shall be payable solely from revenues. (Amended by Stats. 2025, Ch. 119, Sec. 49. (SB 254) Effective September 19, 2025.)
  66. 3380.2.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 5. Bonds [3380.1 - 3383] ( Chapter 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    The authority may issue and manage bonds, use revenues to secure them, hire advisers, refund or buy back bonds, and seek financial assistance.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 5. Bonds [3380.1 - 3383] ( Chapter 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3380.2. In connection with the issuance of bonds, in addition to the powers otherwise provided in this division, the authority may do all of the following: (a) Issue, from time to time, bonds payable from and secured by a pledge of all or any part of the revenues in order to finance the activities authorized by this division, including, without limitation, an enterprise or multiple enterprises, a single project for a single participating party, a series of projects for a single participating party, a single project for several participating parties, or several projects for several participating parties, and to sell those bonds at public or private sale by the Treasurer, in the form and on those terms and conditions as the Treasurer, as agent for sale, shall approve. (b) Pledge all or any part of the revenues to secure bonds and any repayment or reimbursement obligations of the authority to any provider of insurance or a guarantee of liquidity or credit facility entered into to provide for the payment or debt service on any bond. (c) Employ and compensate bond counsel, financial consultants, underwriters, and other advisers determined necessary and appointed by the Treasurer in connection with the issuance and sale of any bond. (d) Issue bonds to refund or purchase or otherwise acquire bonds on terms and conditions as the Treasurer, as agent for sale, shall approve. (e) Perform all acts that relate to the function and purpose of the authority under this division, whether or not specifically designated in this chapter. (f) Seek financial assistance from any entity eligible to access the California Transmission Accelerator Revolving Fund pursuant to Article 10.5 (commencing with Section 63049.71) of Chapter 2 of Division 1 of Title 6.7 of the Government Code. (Amended by Stats. 2025, Ch. 119, Sec. 50. (SB 254) Effective September 19, 2025.)
  67. 3381.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 5. Bonds [3380.1 - 3383] ( Chapter 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    Authority bonds are treated as lawful investments for specified funds and may also be deposited with certain public officers and agencies as allowed by law.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 5. Bonds [3380.1 - 3383] ( Chapter 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3381. Bonds issued by the authority are legal investments for all trust funds, the funds of all insurance companies, banks, both commercial and savings, trust companies, executors, administrators, trustees, and other fiduciaries, for state school funds, pension funds, and for any funds that may be invested in county, school, or municipal bonds. The bonds issued under this division are securities that may legally be deposited with, and received by, any state or municipal officer or agency or political subdivision of the state, including, without limitation, local agencies, schools, and pension funds, for any purpose for which the deposit of bonds or obligations of the state is now, or may hereafter be, authorized by law, including deposits to secure public funds. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  68. 3382.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 5. Bonds [3380.1 - 3383] ( Chapter 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    The authority may borrow from the Pooled Money Investment Account, subject to the cited Government Code sections and negotiated terms with the Pooled Money Investment Board.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 5. Bonds [3380.1 - 3383] ( Chapter 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3382. The authority is authorized to obtain loans from the Pooled Money Investment Account pursuant to Sections 16312 and 16313 of the Government Code. These loans shall be subject to the terms negotiated with the Pooled Money Investment Board, including, but not limited to, a pledge of authority bond proceeds or revenues. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  69. 3383.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 5. Bonds [3380.1 - 3383] ( Chapter 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. )

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    Bonds issued under this division are not state or local debt and must include a disclaimer saying the State of California’s faith and credit or taxing power is not pledged.

    ## Public Utilities Code - PUC ## DIVISION 1.5. CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY ACT [3300 - 3383] ( Division 1.5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## CHAPTER 5. Bonds [3380.1 - 3383] ( Chapter 5 added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. ) ## 3383. Bonds issued under this division shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof, other than the authority, or a pledge of the faith and credit of the state or of any political subdivision, other than the authority, but shall be payable solely from the funds herein provided therefor. All bonds issued under this division shall contain on the face thereof a statement to the following effect: “Neither the faith and credit nor the taxing power of the State of California or any local agency is pledged to the payment of the principal of or interest on this bond.” The issuance of bonds under this division shall not directly or indirectly or contingently obligate the state or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. Nothing in this section shall prevent nor be construed to prevent the authority from pledging its full faith and credit to the payment of bonds or issue of bonds authorized pursuant to this division. (Added by Stats. 2001, 1st Ex. Sess., Ch. 10, Sec. 1. Effective August 13, 2001.)
  70. 339.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The Oversight Board hears appeals from majority decisions of the Independent System Operator governing board on listed matters, and only governing board members may bring those appeals.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 339. (a) The Oversight Board is the appeal board for majority decisions of the Independent System Operator governing board relating to matters that are identified in subdivision (b) as they pertain to the Independent System Operator. (b) The following matters are subject to California’s exclusive jurisdiction: (1) Selections by California of governing board members, as described in Sections 335, 337, and 338. (2) Matters pertaining to retail electric service or retail sales of electric energy. (3) Ensuring that the purposes and functions of the Independent System Operator and Power Exchange are consistent with the purposes and functions of California nonprofit public benefit corporations, including duties of care and conflict of interest standards for directors of the corporations. (4) State functions assigned to the Independent System Operator and Power Exchange under state law. (5) Open meeting standards and meeting notice requirements. (6) Appointment of advisory representatives representing state interests. (7) Public access to corporate records. (8) The amendment of bylaws relevant to these matters. (c) Only members of the Independent System Operator governing board may appeal a majority decision of the Independent System Operator related to any of the matters specified in subdivision (b) to the Oversight Board. (Amended by Stats. 1999, Ch. 510, Sec. 4. Effective January 1, 2000.)
  71. 340.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The Oversight Board must take necessary steps to secure the earliest possible incorporation of the Independent System Operator and the Power Exchange as separate public benefit, nonprofit corporations under the Corporations Code.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 340. The Oversight Board shall take the steps that are necessary to ensure the earliest possible incorporation of the Independent System Operator and the Power Exchange as separately incorporated public benefit, nonprofit corporations under the Corporations Code. (Added by Stats. 1996, Ch. 854, Sec. 10. Effective September 24, 1996.)
  72. 3400.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 1. Preliminary Matters [3400 - 3402] ( Chapter 1 added by Stats. 2020, Ch. 27, Sec. 12. )

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    This division may be cited as the Golden State Energy Act.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 1. Preliminary Matters [3400 - 3402] ( Chapter 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3400. This division shall be known, and may be cited, as the Golden State Energy Act. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  73. 3401.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 1. Preliminary Matters [3400 - 3402] ( Chapter 1 added by Stats. 2020, Ch. 27, Sec. 12. )

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    This section states the Legislature’s findings and intent about California energy service and what should happen if Pacific Gas and Electric Company does not emerge from bankruptcy as a transformed utility.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 1. Preliminary Matters [3400 - 3402] ( Chapter 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3401. (a) The Legislature finds and declares all of the following: (1) The safe, efficient, and reliable generation, procurement, transmission, distribution, and storage of energy for residents and businesses in California is essential for living and doing business in California. The economic strength and productivity of California and its residents require the availability of energy with which to operate their businesses and live safely in their homes. (2) Californians residing, working, or doing business within Pacific Gas and Electric Company’s service territory deserve to be served by a utility that prioritizes operational safety and efficiency, is prudently managed and soundly financed, and has a capital structure that enables it to make critical safety investments. (3) The Legislature recognizes that Pacific Gas and Electric Company may meet the requirements of Chapter 79 of the Statutes of 2019 and emerge from bankruptcy as a transformed utility that is positioned to provide Californians with access to safe, reliable, and affordable service. (4) The purpose of this division is to ensure that if Pacific Gas and Electric Company fails to emerge from bankruptcy as a transformed utility, then Golden State Energy is duly empowered to serve in that critical role. (b) It is the intent of the Legislature that Golden State Energy act pursuant to this division only in the event that a transformed utility does not emerge from the bankruptcy or the transformed utility fails to meet its duty to provide safe, reliable, and affordable energy services. (c) A failure of Pacific Gas and Electric Company to exit bankruptcy will result in a risk to or delay of fair compensation to the victims that have already been waiting years to put their lives back together. It is therefore the intent of the Legislature that, should Pacific Gas and Electric Company not exit its bankruptcy, Golden State Energy be positioned to take over the utility and compensate victims. (d) It is the intent of the Legislature that the commission regulate Golden State Energy as an electrical and gas corporation, except that the commission should recognize its status as a nonprofit public benefit corporation, which does not have shareholders and operates for its customers and for the benefit of the people of California. Due to this difference, it is necessary to establish some alternative procedures for Golden State Energy. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  74. 3402.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 1. Preliminary Matters [3400 - 3402] ( Chapter 1 added by Stats. 2020, Ch. 27, Sec. 12. )

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    The section states the Legislature’s intent for Golden State Energy, if it begins energy operations, to benefit customers, reduce burdens on the state, provide more reliable service with public safety in mind, consider rate impacts, and promote a safe, reliable, clean, affordable utility.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 1. Preliminary Matters [3400 - 3402] ( Chapter 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3402. It is the intent of the Legislature that all of the following occur if Golden State Energy commences energy operations: (a) The operation of Golden State Energy, as the successor to Pacific Gas and Electric Company, will be for the benefit of its customers and will lessen the burdens on the State of California. The purpose of any acquisition of Pacific Gas and Electric Company’s property, including franchise rights and stock, pursuant to this division is to provide more reliable energy services with greater attention on public safety. (b) Golden State Energy should take into account rate impacts on all customer classes and manage its operations to benefit customers throughout its entire service territory. (c) Golden State Energy should manage its operations to best benefit the public that it serves, demonstrating leadership in the delivery of safe, reliable, clean, affordable energy. (d) Golden State Energy should adopt procedures to encourage the election of board members who collectively reflect attributes, expertise, and experience relevant to the operation of a safe and reliable utility. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  75. 341.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The Oversight Board has authority to carry out a broad list of functions, including meeting, contracting, issuing subpoenas, administering oaths, adopting rules, and making recommendations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 341. The Oversight Board may do all of the following: (a) Meet at the times and places it may deem proper. (b) Accept appropriations, grants, or contributions from any public source, private foundation, or individual. (c) Sue and be sued. (d) Contract with state, local, or federal agencies for services or work required by the Oversight Board. (e) Contract for or employ any services or work required by the Oversight Board that in its opinion cannot satisfactorily be performed by its staff or by other state agencies. (f) Appoint advisory committees from members of other public agencies and private groups or individuals. (g) As a body, or on the authorization of the Oversight Board, as a subcommittee composed of one or more members, hold hearings at the times and places it may deem proper. (h) Issue subpoenas to compel the production of books, records, papers, accounts, reports, and documents and the attendance of witnesses. (i) Administer oaths. (j) Adopt or amend rules and regulations to carry out the purposes and provisions of this chapter, and to govern the procedures of the Oversight Board. (k) Exercise any authority consistent with this chapter delegated to it by a federal agency or authorized to it by federal law. (l) Make recommendations to the Governor and the Legislature at the time or times the Oversight Board deems necessary. (m) Participate in proceedings relevant to the purposes of this chapter or to the purposes of Division 4.9 (commencing with Section 9600) or, as part of any coordinated effort by the state, participate in activities to promote the formation of interstate agreements to enhance the reliability and function of the electricity system and the electricity market. (n) Do any and all other things necessary to carry out the purposes of this chapter. (Added by Stats. 1997, Ch. 261, Sec. 3. Effective January 1, 1998.)
  76. 341.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. )

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    Regulations adopted within 120 days of this section’s effective date may be adopted as emergency regulations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 341.1. Regulations adopted within 120 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, and for the 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. 1997, Ch. 261, Sec. 4. Effective January 1, 1998.)
  77. 341.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The Oversight Board’s meetings are subject to the Bagley-Keene Open Meeting Act, and the Board may hold certain closed sessions, but any action on those matters must be voted on in open session.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 341.2. 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) applies to meetings of the Oversight Board. In addition to the allowances of that act, the Oversight Board may hold a closed session to consider the appointment of one or more candidates to the governing board of the Power Exchange, deliberate on matters involving the removal of a member of the governing board of the Power Exchange, or to consider a matter based on information that has received a grant of confidential status pursuant to regulations of the Oversight Board, provided that any action taken on such a matter shall be taken by vote in an open session. (Amended by Stats. 2001, Ch. 766, Sec. 3. Effective January 1, 2002.)
  78. 341.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. )

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    Voting members of the Oversight Board must file financial disclosure statements with the Fair Political Practices Commission, and the appointing authority should not appoint people with conflicts of interest.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 341.3. Voting members of the Oversight Board shall be required to file financial disclosure statements with the Fair Political Practices Commission. The appointing authority for voting members shall avoid appointing persons with conflicts of interest. (Added by Stats. 1997, Ch. 261, Sec. 6. Effective January 1, 1998.)
  79. 341.4.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The Oversight Board must appoint an executive director and an attorney, set the executive director’s salary, and the executive director must appoint necessary employees with Oversight Board approval.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 341.4. The Oversight Board shall appoint, and fix the salary of, an executive director who shall have charge of administering the affairs of the Oversight Board, including entering into contracts, subject to the direction and policies of the Oversight Board. Notwithstanding Sections 11042 and 11043 of the Government Code, the Oversight Board shall appoint an attorney who shall advise the Oversight Board and each member and represent the Oversight Board as a party in any state or federal action or proceeding related to the purposes of this chapter or to an action of the Oversight Board and who shall perform generally all the duties of attorney to the Oversight Board. For purposes of this section, the Oversight Board may appoint a person exempt pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution. The executive director shall, in accordance with Article VII of the California Constitution and subject to the approval of the Oversight Board, appoint employees as may be necessary to carry out the Oversight Board’s duties and responsibilities. (Added by Stats. 1997, Ch. 261, Sec. 7. Effective January 1, 1998.)
  80. 341.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The bylaws must include certain jurisdiction statements and filing rules, and FERC must give due respect to California’s jurisdictional interests when acting under the Federal Power Act.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 341.5. (a) The Independent System Operator and Power Exchange bylaws shall contain provisions that identify those matters specified in subdivision (b) of Section 339 as matters within state jurisdiction. The bylaws shall also contain provisions which state that California’s bylaws approval function with respect to the matters specified in subdivision (b) of Section 339 shall not preclude the Federal Energy Regulatory Commission from taking any action necessary to address undue discrimination or other violations of the Federal Power Act (16 U.S.C.A. Sec. 791a et seq.) or to exercise any other commission responsibility under the Federal Power Act. In taking any such action, the Federal Energy Regulatory Commission shall give due respect to California’s jurisdictional interests in the functions of the Independent System Operator and Power Exchange and to attempt to accommodate state interests to the extent those interests are not inconsistent with the Federal Energy Regulatory Commission’s statutory responsibilities. The bylaws shall state that any future agreement regarding the apportionment of the Independent System Operator and Power Exchange board appointment function among participating states associated with the expansion of the Independent System Operator and Power Exchange into multistate entities shall be filed with the Federal Energy Regulatory Commission pursuant to Section 205 of the Federal Power Act (16 U.S.C.A. Sec. 824d). (b) Any necessary bylaw changes to implement the provisions of Section 335, 337, 338, 339, or subdivision (a) of this section, or changes required pursuant to an agreement as contemplated by subdivision (a) of this section with a participating state for a regional organization, shall be effective upon approval of the respective governing boards and the Oversight Board and acceptance for filing by the Federal Energy Regulatory Commission. (Added by Stats. 1999, Ch. 510, Sec. 5. Effective January 1, 2000.)
  81. 3410.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 2. Definitions [3410 - 3418] ( Chapter 2 added by Stats. 2020, Ch. 27, Sec. 12. )

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    The chapter’s definitions control how this division is interpreted, unless the context requires otherwise.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 2. Definitions [3410 - 3418] ( Chapter 2 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3410. Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this division. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  82. 3411.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 2. Definitions [3410 - 3418] ( Chapter 2 added by Stats. 2020, Ch. 27, Sec. 12. )

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    This section defines “Act” as the Golden State Energy Act.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 2. Definitions [3410 - 3418] ( Chapter 2 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3411. “Act” means the Golden State Energy Act. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  83. 3411.5.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 2. Definitions [3410 - 3418] ( Chapter 2 added by Stats. 2020, Ch. 27, Sec. 12. )

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    This section defines “Acquisition of Pacific Gas and Electric Company.”

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 2. Definitions [3410 - 3418] ( Chapter 2 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3411.5. “Acquisition of Pacific Gas and Electric Company” means the acquisition of the property, as defined in Section 1235.170 of the Code of Civil Procedure, including any franchise rights and stock, of Pacific Gas and Electric Company, including by eminent domain. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  84. 3412.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 2. Definitions [3410 - 3418] ( Chapter 2 added by Stats. 2020, Ch. 27, Sec. 12. )

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    “Board” means Golden State Energy’s board of directors described in Part 2.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 2. Definitions [3410 - 3418] ( Chapter 2 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3412. “Board” means Golden State Energy’s board of directors described in Part 2 (commencing with Section 3420). (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  85. 3412.5.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 2. Definitions [3410 - 3418] ( Chapter 2 added by Stats. 2020, Ch. 27, Sec. 12. )

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    This section defines “Decision 20-05-053.”

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 2. Definitions [3410 - 3418] ( Chapter 2 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3412.5. “Decision 20-05-053” means Decision 20-05-053 (May 28, 2019) Decision Approving Reorganization Plan in Investigation 19-09-016 (September 26, 2019) Order Instituting Investigation on the Commission’s Own Motion to Consider the Ratemaking and Other Implications of a Proposed Plan for Resolution of Voluntary Case filed by Pacific Gas and Electric Company Pursuant to Chapter 11 of the Bankruptcy Code, in the United States Bankruptcy Court, Northern District of California, San Francisco Division, In re Pacific Gas and Electric Corporation and Pacific Gas and Electric Company, Case No. 19-30088. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  86. 3415.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 2. Definitions [3410 - 3418] ( Chapter 2 added by Stats. 2020, Ch. 27, Sec. 12. )

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    This section defines “indebtedness” for Golden State Energy.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 2. Definitions [3410 - 3418] ( Chapter 2 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3415. “Indebtedness” means bonds, notes, commercial paper, variable rate and variable maturity securities, other obligations, and any other evidences of indebtedness issued by Golden State Energy. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  87. 3416.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 2. Definitions [3410 - 3418] ( Chapter 2 added by Stats. 2020, Ch. 27, Sec. 12. )

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    This section defines “Pacific Gas and Electric Company” for the act.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 2. Definitions [3410 - 3418] ( Chapter 2 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3416. “Pacific Gas and Electric Company” means Pacific Gas and Electric Company, PG&E Corporation, any subsidiary or affiliate of the foregoing holding any assets related to the provision of electrical or gas service within Pacific Gas and Electric Company’s service territory, and any successor to any of the foregoing. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  88. 3417.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 2. Definitions [3410 - 3418] ( Chapter 2 added by Stats. 2020, Ch. 27, Sec. 12. )

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    This section defines “Pacific Gas and Electric Company’s service territory” as the company’s service territory boundaries and specifications as of the closing of the acquisition.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 2. Definitions [3410 - 3418] ( Chapter 2 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3417. “Pacific Gas and Electric Company’s service territory” means the boundaries and specifications of the company’s service territory on the date of the closing of the acquisition of Pacific Gas and Electric Company. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  89. 3418.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 2. Definitions [3410 - 3418] ( Chapter 2 added by Stats. 2020, Ch. 27, Sec. 12. )

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    This section defines “Wildfire Fund” as the Wildfire Fund created under Section 3284.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 1. General Provisions [3400 - 3418] ( Part 1 added by Stats. 2020, Ch. 27, Sec. 12. ) ## CHAPTER 2. Definitions [3410 - 3418] ( Chapter 2 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3418. “Wildfire Fund” means the Wildfire Fund created pursuant to Section 3284. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  90. 3420.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 2. Golden State Energy Board Governance [3420- 3420.] ( Part 2 added by Stats. 2020, Ch. 27, Sec. 12. )

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    The Governor or designee may incorporate Golden State Energy, and the initial board must set up and amend bylaws for board transition, governance standards, and public access requirements.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 2. Golden State Energy Board Governance [3420- 3420.] ( Part 2 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3420. (a) The Governor, or the Governor’s designee, may incorporate Golden State Energy as a nonprofit public benefit corporation pursuant to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code) for the purpose of owning, controlling, operating, or managing electrical and gas services for its ratepayers and for the benefit of all Californians. (b) (1) Golden State Energy’s initial board of directors shall consist of nine members. (2) (A) The initial board members shall be appointed as follows: five members appointed by the Governor, two members appointed by the Senate Committee on Rules, and two members appointed by the Speaker of the Assembly. (B) Of the initial board members, one appointee from each of the appointing authorities shall initially serve a two-year term, three appointees by the Governor shall initially serve four-year terms, and one appointee from each of the appointing authorities shall initially serve a six-year term. (3) (A) The initial board of directors shall amend Golden State Energy’s bylaws to include procedures for the transition to a board consisting of three appointed members, with one member appointed by each of the appointing authorities specified in paragraph (2), who shall serve four-year terms, and six members elected by Golden State Energy’s customers, who shall serve a maximum of six-year terms. The procedures for the transition shall provide for the following: (i) The initial board members serving the two-year term shall be replaced by elected members. (ii) The initial board members serving the four-year term shall be replaced by elected members. (iii) The initial board members serving the six-year term shall be replaced by appointed members, with one member appointed by each of the appointing authorities. The appointing authority may reappoint a board member whose term has expired. (B) Election procedures adopted by the initial board shall include all of the following: (i) Nomination of members for election to the board shall be based on a matrix of skills, including the following expertise and experience: (I) Wildfire safety, preparedness, prevention, mitigation, response, or recovery. (II) Workforce safety and safety culture. (III) Nuclear generation safety. (IV) Leadership in the energy or utility industry. (V) Utility operations and engineering. (VI) Innovation and technology in renewable energy. (VII) Risk management, including enterprise risk management. (VIII) Climate change mitigation or climate resilience. (IX) Financial performance and planning. (X) Legal, regulatory, or government experience related to utilities. (XI) Audit. (XII) Corporate governance or executive compensation. (XIII) Labor relations. (XIV) Large-scale customer experience. (XV) Utility board experience. (ii) Measures to maximize board member diversity and the selection of California residents located in the service territory of Golden State Energy. (iii) Selection by the board, or a committee of the board, of a slate of candidates for election that shall include no less than two candidates for each open board seat using search firms to identify, evaluate, and recommend the most qualified candidates for election. (iv) Incorporation of stakeholder input into the board selection process. (C) All elected or appointed members of the board, including those appointed pursuant to paragraph (2), shall be free of conflicts of interest that violate state law or the by-laws of Golden State Energy, and shall have demonstrated expertise or experience in one or more of the areas listed in subclauses (I) to (XV), inclusive, of clause (i) of subparagraph (B). (4) The initial board of directors shall amend Golden State Energy’s bylaws to include provisions that do all of the following: (A) Ensure that the purposes and functions of Golden State Energy are consistent with the purposes and functions of nonprofit, public benefit corporations in the state, including duties of care and conflict-of-interest standards for officers and board members of a corporation. (B) Maintain open meeting standards and meeting notice requirements consistent with the general policies of 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) and affording the public the greatest possible access, consistent with other duties of the corporation. (C) Provide public access to corporate records consistent with the general policies of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and affording the public the greatest possible access, consistent with the other duties of the corporation. (5) Upon the adoption or amendment of Golden State Energy’s bylaws, the board shall submit the adopted or amended bylaws to the Governor, the Legislature, and the commission. (Amended by Stats. 2022, Ch. 28, Sec. 144. (SB 1380) Effective January 1, 2023.)
  91. 343.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The Attorney General must represent the Department of Finance and may use the Electricity Oversight Board’s rights and powers for certain litigation or settlements tied to ratepayer recovery from the 2000–02 energy crisis.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 2. Oversight Board [334 - 343] ( Article 2 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 343. (a) The Attorney General shall represent the Department of Finance and shall succeed to, and may exercise, all rights, claims, powers, and entitlements of the Electricity Oversight Board in any litigation or settlement to obtain ratepayer recovery for the effects of the 2000–02 energy crisis. This section does not require the Attorney General to litigate any claim, or take any other action, as successor to the Electricity Oversight Board. (b) The Attorney General shall not distribute or expend the proceeds of any settlements of claims described in subdivision (a), except in accordance with Article 9.5 (commencing with Section 16428.1) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code and Division 27 (commencing with Section 80000) of the Water Code. (c) The Attorney General shall not distribute or expend the proceeds of any settlements of claims allocated to the Electricity Oversight Board. (Added by Stats. 2019, Ch. 150, Sec. 2. (SB 506) Effective January 1, 2020.)
  92. 3430.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 3. Golden State Energy Regulation and Oversight [3430 - 3435] ( Part 3 added by Stats. 2020, Ch. 27, Sec. 12. )

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    Golden State Energy is treated as a nonprofit public benefit corporation and as an electrical and gas corporation for applicable law and commission oversight, except where this division says otherwise.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 3. Golden State Energy Regulation and Oversight [3430 - 3435] ( Part 3 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3430. (a) Except as otherwise provided in this division, the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code) shall apply to Golden State Energy, and Golden State Energy shall have all the powers of a nonprofit public benefit corporation formed pursuant to that part. (b) Golden State Energy is an electrical corporation and gas corporation subject to all statutory provisions and the regulatory authority of the commission applicable to electrical or gas corporations, except as otherwise provided in this division. (c) Insofar as this division is inconsistent with any other law, including the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code), this division shall prevail. (d) Insofar as there is overlap in the application of oversight authority over Golden State Energy, including between the commission and the Attorney General, the commission’s authority shall prevail. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  93. 3432.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 3. Golden State Energy Regulation and Oversight [3430 - 3435] ( Part 3 added by Stats. 2020, Ch. 27, Sec. 12. )

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    Golden State Energy is exempt from specified Attorney General supervisory powers and does not have to give notice to the Attorney General under the Nonprofit Public Benefit Corporation Law.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 3. Golden State Energy Regulation and Oversight [3430 - 3435] ( Part 3 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3432. (a) Golden State Energy shall be exempt from the Attorney General’s supervisory authority described in each of the following provisions: (1) Paragraph (5) of subdivision (a) of Section 5142 of the Corporations Code. (2) Section 5250 of the Corporations Code. (3) Section 5813.5 of the Corporations Code. (4) Section 5913 of the Corporations Code. (5) Section 6010 of the Corporations Code. (6) Chapter 15 (commencing with Section 6510) of Part 2 of Division 2 of Title 1 of the Corporations Code. (7) Chapter 16 (commencing with Section 6610) of Part 2 of Division 2 of Title 1 of the Corporations Code. (8) The Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code). (b) Golden State Energy shall not be required to give notice to the Attorney General pursuant to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code). (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  94. 3433.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 3. Golden State Energy Regulation and Oversight [3430 - 3435] ( Part 3 added by Stats. 2020, Ch. 27, Sec. 12. )

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    Some people with voting rights under Golden State Energy’s articles or bylaws are not members unless the articles or bylaws specifically name them as members.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 3. Golden State Energy Regulation and Oversight [3430 - 3435] ( Part 3 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3433. A person who, pursuant to a specific provision of Golden State Energy’s articles or bylaws, has the right to vote for the election of a director, on a disposition of all or substantially all of the assets of a corporation, on a merger, or on a dissolution, shall not be a member of Golden State Energy for purposes of the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code), unless the articles or bylaws designate the person as a member. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  95. 3434.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 3. Golden State Energy Regulation and Oversight [3430 - 3435] ( Part 3 added by Stats. 2020, Ch. 27, Sec. 12. )

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    Golden State Energy may issue debt for the PG&E acquisition, but it must seek commission authority first and follow several filing, revenue-requirement, and review requirements.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 3. Golden State Energy Regulation and Oversight [3430 - 3435] ( Part 3 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3434. (a) In addition to the purposes described in Section 817, Golden State Energy may issue debt to facilitate the acquisition of Pacific Gas and Electric Company consistent with this section. (b) Golden State Energy may provide a rate covenant to all of its debt holders, including holders of debt issued to facilitate the acquisition of Pacific Gas and Electric Company. (c) Before issuing debt pursuant to this section, Golden State Energy shall submit an application to the commission for the authority to do so pursuant to Section 818. Notwithstanding Section 819, with respect to debt issued to facilitate the acquisition of Pacific Gas and Electric Company, the commission shall issue an order resolving the application within 100 days of the application’s submittal. Notwithstanding subdivision (d) of Section 311 and any other law, with respect to debt issued to facilitate the acquisition of Pacific Gas and Electric Company, the commission may issue an order resolving the application not sooner than 15 days following the filing and service of the proposed decision by the assigned commissioner or the administrative law judge or the filing of any alternate decision pursuant to Section 311. (d) Pursuant to the rate covenant, in each general rate case or attrition year adjustment application, Golden State Energy shall apply for a revenue requirement sufficient to do all of the following: (1) Pay for operations and maintenance costs, and administrative and general expenses. (2) Service debt and satisfy any debt service coverage margin associated with the rate covenant’s requirements for debt, or for the refinancing of that debt, (A) issued to fund the formation of Golden State Energy and to acquire Pacific Gas and Electric Company, (B) issued by Golden State Energy between the acquisition of Pacific Gas and Electric Company and the approval of Golden State Energy’s first general rate case application, and (C) approved by the commission pursuant to a general rate case application filed by Golden State Energy, including for compliance with the regulatory requirements described in subdivision (f). (3) Pay the costs of commission approved capital expenditures not funded from debt. (4) Fund and maintain necessary financial and operating reserves. (e) Concurrent with each general rate case or attrition year application, Golden State Energy shall file with the commission a debt issuance and retirement forecast summarizing the prospective estimated necessary debt issuance and estimated debt repayment during the term of the general rate case and the additional revenue requirement necessary to meet the rate covenant’s requirements taking into account any additional debt issuance and repayment. (f) In each Golden State Energy general rate case or attrition year adjustment, the commission shall do both of the following: (1) Consider, modify if necessary, and adopt a revenue requirement adequate to furnish and maintain efficient, just and reasonable service, instrumentalities, equipment, and facilities to promote the safety, health, comfort, and convenience of its customers, employees, and the public. The commission shall only approve just and reasonable rates; however, in no event shall the commission set the revenue requirement below the amount necessary to satisfy the rate covenant’s requirements. (2) Authorize Golden State Energy to issue debt as necessary to maintain and operate its assets consistent with the revenue requirement approved by the commission for the applicable period of the general rate case. (g) (1) No later than 45 days after (A) the earliest occurrence of a material bankruptcy event described in paragraph (2), (B) the commission determines that Pacific Gas and Electric Company’s certificate of public convenience and necessity for the provision of electrical or gas service should be revoked pursuant to any processes or procedures adopted by the commission in its Decision 20-05-053, or (C) the initiation by Pacific Gas and Electric Company of a sale process for its assets or stock, the commission shall initiate a proceeding to modify the rules and processes that apply to Pacific Gas and Electric Company as necessary to reflect the differences in Golden State Energy’s capital structure to ensure continued regulation of rates, electrical and gas safety, wildfire mitigation, climate change mitigation and adaption, public purpose programs, and any other commission requirements applicable to an electrical corporation or gas corporation. (2) For purposes of this subdivision, each of the following is a material bankruptcy event: (A) Termination of “Tort Claimants Committee Restructuring Support Agreement” (as amended) (Case 19-30088; Document No. 5143-1 (entered December 16, 2019)). (B) Termination of “Noteholder Restructuring Support Agreement” (Case 19-30088; Document No. 5519-1 (entered January 27, 2020)). (C) Denial of confirmation of “Debtors’ and Shareholder Proponents’ Joint Chapter 11 Plan of Reorganization Dated March 16, 2020” (Case 19-30088; Document No. 6320 (entered March 16, 2020)). (D) Failure to confirm on or before June 30, 2020, a plan for Pacific Gas and Electric Company to exit bankruptcy. (E) Failure of the confirmed plan for Pacific Gas and Electric Company to exit bankruptcy to become effective on or before September 30, 2020. (F) The termination of plan proposal’s exclusivity period for any party other than the debtors. (G) The filing of a plan for Pacific Gas and Electric Company to exit bankruptcy by any party other than the debtors. (H) The appointment of a trustee, conversion to a case under Chapter 7 (commencing with Section 701) of the United State Bankruptcy Code (Title 11 of the United States Code), or dismissal of the bankruptcy cases. (h) (1) Following the closing of the acquisition of Pacific Gas and Electric Company by Golden State Energy, the general rate case revenue requirement in effect for Pacific Gas and Electric Company on the date of the closing of the acquisition shall remain in effect until the revenue requirement is modified pursuant to this section. (2) The test year for the initial general rate case proceeding for Golden State Energy shall occur no sooner than three years from the date of the closing of the acquisition of Pacific Gas and Electric Company. (3) During the interim period between the closing of the acquisition of Pacific Gas and Electric Company and the commission’s adoption of a new general rate case revenue requirement in a general rate case proceeding pursuant to paragraph (2), both of the following may occur. (A) The commission shall direct Golden State Energy to file for attrition year adjustment of the existing revenue requirement. (B) Golden State Energy may make interim modifications to the existing revenue requirement to satisfy the rate covenant, including factoring in capital expenses, debt issuances, operation and maintenance of the utility, funding reserves, and working capital needs and collection of amounts recorded in balancing accounts after the date of the acquisition of Pacific Gas and Electric by Golden State Energy. Any interim modifications to the revenue requirement shall be subject to approval of and prospective modification by the commission consistent with subdivision (f). Golden State Energy shall file an application for review of any interim modifications to its revenue requirement concurrently with the implementation of such modification. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  96. 3435.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 3. Golden State Energy Regulation and Oversight [3430 - 3435] ( Part 3 added by Stats. 2020, Ch. 27, Sec. 12. )

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    Golden State Energy must follow Decision 20-05-053’s safety-governance requirements after acquiring Pacific Gas and Electric Company, until it has an approved safety plan.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 3. Golden State Energy Regulation and Oversight [3430 - 3435] ( Part 3 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3435. Until Golden State Energy adopts a plan to address organizational and governing issues related to safety that is approved by the commission, upon the acquisition of Pacific Gas and Electric Company, Golden State Energy shall comply with provisions set forth in Decision 20-05-053 related to all of the following: (a) The establishment of an executive-level Chief Risk Officer and an executive-level Chief Safety Officer. (b) The appointment of an independent safety adviser. (c) The appointment of regional executive officers to manage specified regions of the service territory of Golden State Energy. (d) The continuation of the safety and nuclear oversight committees. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  97. 3440.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 4. GOLDEN STATE ENERGY FINANCING POWER [3440 - 3446] ( Part 4 added by Stats. 2020, Ch. 27, Sec. 12. )

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    Golden State Energy is exempt from certain franchise, corporate income, and state income taxes, but qualifying property used exclusively for its purposes is not exempt under specified property-tax provisions.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 4. GOLDEN STATE ENERGY FINANCING POWER [3440 - 3446] ( Part 4 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3440. (a) Golden State Energy shall be exempt from franchise and corporate income tax pursuant to Section 23701 of the Revenue and Taxation Code. Indebtedness issued by Golden State Energy and any transfer thereof shall be exempt from income taxation of every kind by the state. (b) Property used exclusively by Golden State Energy in carrying out its purposes in Section 3402 shall not be exempt from taxation under subdivision (b) of Section 4 of, and Section 5 of, Article XIII of the California Constitution and Section 214 of the Revenue and Taxation Code. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  98. 3442.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 4. GOLDEN STATE ENERGY FINANCING POWER [3440 - 3446] ( Part 4 added by Stats. 2020, Ch. 27, Sec. 12. )

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    Golden State Energy debt is not state debt, must be paid only from available funds, and cannot force the state or local governments to tax or appropriate money for repayment.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 4. GOLDEN STATE ENERGY FINANCING POWER [3440 - 3446] ( Part 4 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3442. (a) Golden State Energy indebtedness shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof, or a pledge of the faith and credit of the state or of any political subdivision of the state. (b) Golden State Energy indebtedness shall be payable solely from the funds available to it. (c) The issuance of indebtedness shall not directly, indirectly, or contingently obligate the state or any other political subdivision of the state to levy or pledge any form of taxation or to make any appropriation for its repayment. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  99. 3444.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 4. GOLDEN STATE ENERGY FINANCING POWER [3440 - 3446] ( Part 4 added by Stats. 2020, Ch. 27, Sec. 12. )

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    Chapter 9 of the Government Code does not apply to bonds or other indebtedness issued for Golden State Energy’s benefit, and Golden State Energy may choose and retain private financing-related service providers when it decides that is best for ratepayers.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 4. GOLDEN STATE ENERGY FINANCING POWER [3440 - 3446] ( Part 4 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3444. (a) Chapter 9 (commencing with Section 5700) of Division 6 of Title 1 of the Government Code shall not apply to any bonds or other forms of indebtedness issued for the benefit, or on behalf, of Golden State Energy. (b) Notwithstanding any other law, whenever Golden State Energy deems that it will be in the best interests of its ratepayers, it may exercise an exclusive right to select and retain, or have any conduit issuer issuing bonds or other forms of indebtedness for its benefit or on its behalf select and retain, the services of private entities, including, but not limited to, underwriters, bond counsels, tax counsels, disclosure counsels, financial advisers, bond insurers, or other entities providing risk management services for bonds or other forms of indebtedness issued for its benefit or on its behalf. Payment for any of these private entities may be made out of the proceeds of the sale of the bonds or other forms of indebtedness issued for the benefit, or on behalf, of Golden State Energy. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  100. 3446.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 4. GOLDEN STATE ENERGY FINANCING POWER [3440 - 3446] ( Part 4 added by Stats. 2020, Ch. 27, Sec. 12. )

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    California pledges not to interfere with certain rights tied to Golden State Energy indebtedness while that debt remains outstanding, and Golden State Energy may put that pledge into related documents.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 4. GOLDEN STATE ENERGY FINANCING POWER [3440 - 3446] ( Part 4 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3446. While any indebtedness issued by or on behalf of Golden State Energy remains outstanding, the State of California pledges to the holders of any such indebtedness that the state will not limit or alter the rights vested in Golden State Energy to fulfill the terms of any loan agreement, lease, or other contract with the holders of such indebtedness, or in any way impair the rights or remedies of those holders or of the parties to the related loan agreement, lease, or contract. Golden State Energy may include this pledge in any instrument under which that indebtedness is incurred or issued or other documents entered into in connection with that indebtedness as a covenant for the benefit of the holders thereof. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  101. 345.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The Independent System Operator must ensure efficient and reliable transmission grid operation, and may amend its tariff if needed and if approved by the Federal Energy Regulatory Commission.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 345. (a) The Independent System Operator shall ensure the efficient use and reliable operation of the transmission grid consistent with the achievement of planning and operating reserve criteria that are no less stringent than those established by the Western Electricity Coordinating Council and the North American Electric Reliability Council. (b) In furtherance of subdivision (a), the Independent System Operator may amend its tariff, as deemed necessary and subject to approval by the Federal Energy Regulatory Commission through its rulemaking process, to be consistent with subdivision (a). (Amended by Stats. 2024, Ch. 713, Sec. 2. (AB 2368) Effective January 1, 2025.)
  102. 345.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The chair of the board of governors and the chief executive officer of the Independent System Operator must appear each year before the appropriate policy committees of the Assembly and Senate to present the report required by Section 345.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 345.1. The chair of the board of governors and the chief executive officer of the Independent System Operator shall appear annually before the appropriate policy committees of the Assembly and Senate to present the report required pursuant to Section 345.2. (Added by Stats. 2025, Ch. 116, Sec. 2. (AB 825) Effective January 1, 2026.)
  103. 345.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The Independent System Operator must create, publish, update, submit, and post an annual report with specified information, and it may need related information from an independent regional organization in some cases.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 345.2. (a) The Independent System Operator shall develop, publish, and annually update a report that includes all of the following information: (1) Any changes to its federal tariff sought, and those changes approved, by the Federal Energy Regulatory Commission. (2) The status of policy initiatives and recurring processes considered by the Independent System Operator during the prior year. (3) Actions undertaken by the Independent System Operator governing board and, if applicable, the governing board of an independent regional organization whose electricity market California entities participate in. (4) An assessment of market activity during the prior year by any independent market monitor and, if applicable, independent market analysis maintained by an independent regional organization used by the Independent System Operator. (5) Actions undertaken within the transmission planning process of the Independent System Operator and the implementation of projects approved in that process. (b) If the Independent System Operator uses a voluntary energy market governed by an independent regional organization, that organization shall provide the Independent System Operator with the information required for the report required by this section, as applicable. (c) (1) The Independent System Operator shall submit the report required pursuant to subdivision (a) to the Governor and the Legislature, in compliance with Section 9795 of the Government Code, no later than February 1 of each year. (2) The Independent System Operator shall post the report in a conspicuous area of its internet website and shall have a program to disseminate the information in the report using computer mailing lists to provide regular updates on the information to those members of the public and organizations that request that information. (Added by Stats. 2025, Ch. 116, Sec. 3. (AB 825) Effective January 1, 2026.)
  104. 345.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The Independent System Operator must run its operations and grid management consistently with law, reliability, public safety, cost control, public access, and open-meeting/public-records policies.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 345.5. (a) The Independent System Operator, as a nonprofit, public benefit corporation, shall conduct its operations consistent with applicable state and federal laws and consistent with the interests of the people of the state. (b) To ensure the reliability of electric service and the health and safety of the public, the Independent System Operator shall manage the transmission grid and related energy markets in a manner that is consistent with all of the following: (1) Making the most efficient use of available energy resources. For purposes of this section, “available energy resources” include energy, capacity, ancillary services, and demand bid into markets administered by the Independent System Operator. “Available energy resources” do not include a schedule submitted to the Independent System Operator by an electrical corporation or a local publicly owned electric utility to meet its own customer load. (2) Reducing, to the extent possible, overall economic cost to the state’s consumers. (3) Applicable state law intended to protect the public’s health and the environment. (4) Maximizing availability of existing electric generation resources necessary to meet the needs of the state’s electricity consumers. (5) Conducting internal operations in a manner that minimizes cost impact on ratepayers to the extent practicable and consistent with the provisions of this chapter. (6) Communicating with all balancing area authorities in California in a manner that supports electrical reliability. (c) The Independent System Operator shall do all of the following: (1) Consult and coordinate with appropriate state and local agencies to ensure that the Independent System Operator operates in furtherance of state law regarding consumer and environmental protection. (2) Ensure that the purposes and functions of the Independent System Operator are consistent with the purposes and functions of nonprofit, public benefit corporations in the state, including duties of care and conflict-of-interest standards for officers and directors of a corporation. (3) Maintain open meeting standards and meeting notice requirements consistent with the general policies of 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) and affording the public the greatest possible access, consistent with other duties of the corporation. The Independent System Operator’s Open Meeting Policy, as adopted on April 23, 1998, and in effect as of May 1, 2002, meets the requirements of this paragraph. The Independent System Operator shall maintain a policy that is no less consistent with the Bagley-Keene Open Meeting Act than its policy in effect as of May 1, 2002. (4) Provide public access to corporate records consistent with the general policies of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and affording the public the greatest possible access, consistent with the other duties of the corporation. The Independent System Operator’s Information Availability Policy, as adopted on October 22, 1998, and in effect as of May 1, 2002, meets the requirements of this paragraph. The Independent System Operator shall maintain a policy that is no less consistent with the California Public Records Act than its policy in effect as of May 1, 2002. (Amended by Stats. 2021, Ch. 615, Sec. 395. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  105. 345.6.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. )

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    This section lets the Independent System Operator use an independent regional organization’s energy markets only if detailed conditions are met, and it imposes reporting, study, public process, and withdrawal safeguards.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 345.6. (a) Notwithstanding the requirements related to energy markets in subdivision (b) of Section 345.5, the Independent System Operator and the electrical corporations that are participating transmission owners whose transmission systems are operated by the Independent System Operator may use voluntary energy markets governed by an independent regional organization only if all of the following requirements are satisfied: (1) The independent regional organization is a nonprofit corporation whose governance documents, and the tariff approved by the Federal Energy Regulatory Commission, include a requirement to respect the authority of each state that has a load-serving entity or balancing authority participating in the market to set its own procurement, resource adequacy, environmental, reliability, and other public interest policies and exercise oversight over its regulated entities. (2) The governing board of the independent regional organization maintains a public policy committee consisting of members of the governing board of the independent regional organization that engages with states, local power authorities, and federal power marketing administrations about potential impacts to state, local, or federal policies before it approves a tariff change for filing at the Federal Energy Regulatory Commission. (3) The governing board of the independent regional organization maintains a relationship with and seeks input from a body of state regulators or similar body to receive the views of state regulators. (4) The independent regional organization makes funding available for a consumer advocate organization that represents the interests of one or more consumer advocate offices authorized in state law, including the Public Advocate’s Office of the Public Utilities Commission, and facilitates engagement by those offices with the independent regional organization. (5) The independent regional organization maintains an office of public participation to provide information and education to members of the public about issues and initiatives at the independent regional organization, including facilitating engagement in those processes. (6) In addition to any independent market monitoring activity required by a Federal Energy Regulatory Commission order, the independent regional organization maintains access to independent market analysis for the governing board of the independent regional organization on the impacts of market dynamics or rule changes to minimize overall costs to end-use consumers. (7) Subject to reasonable confidentiality provisions, market data is available to the commission and the Public Advocate’s Office of the Public Utilities Commission, and other states’ commissions and public advocate offices, to the same or greater extent as existed on December 31, 2024, for the markets governed by the Independent System Operator. (8) There is a stakeholder process designed to provide nonbinding advice to the governing board of the independent regional organization. (9) The independent regional organization is obligated to conduct meetings and make decisions in an open process with transparent, documented rationales, and all meetings of the governing board of the independent regional organization are publicly noticed and, excluding executive sessions, are available to remote participants, recorded and posted on the independent regional organization’s internet website, open to the public, and subject to open record requirements. The obligations in this paragraph shall be substantially similar to those that apply to the Independent System Operator at the time a resolution is adopted pursuant to subdivision (b). (10) The Independent System Operator continues to operate the energy markets, subject to the market rules determined by the independent regional organization as accepted by the Federal Energy Regulatory Commission. (11) The market rules of the independent regional organization provide greenhouse gas emissions information and protocols sufficient to enable compliance with the requirements of any state agency. (12) All independent regional organization services are offered on a voluntary basis with each participant retaining its decisionmaking autonomy regarding the extent of its participation. (13) The tariff approved by the Federal Energy Regulatory Commission for the independent regional organization provides a procedure for unilateral withdrawal from the independent regional organization’s energy markets by any participant on their own accord, or as required by an applicable regulatory authority or state statute, with reasonable prior notice and without any penalties, unreasonable costs, or further discretionary approvals. (b) On or after January 1, 2028, the Independent System Operator may implement tariff modifications accepted by the Federal Energy Regulatory Commission to operate the energy markets whose rules are governed by an independent regional organization, as provided in subdivision (a), if the governing board of the Independent System Operator has adopted a resolution finding that each of the requirements of paragraphs (1) to (13), inclusive, of subdivision (a) have been or will be adopted by the independent regional organization. The governing board of the Independent System Operator may adopt the resolution if the Independent System Operator satisfies all of the following requirements before adopting the resolution: (1) The meeting is open to the public, available to remote participants, recorded, and posted on the Independent System Operator’s internet website. (2) The Independent System Operator issues a notice of the meeting and proposed findings not less than 90 days before the meeting. (3) The notice explains the basis for finding that each requirement of paragraphs (1) to (13), inclusive, of subdivision (a) will be met. (4) The notice provides an opportunity for written comments on the proposed findings. (5) The Independent System Operator issues written responses to any comments not less than 20 days before the meeting. (6) After issuing the written responses described in paragraph (5), but before adopting the resolution, the Independent System Operator shall offer to provide testimony to the legislative committee in each house of the Legislature with primary jurisdiction over electrical corporations on its proposed findings and responses and shall provide testimony to hearings of those committees if those committees request testimony. (7) The Independent System Operator receives and accepts written comments from the commission, Public Advocate’s Office, and Energy Commission provided pursuant to paragraph (4) regarding the proposed findings. (c) The commission shall make a determination through a formal decision in an existing or new proceeding that the requirements in subdivisions (a) and (b) have been satisfied before electrical corporations participate in an energy market governed by an independent regional organization. (d) This section does not diminish the commission’s authority to direct an electrical corporation to withdraw from an energy market governed by an independent regional organization. The commission may direct an electrical corporation to withdraw from an energy market governed by an independent regional organization on its own volition through a proceeding or any other commission process, including if the commission identifies any activities of the independent regional organization that would undermine or jeopardize the commission’s authority regarding resource adequacy, integrated resource planning, or procuring resources under Section 380, 454.51, or 454.52. (e) (1) The Independent System Operator shall maintain the necessary technical capability to operate energy markets in a manner that enables California electrical corporations, local publicly owned electric utilities, and other applicable market participants to withdraw from the markets governed by the independent regional organization and instead the Independent System Operator would provide separate market services for those entities. (2) Beginning one year after the implementation of the independent regional organization’s markets, and annually thereafter, the Independent System Operator, in consultation with the independent regional organization, shall report to the commission, Energy Commission, and the legislative committees with primary jurisdiction over electrical corporations, in compliance with Section 9795 of the Government Code, on the status of the development and compliance with this section. (3) The commission and Energy Commission shall review each report required pursuant to paragraph (2) and shall publicly post an acknowledgment to their internet websites that they have reviewed the contents of each report. (f) (1) The Independent System Operator shall conduct a study of the impacts of implementing subdivision (a) on the creation or retention of jobs in California. The study shall specifically include the impact on jobs constructing and maintaining powerplants in California. (2) The Independent System Operator shall host public workshops on the study methodology and the results of the study. (3) The Independent System Operator shall complete the study on or before December 31, 2026. Upon completion, the Independent System Operator shall provide the study to the legislative committee in each house of the Legislature with primary jurisdiction over electrical corporations. (4) The results of the study shall be included in the Independent System Operator’s findings and resolution described in subdivision (b). (5) The study submitted pursuant to paragraph (3) shall be in compliance with Section 9795 of the Government Code. (g) (1) The Independent System Operator shall continue its functions and responsibilities as a balancing authority as they existed before enactment of this section, and maintain compliance with applicable reliability standards as developed, adopted, and enforced by the North American Electric Reliability Corporation, the Western Electricity Coordinating Council, or the Federal Energy Regulatory Commission. (2) The Independent System Operator shall not change its balancing authority area from that which existed on December 31, 2024, except as follows: (A) Standard addition or removal of transmission lines, substations, and other equipment by participating transmission owners or other asset owners. (B) The Independent System Operator may combine its balancing authority area with another California balancing authority if the combination is mutually agreed upon. (C) The Independent System Operator may use its subscriber participating transmission owner tariff. (3) Except as provided in subdivision (a) with respect to managing energy markets as provided in this section, this section does not change the responsibilities of the Independent System Operator under Section 345.5, including managing the transmission grid, planning for transmission expansion, reliability, resource adequacy, and complying with Section 25308 of the Public Resources Code. (h) (1) (A) This section does not change any requirement related to the California Renewables Portfolio Standard Program as provided in Article 16 (commencing with Section 399.11). (B) The independent regional organization is not a California balancing authority. (C) The geographic footprint of the independent regional organization is not a balancing authority area. (2) This section does not change the policy of the state to reach specified targets by specified dates for supplying eligible renewable energy resources and zero-carbon resources as provided in subdivision (a) of Section 454.53. (3) This section does not change the authority of the commission regarding resource adequacy, integrated resource planning, or procuring resources under Section 380, 454.51, 454.52, or any other law. (4) This section does not change the authority of the commission over an electrical corporation’s participation in any additional products or services offered by the independent regional organization and the electrical corporations shall not participate in any additional products and services offered by the independent regional organization unless authorized by the commission. (i) The Independent System Operator may act as a vendor, through a contract with the independent regional organization, of market operation services, generation dispatch services, transmission operation services, transmission planning services, reliability coordination, balancing authority compliance or operation services, or other electrical system services. (j) This section does not prohibit the independent regional organization from offering additional products or services on a voluntary basis, including, but not limited to, cooptimization of ancillary services, administration of a resource adequacy program, or transmission planning or service. (k) For purposes of this section, both of the following definitions apply: (1) “Balancing authority,” “balancing authority area,” and “California balancing authority” have the same meanings as provided in Section 399.12. (2) “Load-serving entity” has the same meaning as provided in Section 380. (Added by Stats. 2025, Ch. 116, Sec. 4. (AB 825) Effective January 1, 2026.)
  106. 3450.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 5. Other Matters [3450 - 3558] ( Part 5 added by Stats. 2020, Ch. 27, Sec. 12. )

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    The Legislature ratifies and deems proper earlier acts by the Governor or the Governor’s designee that were done to help establish Golden State Energy.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 5. Other Matters [3450 - 3558] ( Part 5 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3450. The Legislature hereby ratifies and deems proper all acts by the Governor or the Governor’s designee before the effective date of this division taken in furtherance of the establishment of Golden State Energy. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  107. 3452.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 5. Other Matters [3450 - 3558] ( Part 5 added by Stats. 2020, Ch. 27, Sec. 12. )

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    This division must be interpreted broadly to carry out its purposes.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 5. Other Matters [3450 - 3558] ( Part 5 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3452. This division, being necessary for the prosperity of the state and its residents, shall be liberally construed to effect its purposes. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  108. 3454.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 5. Other Matters [3450 - 3558] ( Part 5 added by Stats. 2020, Ch. 27, Sec. 12. )

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    The acquisition of Pacific Gas and Electric Company by Golden State Energy is exempt from Sections 851 to 854 if Golden State Energy or its subsidiary agrees to assume specified labor, pension, and bankruptcy-plan obligations.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 5. Other Matters [3450 - 3558] ( Part 5 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3454. The acquisition of Pacific Gas and Electric Company by Golden State Energy, for any reason including pursuant to Section 713, shall not be subject to Sections 851 to 854, inclusive, if Golden State Energy, or its subsidiary, as part of such acquisition, agrees to do all of the following: (a) Assume, take assignment of, and be bound by all collective bargaining agreements and related obligations, including pension and benefit agreements, then in effect that cover the business being acquired. (b) Assume any obligations for funding under pension plans then in effect. (c) In the event the transfer is made as part of Pacific Gas and Electric Company’s and PG&E Corporation’s bankruptcy cases pursuant to Chapter 11 (commencing with Section 1101) of the United States Bankruptcy Code (Title 11 of the United States Code) (Case No. 19-30088), adopt and be bound by the terms and provisions set forth on Exhibit B to the Debtors’ and Shareholder Proponents’ Joint Chapter 11 Plan of Reorganization Dated March 16, 2020. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  109. 346.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The Independent System Operator must immediately take part in all relevant Federal Energy Regulatory Commission proceedings.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 346. The Independent System Operator shall immediately participate in all relevant Federal Energy Regulatory Commission proceedings. The Independent System Operator shall ensure that additional filings at the Federal Energy Regulatory Commission request confirmation of the relevant provisions of this chapter and seek the authority needed to give the Independent System Operator the ability to secure generating and transmission resources necessary to guarantee achievement of planning and operating reserve criteria no less stringent than those established by the Western Electricity Coordinating Council and the North American Electric Reliability Council. (Amended by Stats. 2003, Ch. 62, Sec. 258. Effective January 1, 2004.)
  110. 347.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The Independent System Operator governing board may form technical advisory committees with market and nonmarket participants.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 347. The Independent System Operator governing board may form appropriate technical advisory committees composed of market and nonmarket participants to advise the Independent System Operator governing board on issues including, but not limited to, rules and protocols and operating procedures. (Added by Stats. 1996, Ch. 854, Sec. 10. Effective September 24, 1996.)
  111. 348.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The Independent System Operator must adopt and maintain transmission-facility standards, report on them, and require annual compliance reports from facility owners or operators.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 348. The Independent System Operator shall adopt inspection, maintenance, repair, and replacement standards for the transmission facilities under its control no later than September 30, 1997. The standards, which shall be performance or prescriptive standards, or both, as appropriate, for each substantial type of transmission equipment or facility, shall provide for high quality, safe, and reliable service. In adopting its standards, the Independent System Operator shall consider: cost, local geography and weather, applicable codes, national electric industry practices, sound engineering judgment, and experience. The Independent System Operator shall also adopt standards for reliability, and safety during periods of emergency and disaster. The Independent System Operator shall report to the Oversight Board, at such times as the Oversight Board may specify, on the development and implementation of the standards in relation to facilities under the operational control of the Independent System Operator. The Independent System Operator shall require each transmission facility owner or operator to report annually on its compliance with the standards. That report shall be made available to the public. (Amended by Stats. 1997, Ch. 261, Sec. 8. Effective January 1, 1998.)
  112. 349.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The Independent System Operator must review major outages affecting at least 10% of customers, address the cause and restoration response, and may impose sanctions in limited circumstances. If the outage was caused by insufficient electricity supply in its balancing area, it must post findings and recommendations online and share them with specified public bodies.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 349. (a) The Independent System Operator shall perform a review following a major outage that affects at least 10 percent of the customers of the entity providing the local distribution service. The review shall address the cause of the major outage, the response time and effectiveness, and whether the transmission facility owner or operator’s operation and maintenance practices enhanced or undermined the ability to restore service efficiently and in a timely manner. (b) (1) If the Independent System Operator finds pursuant to subdivision (a) that the operation and maintenance practices of the transmission facility owner or operator prolonged the response time or was responsible for the outage, the Independent System Operator may order appropriate sanctions, subject to the Federal Energy Regulatory Commission approving that authority. (2) (A) If the Independent System Operator finds pursuant to subdivision (a) that the primary cause of the outage was the insufficiency of the electricity supply available to serve the electrical load within its balancing area authority, the Independent System Operator shall post on its internet website the finding and recommendations to prevent future shortfalls and share the finding and recommendations with the commission, the Energy Commission, and the Legislature. (B) Findings and recommendations submitted to the Legislature shall be provided in accordance with Section 9795 of the Government Code. (Amended by Stats. 2024, Ch. 713, Sec. 3. (AB 2368) Effective January 1, 2025.)
  113. 349.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The Independent System Operator must notify local air pollution control and air quality management districts, at least monthly, about certain entities in their boundaries that have interruptible service arrangements. The districts must keep the information confidential, but open-records laws may still apply.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 349.5. (a) Beginning January 15, 2002, and at least once monthly thereafter, the Independent System Operator shall notify each air pollution control district and air quality management district of the name and address of each entity within the district’s boundaries within the Independent System Operator’s control area with whom the Independent System Operator enters into an interruptible service contract or similar arrangement. (b) For the purposes of this section, “interruptible service contract or similar arrangement” means any arrangement in which a nonresidential entity agrees to reduce or consider reducing its electrical consumption during periods of peak demand or at the request of the Independent System Operator in exchange for compensation, or for assurances not to be blacked out or other similar nonmonetary assurances. (c) The local air pollution control district or air quality management district shall maintain in a confidential manner the information received pursuant to this section. However, nothing in this subdivision shall affect the applicability of Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, or of any other similar open records statute or ordinance, to information provided pursuant to this section. (Amended by Stats. 2021, Ch. 615, Sec. 396. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  114. 350.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The Independent System Operator must report certain grid-enhancing technology use, costs, and efficiency savings after each transmission plan is approved.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 350. (a) Notwithstanding Section 10231.5 of the Government Code, upon approval by the Independent System Operator of each transmission plan produced through the transmission planning process, or a successor process, the Independent System Operator shall report to the commission and the relevant policy committees of both houses of the Legislature any new use of any grid enhancing technology that is deemed reasonable by the Independent System Operator in that plan and the costs and efficiency savings of the deployment of that grid enhancing technology. (b) The report submitted to the relevant policy committees of the Legislature pursuant to subdivision (a) shall be submitted in accordance with Section 9795 of the Government Code. (Added by Stats. 2024, Ch. 741, Sec. 1. (AB 2779) Effective January 1, 2025.)
  115. 352.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The Independent System Operator must publish a public list of California power plants that are out of service because of planned or unplanned outages.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 352.5. (a) The Independent System Operator shall make publicly available a list of all power plants located in the state that are not operational due to a planned or unplanned outage. (b) For the purposes of complying with subdivision (a), the Independent System Operator shall make the list available over the Internet. (c) The Independent System Operator shall update the list established pursuant to subdivision (a) on a daily basis. (Added by Stats. 2001, 1st Ex. Sess., Ch. 1, Sec. 6. Effective January 18, 2001.)
  116. 352.7.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. )

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    A person may not intentionally disclose proprietary information obtained through certain contracts with the Independent System Operator when the person knew or should have known the disclosure could cause harm.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3. Independent System Operator [345 - 352.7] ( Article 3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 352.7. (a) It shall be unlawful for a person to intentionally disclose proprietary information obtained in the negotiation, execution, or performance of a consulting services contract, as defined in Section 10335.5 of the Public Contract Code, or an information technology contract, as defined in Section 11702 of the Government Code, with the Independent System Operator when the contracting party knew or should have known that the disclosure was likely to cause harm. (b) A violation of this section shall be punishable as a misdemeanor and may be prosecuted by the Attorney General or by a local district attorney in the district in which the disclosure took place. (c) (1) For the purposes of this section “proprietary information” shall include any information agreed by the contracting parties to be proprietary, or any information that is designated by the Independent System Operator to be proprietary. The Independent System Operator shall provide written notification to a contracting party of any information that, subsequent to the execution of the contract, is identified to be proprietary. The Independent System Operator shall make this designation only in cases where the Independent System Operator has reason to believe that the release of this information poses an immediate threat to the health, safety, or welfare of the public or the Independent System Operator has reason to believe that the contracting party intends to sell the information. If the Independent System Operator makes a designation of proprietary information subsequent to the execution of the contract, the Independent System Operator shall make a good faith effort to amend the contract to incorporate the subsequent designation of proprietary information. The Independent System Operator shall specifically identify in the contract any information that is considered to be proprietary. A contracting party is not in violation of this section if that party discloses information prior to the receipt of the written notification. (2) Any information that is required to be released or disclosed by a contracting party pursuant to a legal requirement, including an order of a court or regulatory agency, shall not be considered a violation of this section. (Added by Stats. 2002, Ch. 1097, Sec. 2. Effective January 1, 2003.)
  117. 353.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3.5. Distributed Energy Resources [353.1 - 353.15] ( Article 3.5 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. )

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    This section defines “distributed energy resources” and lists the conditions they must meet.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3.5. Distributed Energy Resources [353.1 - 353.15] ( Article 3.5 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. ) ## 353.1. As used in this article, “distributed energy resources” means electric generation technology that meets all of the following criteria: (a) Commences initial operation between May 1, 2001, and June 1, 2003, except that gas-fired distributed energy resources that are not operated in a combined heat and power application shall commence operation no later than September 1, 2002. (b) Is located within a single facility. (c) Is five megawatts or smaller in aggregate capacity. (d) Serves onsite loads or over-the-fence transactions allowed under Sections 216 and 218. (e) Is powered by any fuel other than diesel. (f) Complies with emission standards and guidance adopted by the State Air Resources Board pursuant to Sections 41514.9 and 41514.10 of the Health and Safety Code. Prior to the adoption of those standards and guidance, for the purpose of this article, distributed energy resources shall meet emission levels equivalent to nine parts per million oxides of nitrogen, or the equivalent standard taking into account efficiency as determined by the State Air Resources Board, averaged over a three-hour period, or best available control technology for the applicable air district, whichever is lower, except for distributed generation units that displace and therefore significantly reduce emissions from natural gas flares or reinjection compressors, as determined by the State Air Resources Board. These units shall comply with the applicable best available control technology as determined by the air pollution control district or air quality management district in which they are located. (Amended by Stats. 2008, Ch. 179, Sec. 193. Effective January 1, 2009.)
  118. 353.11.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3.5. Distributed Energy Resources [353.1 - 353.15] ( Article 3.5 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. )

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    A local publicly owned electric utility must review its rates, tariffs, and rules for barriers to distributed energy resources and hold at least one noticed public meeting for public comment.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3.5. Distributed Energy Resources [353.1 - 353.15] ( Article 3.5 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. ) ## 353.11. A local publicly owned electric utility or a local publicly owned utility otherwise providing electrical service, shall review at the earliest practicable date its rates, tariffs, and rules to identify barriers to and determine the appropriate balance of costs and benefits of distributed energy resources in order to facilitate the installation of these resources in the interests of their customer-owners and the state, and shall hold at least one noticed public meeting to solicit public comment on the review and any recommended changes. However, notwithstanding any other provision of this article, such an entity has the sole authority to undertake such a review and to make modifications to its rates, tariffs, and rules as the governing body of that utility determines to be necessary. (Amended by Stats. 2008, Ch. 558, Sec. 11. Effective January 1, 2009.)
  119. 353.13.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3.5. Distributed Energy Resources [353.1 - 353.15] ( Article 3.5 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. )

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    The commission must require electrical corporations to create new tariffs for customers using distributed energy resources by January 1, 2003, and those tariffs must recover net distribution costs from the relevant customer class.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3.5. Distributed Energy Resources [353.1 - 353.15] ( Article 3.5 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. ) ## 353.13. (a) The commission shall require each electrical corporation to establish new tariffs on or before January 1, 2003, for customers using distributed energy resources, including, but not limited to, those that do not meet all of the criteria described in Section 353.1. However, after January 1, 2003, distributed energy resources that meet all of the criteria described in Section 353.1 shall continue to be subject only to those tariffs in existence pursuant to Section 353.3, until June 1, 2011, except that installations that do not operate in a combined heat and power application will be subject to those tariffs in existence pursuant to Section 353.3 only until June 1, 2006. Those tariffs required pursuant to this section shall ensure that all net distribution costs incurred to serve each customer class, taking into account the actual costs and benefits of distributed energy resources, proportional to each customer class, as determined by the commission, are fully recovered only from that class. The commission shall require each electrical corporation, in establishing those rates, to ensure that customers with similar load profiles within a customer class will, to the extent practicable, be subject to the same utility rates, regardless of their use of distributed energy resources to serve onsite loads or over-the-fence transactions allowed under Sections 216 and 218. Customers with dedicated facilities shall remain responsible for their obligations regarding payment for those facilities. (b) In establishing the tariffs, the commission shall consider coincident peakload, and the reliability of the onsite generation, as determined by the frequency and duration of outages, so that customers with more reliable onsite generation and those that reduce peak demand pay a lower cost-based rate. (Amended by Stats. 2016, Ch. 842, Sec. 9. (SB 1222) Effective January 1, 2017.)
  120. 353.15.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3.5. Distributed Energy Resources [353.1 - 353.15] ( Article 3.5 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. )

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    Customers with distributed energy resources over 10 kilowatts must file annual reports with the commission, and the commission must release the information without identifying the individual user.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3.5. Distributed Energy Resources [353.1 - 353.15] ( Article 3.5 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. ) ## 353.15. (a) In order to evaluate the efficiency, emissions, and reliability of distributed energy resources with a capacity greater than 10 kilowatts, customers that install those resources pursuant to this article shall report to the commission, on an annual basis, all of the following information, as recorded on a monthly basis: (1) Heat rate for the resource. (2) Total kilowatthours produced in the peak and off-peak periods, as determined by the ISO. (3) Emissions data for the resource, as required by the State Air Resources Board or the appropriate air quality management district or air pollution control district. (b) The commission shall release the information submitted pursuant to subdivision (a) in a manner that does not identify the individual user of the distributed energy resource. (Amended by Stats. 2016, Ch. 842, Sec. 10. (SB 1222) Effective January 1, 2017.)
  121. 353.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3.5. Distributed Energy Resources [353.1 - 353.15] ( Article 3.5 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. )

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    This section defines “ultraclean and low-emission distributed generation” and lets the commission consider energy efficiency and emissions performance when setting rates and fees.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3.5. Distributed Energy Resources [353.1 - 353.15] ( Article 3.5 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. ) ## 353.2. (a) As used in this article, “ultraclean and low-emission distributed generation” means any electric generation technology that meets both of the following criteria: (1) Commences initial operation between January 1, 2003, and December 31, 2008. (2) Produces zero emissions during its operation or produces emissions during its operation that are equal to or less than the 2007 State Air Resources Board emission limits for distributed generation, except that technologies operating by combustion must operate in a combined heat and power application with a 60-percent system efficiency on a higher heating value. (b) In establishing rates and fees, the commission may consider energy efficiency and emissions performance to encourage early compliance with air quality standards established by the State Air Resources Board for ultraclean and low-emission distributed generation. (Amended by Stats. 2005, Ch. 22, Sec. 167. Effective January 1, 2006.)
  122. 353.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3.5. Distributed Energy Resources [353.1 - 353.15] ( Article 3.5 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. )

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    The commission must make certain utility tariffs treat eligible distributed energy resource customers like comparable non-DR customers, and those customers must use real-time or time-of-use pricing depending on program availability.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3.5. Distributed Energy Resources [353.1 - 353.15] ( Article 3.5 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. ) ## 353.3. (a) The commission shall require each electrical corporation under the operational control of the Independent System Operator as of January 1, 2001, to modify its tariffs so that all customers installing new distributed energy resources in accordance with the criteria described in Section 353.1 are served under rates, rules, and requirements identical to those of a customer within the same rate schedule that does not use distributed energy resources, and to withdraw any provisions in otherwise applicable tariffs that activate other tariffs, rates, or rules if a customer uses distributed energy resources. (b) To qualify for the tariffs described in subdivision (a), each customer with distributed energy resources that meet the criteria of Section 353.1 shall participate in a real-time metering and pricing program, when these programs become available, in which rates for any energy purchased from the electrical corporation reflect the actual cost to the electrical corporation of energy it purchases at the time it is consumed by the customer. Prior to the time these programs become available, the customer shall participate in a time-of-use pricing tariff. On or before December 31, 2001, the commission shall adopt a real time pricing tariff for the purpose of this section. (c) Except as specified in Section 353.7, customers may not be subject to the application of additional rates or tariffs solely because of their use of distributed energy resources to serve onsite loads or over-the-fence transactions allowed under Sections 216 and 218. (Added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. Effective May 22, 2001.)
  123. 353.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3.5. Distributed Energy Resources [353.1 - 353.15] ( Article 3.5 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. )

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    Each electrical corporation must consider nonutility-owned distributed energy resources as a possible alternative when planning distribution investments.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3.5. Distributed Energy Resources [353.1 - 353.15] ( Article 3.5 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. ) ## 353.5. Each electrical corporation, as part of its distribution planning process, shall consider nonutility owned distributed energy resources as a possible alternative to investments in its distribution system in order to ensure reliable electric service at the lowest possible cost. (Added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. Effective May 22, 2001.)
  124. 353.7.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3.5. Distributed Energy Resources [353.1 - 353.15] ( Article 3.5 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. )

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    This section says the article cannot be used to avoid reasonable interconnection charges, cut customer-class contributions to public purpose programs, or relieve customers from commission-determined obligations tied to Department of Water Resources power purchases.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3.5. Distributed Energy Resources [353.1 - 353.15] ( Article 3.5 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. ) ## 353.7. Notwithstanding Section 353.3, nothing in this article may result in any exemption from reasonable interconnection charges, lead to any reduction in contributions by each customer class to public purpose programs funded under Section 399.8, or relieve any customer of any obligation determined by the commission to result from participation in the purchase of power through the Department of Water Resources pursuant to Division 27 (commencing with Section 80000) of the Water Code. (Added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. Effective May 22, 2001.)
  125. 353.9.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3.5. Distributed Energy Resources [353.1 - 353.15] ( Article 3.5 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. )

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    When setting the required rates, the commission must create a firewall so distribution cost recovery is separated by customer class.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 3.5. Distributed Energy Resources [353.1 - 353.15] ( Article 3.5 added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. ) ## 353.9. In establishing the rates required under this article, the commission shall create a firewall that segregates distribution cost recovery so that any net costs, taking into account the actual costs and benefits of distributed energy resources, proportional to each customer class, as determined by the commission, resulting from the tariff modifications granted to members of each customer class may be recovered only from that class. (Added by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 11. Effective May 22, 2001.)
  126. 3558.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 5. Other Matters [3450 - 3558] ( Part 5 added by Stats. 2020, Ch. 27, Sec. 12. )

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    This section says the act does not change any valid existing rights under a previously issued license or franchise.

    ## Public Utilities Code - PUC ## DIVISION 1.7. Golden State Energy Act [3400 - 3558] ( Division 1.7 added by Stats. 2020, Ch. 27, Sec. 12. ) ## PART 5. Other Matters [3450 - 3558] ( Part 5 added by Stats. 2020, Ch. 27, Sec. 12. ) ## 3558. Nothing in this act shall be construed as diminishing or enlarging any valid existing rights under any license or franchise previously issued pursuant to federal or state law. (Added by Stats. 2020, Ch. 27, Sec. 12. (SB 350) Effective January 1, 2021.)
  127. 360.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must make sure filings to the Federal Energy Regulatory Commission seek confirmation of this chapter’s provisions and the authority needed for the Independent System Operator to secure needed generating and transmission resources.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 360. The commission shall ensure that existing, and if necessary, additional filings at the Federal Energy Regulatory Commission request confirmation of the relevant provisions of this chapter and seek the authority needed to give the Independent System Operator the ability to secure generating and transmission resources necessary to guarantee achievement of planning and operating reserve criteria no less stringent than those established by the Western Electricity Coordinating Council and the North American Electric Reliability Council. (Amended by Stats. 2003, Ch. 62, Sec. 260. Effective January 1, 2004.)
  128. 360.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must calculate a specified retail-rate portion and the related allocation amount, and each electrical corporation must pay that amount to the department when it receives retail customer revenues.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 360.5. The commission shall determine that portion of each existing electrical corporation’s retail rate effective on January 5, 2001, that is equal to the difference between the generation related component of the retail rate and the sum of the costs of the utility’s own generation, qualifying facility contracts, existing bilateral contracts, and ancillary services. That portion of the retail rate shall be known as the California Procurement Adjustment. The commission shall further determine the amount of the California Procurement Adjustment that is allocable to the power sold by the department. That amount shall be payable, by each electrical corporation, upon receipt by the electrical corporation of the revenues from its retail end use customers, to the department for deposit in the Department of Water Resources Electric Power Fund, established by Section 80200 of the Water Code. The amount determined pursuant to this subdivision shall be known as the Fixed Department of Water Resources Set-Aside. (Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 2. Effective February 1, 2001.)
  129. 361.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must make sure certain restructuring-trust funds are put at the disposal of the Independent System Operator and the Power Exchange.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 361. The commission shall ensure that any funds secured by the restructuring trusts established for the purposes of developing the Independent System Operator and the Power Exchange shall be placed at the disposal of the Independent System Operator and the Power Exchange respectively. (Added by Stats. 1996, Ch. 854, Sec. 10. Effective September 24, 1996.)
  130. 362.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must keep reliability-critical electric facilities available and operational, and electrical corporations may not withdraw a facility from ISO operational control without commission approval.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 362. (a) In proceedings pursuant to Section 455.5, 851, or 854, the commission shall ensure that facilities needed to maintain the reliability of the electric supply remain available and operational, consistent with maintaining open competition and avoiding an overconcentration of market power. In order to determine whether the facility needs to remain available and operational, the commission shall use standards that are no less stringent than the Western Electricity Coordinating Council and North American Electric Reliability Council standards for planning reserve criteria. (b) The commission shall require that generation facilities located in the state that have been disposed of in proceedings pursuant to Section 851 are operated by the persons or corporations who own or control them in a manner that ensures their availability to maintain the reliability of the electric supply system. (c) Consistent with Section 851 and the commission’s regulation of transfers of operational control of electrical corporation facilities, an electrical corporation subject to commission Decision 98-01-053 (January 21, 1998), Joint Application of Pacific Gas and Electric Company (U 39-E), San Diego Gas and Electric Company (U 902-E), and Southern California Edison Company (U 388-E) for an Order under Public Utilities Code Section 853 Exempting Them from the Provisions of Section 851 or in the Alternative for Authority to Convey Operational Control of Designated Transmission Lines and Associated Facilities to an Independent System Operator, shall participate in the Independent System Operator. (d) An electrical corporation shall not withdraw a facility from the operational control of the Independent System Operator without commission approval pursuant to Section 851. (Amended by Stats. 2022, Ch. 251, Sec. 24. (AB 209) Effective September 6, 2022.)
  131. 363.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must require certain facility-sale contracts to include at least two years of operation and maintenance, may apply similar conditions to later transactions, and must approve or adjust specified bayside facility closures or transfers when the stated conditions are met.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 363. (a) In order to ensure the continued safe and reliable operation of public utility electric generating facilities, the commission shall require in any proceeding under Section 851 involving the sale, but not spinoff, of a public utility electric generating facility, for transactions initiated prior to December 31, 2001, and approved by the commission by December 31, 2002, that the selling utility contract with the purchaser of the facility for the selling utility, an affiliate, or a successor corporation to operate and maintain the facility for at least two years. The commission may require these conditions to be met for transactions initiated on or after January 1, 2002. The commission shall require the contracts to be reasonable for both the seller and the buyer. (b) Subdivision (a) shall apply only if the facility is actually operated during the two-year period following the sale. Subdivision (a) shall not require the purchaser to operate a facility, nor shall it preclude a purchaser from temporarily closing the facility to make capital improvements. (c) For those bayside fossil fueled electric generation and associated transmission facilities that an electrical corporation has proposed to divest in a public auction and for which the Legislature has appropriated state funds in the Budget Act of 1998 to assist local governmental entities in acquiring the facilities or to mitigate environmental and community issues, and where the local governmental entity proposes that the closure of the power plant would serve the public interest by mitigating air, water and other environmental, health and safety, and community impacts associated with the facilities, and where the local governmental entity and electrical corporation have engaged in significant negotiations with the purpose of shutting down the power plant, and where there is an agreement between the electrical corporation and the local governmental entity for closure of the facilities or for the local governmental entity to acquire the facilities, the commission shall approve the closure of these facilities or the transfer of these electric generation and associated transmission facilities to the local governmental entity and shall consider the utility transactions with the community to be just and reasonable for its ratepayers. For purposes of calculating the Competition Transition Charge, the commission shall not use any inferred market value for the facilities predicated on the continued use of the plant, the construction of successor facilities or alternative use of the site and shall net the costs of the depreciated book value of the power plant and the unrecovered costs of decommissioning, environmental remediation and site restoration against the net proceeds received from the local governmental entity for the acquisition or closure of the facilities. Thereafter, any net proceeds received from the ultimate disposition, by the electrical corporation, of the site shall be credited to recovery of Competition Transition Charges. (Amended by Stats. 1998, Ch. 328, Sec. 16. Effective August 21, 1998.)
  132. 364.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must adopt utility inspection, maintenance, repair, replacement, and emergency/disaster safety standards, and it must review compliance after major outages.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 364. (a) The commission shall adopt inspection, maintenance, repair, and replacement standards, and shall, in a new proceeding, or new phase of an existing proceeding, to commence on or before July 1, 2015, consider adopting rules to address the physical security risks to the distribution systems of electrical corporations. The standards or rules, which shall be prescriptive or performance based, or both, and may be based on risk management, as appropriate, for each substantial type of distribution equipment or facility, shall provide for high-quality, safe, and reliable service. (b) In setting its standards or rules, the commission shall consider: cost, local geography and weather, applicable codes, potential physical security risks, national electric industry practices, sound engineering judgment, and experience. The commission shall also adopt standards for operation, reliability, and safety during periods of emergency and disaster. (c) The commission shall conduct a review to determine whether the standards or rules prescribed in this section have been met. If the commission finds that the standards or rules have not been met, the commission may order appropriate sanctions, including penalties in the form of rate reductions or monetary fines. The review shall be performed after every major outage. Any money collected pursuant to this subdivision shall be used to offset funding for the California Alternative Rates for Energy Program. (d) The commission may, consistent with other provisions of law, withhold from the public information generated or obtained pursuant to this section that it deems would pose a security threat to the public if disclosed. (Amended by Stats. 2015, Ch. 612, Sec. 10. (SB 697) Effective January 1, 2016.)
  133. 365.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

    Verify source ↗

    The commission must align its actions with Section 330 and take steps to support direct electricity transactions and related market arrangements.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 365. The actions of the commission pursuant to this chapter shall be consistent with the findings and declarations contained in Section 330. In addition, the commission shall do all of the following: (a) Facilitate the efforts of the state’s electrical corporations to develop and obtain authorization from the Federal Energy Regulatory Commission for the creation and operation of an Independent System Operator and an independent Power Exchange, for the determination of which transmission and distribution facilities are subject to the exclusive jurisdiction of the commission, and for approval, to the extent necessary, of the cost recovery mechanism established as provided in Sections 367 to 376, inclusive. The commission shall also participate fully in all proceedings before the Federal Energy Regulatory Commission in connection with the Independent System Operator and the independent Power Exchange, and shall encourage the Federal Energy Regulatory Commission to adopt protocols and procedures that strengthen the reliability of the interconnected transmission grid, encourage all publicly owned utilities in California to become full participants, and maximize enforceability of such protocols and procedures by all market participants. (b) (1) Authorize direct transactions between electricity suppliers and end use customers, subject to implementation of the nonbypassable charge referred to in Sections 367 to 376, inclusive. Direct transactions shall commence simultaneously with the start of an Independent System Operator and Power Exchange referred to in subdivision (a). The simultaneous commencement shall occur as soon as practicable, but no later than January 1, 1998. The commission shall develop a phase-in schedule at the conclusion of which all customers shall have the right to engage in direct transactions. Any phase-in of customer eligibility for direct transactions ordered by the commission shall be equitable to all customer classes and accomplished as soon as practicable, consistent with operational and other technological considerations, and shall be completed for all customers by January 1, 2002. (2) Customers shall be eligible for direct access irrespective of any direct access phase-in implemented pursuant to this section if at least one-half of that customer’s electrical load is supplied by energy from a renewable resource provider certified pursuant to Section 383, provided however that nothing in this section shall provide for direct access for electric consumers served by municipal utilities unless so authorized by the governing board of that municipal utility. (Added by Stats. 1996, Ch. 854, Sec. 10. Effective September 24, 1996.)
  134. 365.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

    Verify source ↗

    The commission must control when retail customers can buy electric service from other providers, set the annual kilowatthour limits, and issue related orders and rules.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 365.1. (a) Except as expressly authorized by this section, and subject to the limitations in subdivisions (b) and (c), the right of retail end-use customers pursuant to this chapter to acquire service from other providers is suspended until the Legislature, by statute, lifts the suspension or otherwise authorizes direct transactions. For purposes of this section, “other provider” means any person, corporation, or other entity that is authorized to provide electric service within the service territory of an electrical corporation pursuant to this chapter, and includes an aggregator, broker, or marketer, as defined in Section 331, and an electric service provider, as defined in Section 218.3. “Other provider” does not include a community choice aggregator, as defined in Section 331.1, and the limitations in this section do not apply to the sale of electricity by “other providers” to a community choice aggregator for resale to community choice aggregation electricity consumers pursuant to Section 366.2. (b) The commission shall authorize individual retail nonresidential end-use customers to acquire electric service from other providers in each electrical corporation’s distribution service territory, up to a maximum allowable total kilowatthours annual limit. The maximum allowable annual limit shall be established by the commission for each electrical corporation at the maximum total kilowatthours supplied by all other providers to distribution customers of that electrical corporation during any sequential 12-month period between April 1, 1998, and October 11, 2009. Within six months of October 11, 2009, the commission shall adopt and implement a reopening schedule that commences immediately and will phase in the allowable amount of increased kilowatthours over a period of not less than three years, and not more than five years, raising the allowable limit of kilowatthours supplied by other providers in each electrical corporation’s distribution service territory from the number of kilowatthours provided by other providers as of October 11, 2009, to the maximum allowable annual limit for that electrical corporation’s distribution service territory. The commission shall review and, if appropriate, modify its currently effective rules governing direct transactions, but that review shall not delay the start of the phase-in schedule. (c) Once the commission has authorized additional direct transactions pursuant to subdivision (b), it shall do both of the following: (1) Ensure that other providers are subject to the same requirements that apply to the state’s three largest electrical corporations under any programs or rules adopted by the commission to implement the resource adequacy provisions of Section 380, the renewables portfolio standard provisions of Article 16 (commencing with Section 399.11), the requirements for the electricity sector adopted by the State Air Resources Board pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), and the requirements of the integrated resource planning process as specified in Sections 454.52 to 454.54, inclusive. This requirement applies notwithstanding any prior decision of the commission to the contrary. (2) (A) Ensure that, in the event that the commission authorizes, in the situation of a contract with a third party, or orders, in the situation of utility-owned generation, an electrical corporation to obtain generation resources that the commission determines are needed to meet system or local area reliability needs for the benefit of all customers in the electrical corporation’s distribution service territory, the net capacity costs of those generation resources are allocated on a fully nonbypassable basis consistent with departing load provisions as determined by the commission, to all of the following: (i) Bundled service customers of the electrical corporation. (ii) Customers that purchase electricity through a direct transaction with other providers. (iii) Customers of community choice aggregators. (B) If the commission authorizes or orders an electrical corporation to obtain generation resources pursuant to subparagraph (A), the commission shall ensure that those resources meet a system or local reliability need in a manner that benefits all customers of the electrical corporation. The commission shall allocate the costs of those generation resources to ratepayers in a manner that is fair and equitable to all customers, whether they receive electric service from the electrical corporation, a community choice aggregator, or an electric service provider. (C) The resource adequacy benefits of generation resources acquired by an electrical corporation pursuant to subparagraph (A) shall be allocated to all customers who pay their net capacity costs. Net capacity costs shall be determined by subtracting the energy and ancillary services value of the resource from the total costs paid by the electrical corporation pursuant to a contract with a third party or the annual revenue requirement for the resource if the electrical corporation directly owns the resource. An energy auction shall not be required as a condition for applying this allocation, but may be allowed as a means to establish the energy and ancillary services value of the resource for purposes of determining the net costs of capacity to be recovered from customers pursuant to this paragraph, and the allocation of the net capacity costs of contracts with third parties shall be allowed for the terms of those contracts. (D) It is the intent of the Legislature, in enacting this paragraph, to provide additional guidance to the commission with respect to the implementation of subdivision (g) of Section 380, and to ensure that the customers to whom the net costs and benefits of capacity are allocated are not required to pay for the cost of electricity they do not consume. (d) (1) If the commission approves a centralized resource adequacy mechanism pursuant to subdivisions (h) and (i) of Section 380, upon the implementation of the centralized resource adequacy mechanism the requirements of paragraph (2) of subdivision (c) shall be suspended. If the commission later orders that electrical corporations cease procuring capacity through a centralized resource adequacy mechanism, the requirements of paragraph (2) of subdivision (c) shall again apply. (2) If the use of a centralized resource adequacy mechanism is authorized by the commission and has been implemented as set forth in paragraph (1), the net capacity costs of generation resources that the commission determines are required to meet urgent system or urgent local grid reliability needs, and that the commission authorizes to be procured outside of the Section 380 or Section 454.5 processes, shall be recovered according to paragraph (2) of subdivision (c). (3) This subdivision does not supplant the resource adequacy requirements of Section 380 or the resource procurement procedures established in Section 454.5. (e) On or before June 1, 2019, the commission shall issue an order regarding direct transactions that provides as follows: (1) Increase the maximum allowable total kilowatthours annual limit by 4,000 gigawatthours and apportion that increase among the service territories of the electrical corporations. (2) All residential and nonresidential customer accounts that are on direct access as of January 1, 2019, remain authorized to participate in direct transactions. (Amended by Stats. 2023, Ch. 367, Sec. 5. (AB 1373) Effective October 7, 2023.)
  135. 365.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must prevent bundled retail customers and departing load from experiencing cost increases caused by other customers switching providers or by certain cost allocations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 365.2. The commission shall ensure that bundled retail customers of an electrical corporation do not experience any cost increases as a result of retail customers of an electrical corporation electing to receive service from other providers. The commission shall also ensure that departing load does not experience any cost increases as a result of an allocation of costs that were not incurred on behalf of the departing load. (Added by Stats. 2015, Ch. 547, Sec. 14. (SB 350) Effective January 1, 2016.)
  136. 365.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must post load-serving entities’ residential electric rate tariffs and programs on its website, and load-serving entities must provide the commission the needed information.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 365.3. (a) The commission shall post, in a consolidated location on its internet website, each load-serving entity’s residential electric rate tariffs and programs to enable customers and local governments to compare rates, services, environmental attributes, and other offerings. The documents posted shall include, but not be limited to, joint comparison rates for each community choice aggregator and electrical corporation and the disclosures required of retail sellers pursuant to Sections 398.4 and 398.5. This information shall be available and easily accessible on the load-serving entities’ internet websites. (b) Pursuant to subdivision (a), each load-serving entity shall make available to the commission all information about its residential electric rate tariffs and programs. (c) Dissemination of publicly available and factual information pursuant to subdivision (a) by a load-serving entity to a customer shall not constitute a violation of Section 707. (d) For purposes of this section, “load-serving entity” has the same meaning as in Section 380. (Amended by Stats. 2020, Ch. 370, Sec. 246. (SB 1371) Effective January 1, 2021.)
  137. 365.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission may investigate certification and regulation of default service rates, charges, terms, and conditions, and if it finds such a process is in the public interest, it must send its findings and recommendations to the Legislature for approval.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 365.5. Nothing in this chapter shall prevent the commission from exercising its authority to investigate a process for certification and regulation of the rates, charges, terms, and conditions of default service. If the commission determines that a process for certification and regulation of default service is in the public interest, the commission shall submit its findings and recommendations to the Legislature for approval. (Added by Stats. 1997, Ch. 275, Sec. 4. Effective August 15, 1997.)
  138. 366.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must take steps to facilitate direct transactions between electricity suppliers and end-use customers. Customers may aggregate their electrical loads if they give a positive written declaration.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 366. (a) The commission shall take actions as needed to facilitate direct transactions between electricity suppliers and end-use customers. Customers shall be entitled to aggregate their electrical loads on a voluntary basis, provided that each customer does so by a positive written declaration. If no positive declaration is made by a customer, that customer shall continue to be served by the existing electrical corporation or its successor in interest, except aggregation by community choice aggregators, accomplished pursuant to Section 366.2. (b) Aggregation of customer electrical load shall be authorized by the commission for all customer classes, including, but not limited, to small commercial or residential customers. Aggregation may be accomplished by private market aggregators, special districts, or on any other basis made available by market opportunities and agreeable by positive written declaration by individual consumers, except aggregation by community choice aggregators, which shall be accomplished pursuant to Section 366.2. (Amended by Stats. 2002, Ch. 838, Sec. 3. Effective January 1, 2003.)
  139. 366.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    An existing project participant may serve as a community aggregator for retail end-use customers in its jurisdiction if the Magnolia Power Project has been built and can begin deliveries, and the commission must first put a cost-recovery mechanism in place and report that it has done so.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 366.1. (a) As used in this section, the following terms have the following meanings: (1) “Department” means the Department of Water Resources with respect to its power program described in Chapter 2 (commencing with Section 80100) of Division 27 of the Water Code. (2) “Existing project participant” means a city with rights and obligations to the Magnolia Power Project under the Magnolia Power Project Planning Agreement, dated May 1, 2001. (3) “Magnolia Power Project” means a proposed natural gas-fired electric generating facility to be located at an existing site in Burbank and for which an application for certification has been filed with the State Energy Resources Conservation and Development Act (Docket No. 00-SIT-1) and deemed data adequate pursuant to the expedited six-month licensing process established under Section 25550 of the Public Resources Code. (b) Notwithstanding Section 80110 of the Water Code or Commission Decision 01-09-060, if the Magnolia Power Project has been constructed and is otherwise capable of beginning deliveries of electricity to the existing project participants, an existing project participant may serve as a community aggregator on behalf of all retail end-use customers within its jurisdiction. (c) Subdivision (b) shall not become operative until both of the following occur: (1) The commission implements a cost-recovery mechanism, consistent with subdivision (d), that is applicable to customers that elected to purchase electricity from an alternate provider between February 1, 2001, and the effective date of the act adding this section. (2) The commission submits a report certifying its satisfaction of paragraph (1) to the Senate Energy, Utilities and Communications Committee, or its successor, and the Assembly Committee on Utilities and Commerce, or its successor. (d) (1) It is the intent of the Legislature that each retail end-use customer that has purchased power from an electrical corporation on or after February 1, 2001, should bear a fair share of the department’s power purchase costs, as well as power purchase contract obligations incurred as of January 1, 2003, that are recoverable from electrical corporation customers in commission-approved rates. It is the further intent of the Legislature to prevent any shifting of recoverable costs between customers. (2) The Legislature finds and declares that the provisions in this subdivision are consistent with the requirements of Section 360.5 and Division 27 (commencing with Section 80000) of the Water Code, and are therefore declaratory of existing law. (e) A retail end-use customer purchasing power from a community aggregator pursuant to subdivision (b) shall reimburse the department for all of the following: (1) A charge equivalent to the charge which would otherwise be imposed on the customer by the commission to recover bond related costs pursuant to an agreement between the commission and the Department of Water Resources pursuant to Section 80110 of the Water Code, that charge shall be payable until all obligations of the Department of Water Resources pursuant to Division 27 of the Water Code are fully paid or otherwise discharged. (2) The costs of the department, equal to the share of the department’s estimated net unavoidable power purchase contract costs attributable to the customer, as determined by the commission, for the period commencing with the customer’s purchases of electricity from a community aggregator, through the expiration of all then existing power purchase contracts entered into by the department. (f) A retail end-use customer purchasing power from a community aggregator pursuant to subdivision (b) shall reimburse the electrical corporation that previously served the customer for all of the following: (1) The electrical corporation’s unrecovered past undercollections, including all financing costs attributable to that customer, that the commission lawfully determines may be recovered in rates. (2) The costs of the electrical corporation recoverable in commission-approved rates, equal to the share of the electrical corporation’s estimated net unavoidable power purchase contract costs attributable to the customer, as determined by the commission, for the period commencing with the customer’s purchases of electricity from the community aggregator, through the expiration of all then existing power purchase contracts entered into by the electrical corporation. (g) (1) A charge or cost imposed pursuant to subdivision (e), and all revenues received to pay the charge or cost, shall be the property of the Department of Water Resources. A charge or cost imposed pursuant to subdivision (f), and all revenues received to pay the charge or cost, shall be the property of the particular electrical corporation. The commission shall establish mechanisms, including agreements with, or orders with respect to, electrical corporations necessary to assure that the revenues received to pay a charge or cost payable pursuant to this section are promptly remitted to the party entitled to those revenues. (2) A charge or cost imposed pursuant to this section shall be nonbypassable. (Added by Stats. 2002, Ch. 837, Sec. 2. Effective January 1, 2003.)
  140. 366.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    This section lets customers join community choice aggregation, gives them opt-out and continued-service rights, and requires the commission to control approval and cost recovery.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 366.2. (a) (1) Customers shall be entitled to aggregate their electrical loads as members of their local community with community choice aggregators. (2) Customers may aggregate their loads through a public process with community choice aggregators, if each customer is given an opportunity to opt out of the customer’s community’s aggregation program. (3) If a customer opts out of a community choice aggregator’s program, or has no community choice aggregation program available, that customer shall have the right to continue to be served by the existing electrical corporation or its successor in interest. (4) The implementation of a community choice aggregation program shall not result in a shifting of costs between the customers of the community choice aggregator and the bundled service customers of an electrical corporation. (5) A community choice aggregator shall be solely responsible for all generation procurement activities on behalf of the community choice aggregator’s customers, except where other generation procurement arrangements are expressly authorized by statute. (b) If a public agency seeks to serve as a community choice aggregator, it shall offer the opportunity to purchase electricity to all residential customers within its jurisdiction. (c) (1) Notwithstanding Section 366, a community choice aggregator is hereby authorized to aggregate the electrical load of interested electricity consumers within its boundaries to reduce transaction costs to consumers, provide consumer protections, and leverage the negotiation of contracts. However, the community choice aggregator shall not aggregate electrical load if that load is served by a local publicly owned electric utility. A community choice aggregator may group retail electricity customers to solicit bids, broker, and contract for electricity and energy services for those customers. The community choice aggregator may enter into agreements for services to facilitate the sale and purchase of electricity and other related services. Those service agreements may be entered into by an entity authorized to be a community choice aggregator, as defined in Section 331.1. (2) Under community choice aggregation, customer participation shall not require a positive written declaration, but each customer shall be informed of the customer’s right to opt out of the community choice aggregation program. If no negative declaration is made by a customer, that customer shall be served through the community choice aggregation program. If an existing customer moves the location of the customer’s electrical service within the jurisdiction of the community choice aggregator, the customer shall retain the same subscriber status as before the move, unless the customer affirmatively changes the customer’s subscriber status. If the customer is moving from outside to inside the jurisdiction of the community choice aggregator, customer participation shall not require a positive written declaration, but the customer shall be informed of the customer’s right to elect not to receive service through the community choice aggregator. (3) A community choice aggregator establishing electrical load aggregation pursuant to this section shall develop an implementation plan detailing the process and consequences of aggregation. The implementation plan, and any subsequent changes to it, shall be considered and adopted at a duly noticed public hearing. The implementation plan shall contain all of the following: (A) An organizational structure of the program, its operations, and its funding. (B) Ratesetting and other costs to participants. (C) Provisions for disclosure and due process in setting rates and allocating costs among participants. (D) The methods for entering and terminating agreements with other entities. (E) The rights and responsibilities of program participants, including, but not limited to, consumer protection procedures, credit issues, and shutoff procedures. (F) Termination of the program. (G) A description of the third parties that will be supplying electricity under the program, including, but not limited to, information about financial, technical, and operational capabilities. (H) The methods for ensuring procurement from small, local, and diverse business enterprises in all categories, including, but not limited to, renewable energy, energy storage system, and smart grid projects. (4) A community choice aggregator establishing electrical load aggregation shall prepare a statement of intent with the implementation plan. Any community choice load aggregation established pursuant to this section shall provide for all of the following: (A) Universal access. (B) Reliability. (C) Equitable treatment of all classes of customers. (D) Any requirements established by state law or by the commission concerning aggregated service, including those rules adopted by the commission pursuant to paragraph (3) of subdivision (b) of Section 8341 for the application of the greenhouse gases emission performance standard to community choice aggregators. (5) In order to determine the cost-recovery mechanism to be imposed on the community choice aggregator pursuant to subdivisions (d), (e), and (f) that shall be paid by the customers of the community choice aggregator to prevent shifting of costs, the community choice aggregator shall file the implementation plan with the commission, and any other information requested by the commission that the commission determines is necessary to develop the cost-recovery mechanism in subdivisions (d), (e), and (f). (6) The commission shall notify any electrical corporation serving the customers proposed for aggregation that an implementation plan initiating community choice aggregation has been filed, within 10 days of the filing. (7) Within 90 days after the community choice aggregator establishing load aggregation files its implementation plan, the commission shall certify that it has received the implementation plan, including any additional information necessary to determine a cost-recovery mechanism. After certification of receipt of the implementation plan and any additional information requested, the commission shall then provide the community choice aggregator with its findings regarding any cost recovery that must be paid by customers of the community choice aggregator to prevent a shifting of costs as provided for in subdivisions (d), (e), and (f). (8) An entity proposing community choice aggregation shall not furnish electricity to electricity consumers within its boundaries until the commission determines the cost recovery that must be paid by the customers of that proposed community choice aggregation program, as provided for in subdivisions (d), (e), and (f). The commission shall designate the earliest possible effective date for implementation of a community choice aggregation program, taking into consideration the impact on any annual procurement plan of the electrical corporation that has been approved by the commission. (9) All electrical corporations shall cooperate fully with any community choice aggregators that investigate, pursue, or implement community choice aggregation programs. Cooperation shall include providing the entities with appropriate billing and electrical load data, including, but not limited to, electrical consumption data as defined in Section 8380 and other data detailing electricity needs and patterns of usage, as determined by the commission, and in accordance with procedures established by the commission. The commission shall exercise its authority pursuant to Chapter 11 (commencing with Section 2100) to enforce the requirements of this paragraph when it finds that the requirements of this paragraph have been violated. Electrical corporations shall continue to provide all metering, billing, collection, and customer service to retail customers that participate in community choice aggregation programs. Bills sent by the electrical corporation to retail customers shall identify the community choice aggregator as providing the electrical energy component of the bill. The commission shall determine the terms and conditions under which the electrical corporation provides services to community choice aggregators and retail customers. (10) If the commission finds that an electrical corporation has violated this section, the commission shall consider the impact of the violation on community choice aggregators. (11) The commission shall proactively expedite the complaint process for disputes regarding an electrical corporation’s violation of its obligations pursuant to this section in order to provide for timely resolution of complaints made by community choice aggregation programs, so that all complaints are resolved in no more than 180 days following the filing of a complaint by a community choice aggregation program concerning the actions of the incumbent electrical corporation. This deadline may only be extended under either of the following circumstances: (A) Upon agreement of all of the parties to the complaint. (B) The commission makes a written determination that the deadline cannot be met, including findings for the reason for this determination, and issues an order extending the deadline. A single order pursuant to this subparagraph shall not extend the deadline for more than 60 days. (12) (A) An entity authorized to be a community choice aggregator, as defined in Section 331.1, that elects to implement a community choice aggregation program within its jurisdiction pursuant to this chapter, shall do so by ordinance. A city, county, or city and county may request, by affirmative resolution of its governing council or board, that another entity authorized to be a community choice aggregator act as the community choice aggregator on its behalf. If a city, county, or city and county, by resolution, requests another authorized entity be the community choice aggregator for the city, county, or city and county, that authorized entity shall be responsible for adopting the ordinance to implement the community choice aggregation program on behalf of the city, county, or city and county. (B) Two or more entities authorized to be a community choice aggregator, as defined in Section 331.1, may participate as a group in a community choice aggregation program pursuant to this chapter, through a joint powers agency established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, if each entity adopts an ordinance pursuant to subparagraph (A). Pursuant to Section 6508.1 of the Government Code, members of a joint powers agency that is a community choice aggregator may specify in the joint powers agreement that, unless otherwise agreed by the members of the agency, the debts, liabilities, and obligations of the agency shall not be the debts, liabilities, and obligations, either jointly or severally, of the members of the agency. The commission shall not, as a condition of registration or otherwise, require an agency’s members to voluntarily assume the debts, liabilities, and obligations of the agency to the electrical corporation unless the commission finds that the agreement by the agency’s members is the only reasonable means by which the agency may establish its creditworthiness under the electrical corporation’s tariff to pay charges to the electrical corporation under the tariff. (13) Following adoption of aggregation through the ordinance described in paragraph (12), the program shall allow any retail customer to opt out and to continue to be served as a bundled service customer by the existing electrical corporation, or its successor in interest. Delivery services shall be provided at the same rates, terms, and conditions, as approved by the commission, for community choice aggregation customers and customers that have entered into a direct transaction where applicable, as determined by the commission. Once enrolled in the aggregated entity, any ratepayer that chooses to opt out within 60 days or two billing cycles of the date of enrollment may do so without penalty and shall be entitled to receive default service pursuant to paragraph (3) of subdivision (a). Customers that return to the electrical corporation for procurement services shall be subject to the same terms and conditions as are applicable to other returning direct access customers from the same class, as determined by the commission, as authorized by the commission pursuant to this code or any other law, except that those customers shall be subject to no more than a 12-month stay requirement with the electrical corporation. Any reentry fees to be imposed after the opt-out period specified in this paragraph, shall be approved by the commission and shall reflect the cost of reentry. The commission shall exclude any amounts previously determined and paid pursuant to subdivisions (d), (e), and (f) from the cost of reentry. (14) This section does not authorize any city or any community choice retail load aggregator to restrict the ability of retail electricity customers to obtain or receive service from any authorized electric service provider in a manner consistent with law. (15) (A) The community choice aggregator shall fully inform participating customers at least twice within two calendar months, or 60 days, in advance of the date of commencing automatic enrollment. Notifications may occur concurrently with billing cycles. Following enrollment, the aggregated entity shall fully inform participating customers for not less than two consecutive billing cycles. Notification may include, but is not limited to, direct mailings to customers, or inserts in water, sewer, or other utility bills. Any notification shall inform customers of both of the following: (i) That the customer is to be automatically enrolled and that the customer has the right to opt out of the community choice aggregator without penalty. (ii) The terms and conditions of the services offered. (B) The community choice aggregator may request the commission to approve and order the electrical corporation to provide the notification required in subparagraph (A). If the commission orders the electrical corporation to send one or more of the notifications required pursuant to subparagraph (A) in the electrical corporation’s normally scheduled monthly billing process, the electrical corporation shall be entitled to recover from the community choice aggregator all reasonable incremental costs it incurs related to the notification or notifications. The electrical corporation shall fully cooperate with the community choice aggregator in determining the feasibility and costs associated with using the electrical corporation’s normally scheduled monthly billing process to provide one or more of the notifications required pursuant to subparagraph (A). (C) Each notification shall also include a mechanism by which a ratepayer may opt out of community choice aggregated service. The opt out may take the form of a self-addressed return postcard indicating the customer’s election to remain with, or return to, electrical service provided by the electrical corporation, or another straightforward means by which the customer may elect to derive electrical service through the electrical corporation providing service in the area. (16) A community choice aggregator shall have an operating service agreement with the electrical corporation before furnishing electric service to consumers within its jurisdiction. The service agreement shall include performance standards that govern the business and operational relationship between the community choice aggregator and the electrical corporation. The commission shall ensure that any service agreement between the community choice aggregator and the electrical corporation includes equitable responsibilities and remedies for all parties. The parties may negotiate specific terms of the service agreement, provided that the service agreement is consistent with this chapter. (17) The community choice aggregator shall register with the commission, which may require additional information to ensure compliance with basic consumer protection rules and other procedural matters. (18) Once the community choice aggregator’s contract is signed, the community choice aggregator shall notify the applicable electrical corporation that community choice service will commence within 30 days. (19) Once notified of a community choice aggregator program, the electrical corporation shall transfer all applicable accounts to the new supplier within a 30-day period from the date of the close of the electrical corporation’s normally scheduled monthly metering and billing process. (20) An electrical corporation shall recover from the community choice aggregator any costs reasonably attributable to the community choice aggregator, as determined by the commission, of implementing this section, including, but not limited to, all business and information system changes, except for transaction-based costs as described in this paragraph. Any costs not reasonably attributable to a community choice aggregator shall be recovered from ratepayers, as determined by the commission. All reasonable transaction-based costs of notices, billing, metering, collections, and customer communications or other services provided to an aggregator or its customers shall be recovered from the aggregator or its customers on terms and at rates to be approved by the commission. (21) At the request and expense of any community choice aggregator, electrical corporations shall install, maintain, and calibrate metering devices at mutually agreeable locations within or adjacent to the community choice aggregator’s political boundaries. The electrical corporation shall read the metering devices and provide the data collected to the community choice aggregator at the aggregator’s expense. To the extent that the community choice aggregator requests a metering location that would require alteration or modification of a circuit, the electrical corporation shall only be required to alter or modify a circuit if such alteration or modification does not compromise the safety, reliability, or operational flexibility of the electrical corporation’s facilities. All costs incurred to modify circuits pursuant to this paragraph shall be borne by the community choice aggregator. (d) (1) It is the intent of the Legislature that each retail end-use customer that has purchased electricity from an electrical corporation on or after February 1, 2001, should bear a fair share of the Department of Water Resources’ electricity purchase costs, and electricity purchase contract obligations incurred as of the effective date of the act adding this section, that are recoverable from electrical corporation customers in commission-approved rates. It is further the intent of the Legislature to prevent any shifting of recoverable costs between customers. (2) The Legislature finds and declares that this subdivision is consistent with the requirements of Division 27 (commencing with Section 80000) of the Water Code and Section 360.5 of this code, and is therefore declaratory of existing law. (e) A retail end-use customer that purchases electricity from a community choice aggregator pursuant to this section shall pay both of the following: (1) A charge equivalent to the charges that would otherwise be imposed on the customer by the commission to recover bond-related costs pursuant to any agreement between the commission and the Department of Water Resources pursuant to Section 80110 of the Water Code, which charge shall be payable until any obligations of the Department of Water Resources pursuant to Division 27 (commencing with Section 80000) of the Water Code are fully paid or otherwise discharged. (2) Any additional costs of the Department of Water Resources, equal to the customer’s proportionate share of the Department of Water Resources’ estimated net unavoidable electricity purchase contract costs as determined by the commission, for the period commencing with the customer’s purchases of electricity from the community choice aggregator, through the expiration of all then existing electricity purchase contracts entered into by the Department of Water Resources. (f) A retail end-use customer purchasing electricity from a community choice aggregator pursuant to this section shall reimburse the electrical corporation that previously served the customer for all of the following: (1) The electrical corporation’s unrecovered past undercollections for electricity purchases, including any financing costs, attributable to that customer, that the commission lawfully determines may be recovered in rates. (2) Any additional costs of the electrical corporation recoverable in commission-approved rates, equal to the share of the electrical corporation’s estimated net unavoidable electricity purchase contract costs attributable to the customer, as determined by the commission, for the period commencing with the customer’s purchases of electricity from the community choice aggregator, through the expiration of all then existing electricity purchase contracts entered into by the electrical corporation. (g) Estimated net unavoidable electricity costs paid by the customers of a community choice aggregator shall be reduced by the value of any benefits that remain with bundled service customers, unless the customers of the community choice aggregator are allocated a fair and equitable share of those benefits. (h) (1) Any charges imposed pursuant to subdivision (e) shall be the property of the Department of Water Resources. Any charges imposed pursuant to subdivision (f) shall be the property of the electrical corporation. The commission shall establish mechanisms, including agreements with, or orders with respect to, electrical corporations necessary to ensure that charges payable pursuant to this section shall be promptly remitted to the party entitled to payment. (2) Charges imposed pursuant to subdivisions (d), (e), and (f) shall be nonbypassable. (i) The commission shall authorize community choice aggregation only if the commission imposes a cost-recovery mechanism pursuant to subdivisions (d), (e), (f), and (h). Except as provided by this subdivision, this section shall not alter the suspension by the commission of direct purchases of electricity from alternate providers other than by community choice aggregators, pursuant to Section 365.1. (j) (1) The commission shall not authorize community choice aggregation until it implements a cost-recovery mechanism, consistent with subdivisions (d), (e), and (f), that is applicable to customers that elected to purchase electricity from an alternate provider between February 1, 2001, and January 1, 2003. (2) The commission shall not authorize community choice aggregation until it has adopted rules for implementing community choice aggregation. (k) (1) Except for nonbypassable charges imposed by the commission pursuant to subdivisions (d), (e), (f), and (h), and programs authorized by the commission to provide broader statewide or regional benefits to all customers, electric service customers of a community choice aggregator shall not be required to pay nonbypassable charges for goods, services, or programs that do not benefit either, or where applicable, both, the customer and the community choice aggregator serving the customer. (2) The commission, the Energy Commission, an electrical corporation, or a third-party administrator shall administer any program funded through a nonbypassable charge on a nondiscriminatory basis so that the electric service customers of a community choice aggregator may participate in the program on an equal basis with the customers of an electrical corporation. (3) This subdivision does not modify, or prohibit the use of, charges funding programs for the benefit of low-income customers. (l) (1) An electrical corporation shall not terminate the services of a community choice aggregator unless authorized by a vote of the full commission. The commission shall ensure that before authorizing a termination of service, that the community choice aggregator has been provided adequate notice and a reasonable opportunity to be heard regarding any electrical corporation contentions in support of termination. If the contentions made by the electrical corporation in favor of termination include factual claims, the community choice aggregator shall be afforded an opportunity to address those claims in an evidentiary hearing. (2) Notwithstanding paragraph (1), if the Independent System Operator has transferred the community choice aggregator’s scheduling coordination responsibilities to the incumbent electrical corporation, an administrative law judge or assigned commissioner, after providing the aggregator with notice and an opportunity to respond, may suspend the aggregator’s service to customers pending a full vote of the commission. (m) (1) The commission shall require each community choice aggregator with gross annual revenues exceeding fifteen million dollars ($15,000,000) to annually submit a detailed and verifiable plan to the commission for increasing procurement from small, local, and diverse business enterprises in all categories, including, but not limited to, renewable energy, energy storage system, and smart grid projects. (2) (A) The commission shall require each community choice aggregator with gross annual revenues exceeding fifteen million dollars ($15,000,000) to annually submit a report to the commission regarding its procurement from women, minority, disabled veteran, and LGBT business enterprises in all categories, including, but not limited to, renewable energy, energy storage system, and smart grid projects. (B) The report shall be in a form that the commission may require and shall be submitted by an annual date that the commission shall designate. (C) The report shall include women, minority, disabled veteran, and LGBT business enterprises with whom a prime contractor or grantee of a community choice aggregator has engaged in contracts or subcontracts for all categories, including, but not limited to, renewable energy, energy storage system, and smart grid projects. (3) The Legislature declares that each community choice aggregator that is not required to submit a plan pursuant to this subdivision is encouraged to voluntarily adopt a plan for increasing procurement from small, local, and diverse business enterprises in all categories. (n) Any meeting of an entity authorized to be a community choice aggregator, as defined in Section 331.1, for the purpose of developing, implementing, or administering a program of community choice aggregation shall be conducted in the manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (o) (1) As part of each annual report required pursuant to subdivision (m), each community choice aggregator shall provide all of the following information in the aggregate: (A) The number of new contractors and subcontractors certified pursuant to General Order 156 with which it contracted. (B) The total dollar amounts expended with in-state contractors certified under General Order 156. (C) The total dollar amounts expended with in-state subcontractors certified under General Order 156. (D) The percentage of the total workforce used by contractors and subcontractors that reside in California. (E) Data regarding the diversity of contractor or subcontractor workforces, to the extent that the data is provided voluntarily by the employees of the contractor or subcontractor. (2) A community choice aggregator may use data provided to the commission pursuant to subdivision (b) of Section 8284 to satisfy the requirements of paragraph (1). (p) For purposes of this section, “disabled veteran business enterprise,” “LGBT business enterprise,” “minority business enterprise,” “renewable energy project,” and “women business enterprise,” are defined as in Section 8282. (Amended by Stats. 2024, Ch. 784, Sec. 1. (SB 1177) Effective January 1, 2025.)
  141. 366.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    Bundled retail customers of an electrical corporation and departing load should not face cost increases from the specified community choice aggregator-related cost allocations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 366.3. Bundled retail customers of an electrical corporation shall not experience any cost increase as a result of the implementation of a community choice aggregator program. The commission shall also ensure that departing load does not experience any cost increases as a result of an allocation of costs that were not incurred on behalf of the departing load. (Added by Stats. 2015, Ch. 547, Sec. 15. (SB 350) Effective January 1, 2016.)
  142. 366.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    Electric power suppliers must verify and record customer consent before switching service, and they cannot use the information for marketing.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 366.5. (a) No change in the aggregator or supplier of electric power for any small commercial customer may be made until one of the following means of confirming the change has been completed: (1) Independent third-party telephone verification. (2) Receipt of a written confirmation received in the mail from the consumer after the consumer has received an information package confirming the agreement. (3) The customer signs a document fully explaining the nature and effect of the change in service. (4) The customer’s consent is obtained through electronic means, including, but not limited to, computer transactions. (b) No change in the aggregator or provider of electric power for any residential customer may be made over the telephone until the change has been confirmed by an independent third-party verification company, as follows: (1) The third-party verification company shall meet each of the following criteria: (A) Be independent from the entity that seeks to provide the new service. (B) Not be directly or indirectly managed, controlled, or directed, or owned wholly or in part, by an entity that seeks to provide the new service or by any corporation, firm, or person who directly or indirectly manages, controls, or directs, or owns more than 5 percent of the entity. (C) Operate from facilities physically separate from those of the entity that seeks to provide the new service. (D) Not derive commission or compensation based upon the number of sales confirmed. (2) The entity seeking to verify the sale shall do so by connecting the resident by telephone to the third-party verification company or by arranging for the third-party verification company to call the customer to confirm the sale. (3) The third-party verification company shall obtain the customer’s oral confirmation regarding the change, and shall record that confirmation by obtaining appropriate verification data. The record shall be available to the customer upon request. Information obtained from the customer through confirmation shall not be used for marketing purposes. Any unauthorized release of this information is grounds for a civil suit by the aggrieved resident against the entity or its employees who are responsible for the violation. (4) Notwithstanding paragraphs (1), (2), and (3), an aggregator or provider of electric power shall not be required to comply with these provisions when the customer directly calls an aggregator or provider of electric power to change service providers. However, an aggregator or provider of electric power shall not avoid the verification requirements by asking a customer to contact an aggregator or provider of electric power directly to make any change in the service provider. (c) No change in the aggregator or provider of electric power for any residential customer may be made via an Internet transaction, in which the customer accesses the website of the aggregator or provider, unless both of the following occur with respect to confirming the change: (1) In addition to any other information gathered in the course of the transaction, the customer shall be asked to read and respond to a separate screen that states, in easily legible text, the following: “I acknowledge that in entering this transaction I am voluntarily choosing to change the entity that supplies me with my electric power.” (2) The separate screen shall offer the customer the option to complete or terminate the transaction. (d) (1) No change in the aggregator or provider of electric power for any residential customer may be made via a written transaction unless the change has been confirmed, as provided in this subdivision. In order to comply with this subdivision, in addition to any other information gathered in the course of the transaction, and in addition to any other signature required, the customer shall be asked to sign and date a document separate from that written transaction, containing the following words printed in 10-point type or larger: “I acknowledge that in signing this contract or agreement, I am voluntarily choosing to change the entity that supplies me with electric power.” (2) The acknowledgment document described in paragraph (1) may not be included with a check or in connection with a sweepstakes solicitation. (e) Any aggregator or provider of electric power offering electricity service to residential and small commercial customers that switches the electric service of a customer without the customer’s consent shall be liable to the aggregator or provider of electric power offering electricity services previously selected by the customer in an amount equal to all charges paid by the customer after the violation and shall refund to the customer any amount in excess of the amount that the customer would have been obligated to pay had the customer not been switched. (f) An aggregator or provider of electric power shall keep a record of the confirmation of a change pursuant to subdivision (b), (c), or (d) for two years from the date of that confirmation, and shall make those records available, upon request, to the customer and to the commission in the course of a commission investigation of a customer complaint or an investigation pursuant to subdivision (c) of Section 394.2. (g) Public agencies are exempt from this section to the extent they are serving customers within their jurisdiction. (h) Notwithstanding subdivisions (c) and (d), the commission may require third-party verification for all residential changes to electric service providers if it finds that the application of subdivisions (c) and (d) results in the unauthorized changing of a customer’s electric service provider. (i) An electrical corporation is exempt from this section for customers that default to the service of the electrical corporation. (j) Electric power sold to customers pursuant to Section 80100 of the Water Code is not subject to this section. (Amended by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 3. Effective February 1, 2001.)
  143. 367.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must identify and recover specified transition and uneconomic costs, allocate them among customer classes under set rules, and keep existing cost-allocation authority subject to firewall and rate-freeze limits.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 367. The commission shall identify and determine those costs and categories of costs for generation-related assets and obligations, consisting of generation facilities, generation-related regulatory assets, nuclear settlements, and power purchase contracts, including, but not limited to, restructurings, renegotiations or terminations thereof approved by the commission, that were being collected in commission-approved rates on December 20, 1995, and that may become uneconomic as a result of a competitive generation market, in that these costs may not be recoverable in market prices in a competitive market, and appropriate costs incurred after December 20, 1995, for capital additions to generating facilities existing as of December 20, 1995, that the commission determines are reasonable and should be recovered, provided that these additions are necessary to maintain the facilities through December 31, 2001. These uneconomic costs shall include transition costs as defined in subdivision (f) of Section 840, and shall be recovered from all customers or in the case of fixed transition amounts, from the customers specified in subdivision (a) of Section 841, on a nonbypassable basis and shall: (a) Be amortized over a reasonable time period, including collection on an accelerated basis, consistent with not increasing rates for any rate schedule, contract, or tariff option above the levels in effect on June 10, 1996; provided that, the recovery shall not extend beyond December 31, 2001, except as follows: (1) Costs associated with employee-related transition costs as set forth in subdivision (b) of Section 375 shall continue until fully collected; provided, however, that the cost collection shall not extend beyond December 31, 2006. (2) Power purchase contract obligations shall continue for the duration of the contract. Costs associated with any buy-out, buy-down, or renegotiation of the contracts shall continue to be collected for the duration of any agreement governing the buy-out, buy-down, or renegotiated contract; provided, however, no power purchase contract shall be extended as a result of the buy-out, buy-down, or renegotiation. (3) Costs associated with contracts approved by the commission to settle issues associated with the Biennial Resource Plan Update may be collected through March 31, 2002; provided that only 80 percent of the balance of the costs remaining after December 31, 2001, shall be eligible for recovery. (4) Nuclear incremental cost incentive plans for the San Onofre nuclear generating station shall continue for the full term as authorized by the commission in Decision 96-01-011 and Decision 96-04-059; provided that the recovery shall not extend beyond December 31, 2003. (5) Costs associated with the exemptions provided in subdivision (a) of Section 374 may be collected through March 31, 2002, provided that only fifty million dollars ($50,000,000) of the balance of the costs remaining after December 31, 2001, shall be eligible for recovery. (6) Fixed transition amounts, as defined in subdivision (d) of Section 840, may be recovered from the customers specified in subdivision (a) of Section 841 until all rate reduction bonds associated with the fixed transition amounts have been paid in full by the financing entity. (b) Be based on a calculation mechanism that nets the negative value of all above market utility-owned generation-related assets against the positive value of all below market utility-owned generation related assets. For those assets subject to valuation, the valuations used for the calculation of the uneconomic portion of the net book value shall be determined not later than December 31, 2001, and shall be based on appraisal, sale, or other divestiture. The commission’s determination of the costs eligible for recovery and of the valuation of those assets at the time the assets are exposed to market risk or retired, in a proceeding under Section 455.5, 851, or otherwise, shall be final, and notwithstanding Section 1708 or any other provision of law, may not be rescinded, altered or amended. (c) Be limited in the case of utility-owned fossil generation to the uneconomic portion of the net book value of the fossil capital investment existing as of January 1, 1998, and appropriate costs incurred after December 20, 1995, for capital additions to generating facilities existing as of December 20, 1995, that the commission determines are reasonable and should be recovered, provided that the additions are necessary to maintain the facilities through December 31, 2001. All “going forward costs” of fossil plant operation, including operation and maintenance, administrative and general, fuel and fuel transportation costs, shall be recovered solely from independent Power Exchange revenues or from contracts with the Independent System Operator, provided that for the purposes of this chapter, the following costs may be recoverable pursuant to this section: (1) Commission-approved operating costs for particular utility-owned fossil powerplants or units, at particular times when reactive power/voltage support is not yet procurable at market-based rates in locations where it is deemed needed for the reactive power/voltage support by the Independent System Operator, provided that the units are otherwise authorized to recover market-based rates and provided further that for an electrical corporation that is also a gas corporation and that serves at least four million customers as of December 20, 1995, the commission shall allow the electrical corporation to retain any earnings from operations of the reactive power/voltage support plants or units and shall not require the utility to apply any portions to offset recovery of transition costs. Cost recovery under the cost recovery mechanism shall end on December 31, 2001. (2) An electrical corporation that, as of December 20, 1995, served at least four million customers, and that was also a gas corporation that served less than four thousand customers, may recover, pursuant to this section, 100 percent of the uneconomic portion of the fixed costs paid under fuel and fuel transportation contracts that were executed prior to December 20, 1995, and were subsequently determined to be reasonable by the commission, or 100 percent of the buy-down or buy-out costs associated with the contracts to the extent the costs are determined to be reasonable by the commission. (d) Be adjusted throughout the period through March 31, 2002, to track accrual and recovery of costs provided for in this subdivision. Recovery of costs prior to December 31, 2001, shall include a return as provided for in Decision 95-12-063, as modified by Decision 96-01-009, together with associated taxes. (e) (1) Be allocated among the various classes of customers, rate schedules, and tariff options to ensure that costs are recovered from these classes, rate schedules, contract rates, and tariff options, including self-generation deferral, interruptible, and standby rate options in substantially the same proportion as similar costs are recovered as of June 10, 1996, through the regulated retail rates of the relevant electric utility, provided that there shall be a firewall segregating the recovery of the costs of competition transition charge exemptions such that the costs of competition transition charge exemptions granted to members of the combined class of residential and small commercial customers shall be recovered only from these customers, and the costs of competition transition charge exemptions granted to members of the combined class of customers, other than residential and small commercial customers, shall be recovered only from these customers. (2) Individual customers shall not experience rate increases as a result of the allocation of transition costs. However, customers who elect to purchase energy from suppliers other than the Power Exchange through a direct transaction, may incur increases in the total price they pay for electricity to the extent the price for the energy exceeds the Power Exchange price. (3) The commission shall retain existing cost allocation authority, provided the firewall and rate freeze principles are not violated. (Amended by Stats. 1997, Ch. 275, Sec. 7. Effective August 15, 1997.)
  144. 367.7.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must set up a method for calculating Power Exchange energy credits for certain customers, and some customers may choose between actual hourly data and an average load profile.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 367.7. (a) It is the intent of the Legislature in enacting this section to ensure that individual customers do not experience rate increases as a result of the allocation of transition costs, in accordance with paragraph (2) of subdivision (e) of Section 367. (b) The commission shall implement a methodology whereby the Power Exchange energy credit for a customer with a meter installed on or after June 30, 2000, that is capable of recording hourly data is calculated based on the actual hourly data for that customer. The Power Exchange energy credit for a customer with a meter installed before June 30, 2000, that is capable of recording hourly data shall, at the election of the customer, on a one-time basis before June 30, 2000, be calculated based on either (1) the actual hourly data for that customer or (2) the average load profile for that customer class. If the customer fails to make an election, that customer’s Power Exchange energy credit shall continue to be based on the average load profile for that customer class. (c) Additional incremental billing costs incurred as a result of the methodology implemented by the commission pursuant to subdivision (b) may be recoverable through rates for that customer class, if the commission finds that the costs are reasonable. (d) The methodology implemented by the commission pursuant to subdivisions (b) and (c) shall not result in any shifts in cost between customer classes and shall be consistent with the firewall provision set forth in subdivision (e) of Section 367. (Added by Stats. 1999, Ch. 408, Sec. 1. Effective January 1, 2000.)
  145. 368.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    Electrical corporations must submit a cost recovery plan to the commission, and the commission must approve recovery if the plan meets listed criteria.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 368. Each electrical corporation shall propose a cost recovery plan to the commission for the recovery of the uneconomic costs of an electrical corporation’s generation-related assets and obligations identified in Section 367. The commission shall authorize the electrical corporation to recover the costs pursuant to the plan if the plan meets the following criteria: (a) The cost recovery plan shall set rates for each customer class, rate schedule, contract, or tariff option, at levels equal to the level as shown on electric rate schedules as of June 10, 1996, provided that rates for residential and small commercial customers shall be reduced so that these customers shall receive rate reductions of no less than 10 percent for 1998 continuing through 2002. These rate levels for each customer class, rate schedule, contract, or tariff option shall remain in effect until the earlier of March 31, 2002, or the date on which the commission-authorized costs for utility generation-related assets and obligations have been fully recovered. The electrical corporation shall be at risk for those costs not recovered during that time period. Each utility shall amortize its total uneconomic costs, to the extent possible, such that for each year during the transition period its recorded rate of return on the remaining uneconomic assets does not exceed its authorized rate of return for those assets. For purposes of determining the extent to which the costs have been recovered, any over-collections recorded in Energy Costs Adjustment Clause and Electric Revenue Adjustment Mechanism balancing accounts, as of December 31, 1996, shall be credited to the recovery of the costs. (b) The cost recovery plan shall provide for identification and separation of individual rate components such as charges for energy, transmission, distribution, public benefit programs, and recovery of uneconomic costs. The separation of rate components required by this subdivision shall be used to ensure that customers of the electrical corporation who become eligible to purchase electricity from suppliers other than the electrical corporation pay the same unbundled component charges, other than energy, that a bundled service customer pays. No cost shifting among customer classes, rate schedules, contract, or tariff options shall result from the separation required by this subdivision. Nothing in this provision is intended to affect the rates, terms, and conditions or to limit the use of any Federal Energy Regulatory Commission-approved contract entered into by the electrical corporation prior to the effective date of this provision. (c) In consideration of the risk that the uneconomic costs identified in Section 367 may not be recoverable within the period identified in subdivision (a) of Section 367, an electrical corporation that, as of December 20, 1995, served more than four million customers, and was also a gas corporation that served less than four thousand customers, shall have the flexibility to employ risk management tools, such as forward hedges, to manage the market price volatility associated with unexpected fluctuations in natural gas prices, and the out-of-pocket costs of acquiring the risk management tools shall be considered reasonable and collectible within the transition freeze period. This subdivision applies only to the transaction costs associated with the risk management tools and shall not include any losses from changes in market prices. (d) In order to ensure implementation of the cost recovery plan, the limitation on the maximum amount of cost recovery for nuclear facilities that may be collected in any year adopted by the commission in Decision 96-01-011 and Decision 96-04-059 shall be eliminated to allow the maximum opportunity to collect the nuclear costs within the transition cap period. (e) As to an electrical corporation that is also a gas corporation serving more than four million California customers, so long as any cost recovery plan adopted in accordance with this section satisfies subdivision (a), it shall also provide for annual increases in base revenues, effective January 1, 1997, and January 1, 1998, equal to the inflation rate for the prior year plus two percentage points, as measured by the consumer price index. The increase shall do both of the following: (1) Remain in effect pending the next general rate case review, which shall be filed not later than December 31, 1997, for rates that would become effective in January 1999. For purposes of any commission-approved performance-based ratemaking mechanism or general rate case review, the increases in base revenue authorized by this subdivision shall create no presumption that the level of base revenue reflecting those increases constitute the appropriate starting point for subsequent revenues. (2) Be used by the utility for the purposes of enhancing its transmission and distribution system safety and reliability, including, but not limited to, vegetation management and emergency response. To the extent the revenues are not expended for system safety and reliability, they shall be credited against subsequent safety and reliability base revenue requirements. Any excess revenues carried over shall not be used to pay any monetary sanctions imposed by the commission. (f) The cost recovery plan shall provide the electrical corporation with the flexibility to manage the renegotiation, buy-out, or buy-down of the electrical corporation’s power purchase obligations, consistent with review by the commission to assure that the terms provide net benefits to ratepayers and are otherwise reasonable in protecting the interests of both ratepayers and shareholders. (g) An example of a plan authorized by this section is the document entitled “Restructuring Rate Settlement” transmitted to the commission by Pacific Gas and Electric Company on June 12, 1996. (Amended by Stats. 1997, Ch. 17, Sec. 125. Effective January 1, 1998.)
  146. 368.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission may not impose rate increases or future rate obligations on residential and small commercial customers solely because the 10-percent rate reduction ended.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 368.5. (a) Notwithstanding any other provision of law, upon the termination of the 10-percent rate reduction for residential and small commercial customers set forth in subdivision (a) of Section 368, the commission may not subject those residential and small commercial customers to any rate increases or future rate obligations solely as a result of the termination of the 10-percent rate reduction. (b) The provisions of subdivision (a) do not affect the authority of the commission to raise rates for reasons other than the termination of the 10-percent rate reduction set forth in subdivision (a) of Section 368. (c) Nothing in this section shall further extend the authority to impose fixed transition amounts, as defined in subdivision (d) of Section 840, or further authorize or extend rate reduction bonds, as defined in subdivision (e) of Section 840. (Added by Stats. 2001, 2nd Ex. Sess., Ch. 7, Sec. 2. Effective August 8, 2002.)
  147. 369.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must set up a mechanism to recover certain transition costs from electricity consumers, subject to listed conditions and exceptions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 369. The commission shall establish an effective mechanism that ensures recovery of transition costs referred to in Sections 367, 368, 375, and 376, and subject to the conditions in Sections 371 to 374, inclusive, from all existing and future consumers in the service territory in which the utility provided electricity services as of December 20, 1995; provided, that the costs shall not be recoverable for new customer load or incremental load of an existing customer where the load is being met through a direct transaction and the transaction does not otherwise require the use of transmission or distribution facilities owned by the utility. However, the obligation to pay the competition transition charges cannot be avoided by the formation of a local publicly owned electrical corporation on or after December 20, 1995, or by annexation of any portion of an electrical corporation’s service area by an existing local publicly owned electric utility. This section shall not apply to service taken under tariffs, contracts, or rate schedules that are on file, accepted, or approved by the Federal Energy Regulatory Commission, unless otherwise authorized by the Federal Energy Regulatory Commission. (Added by Stats. 1996, Ch. 854, Sec. 10. Effective September 24, 1996.)
  148. 369.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must develop a residential energy-cost framework by December 31, 2026 and report it to the Legislature.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 369.5. (a) On or before December 31, 2026, the commission, in consultation with the Energy Commission, shall develop a framework for assessing, tracking, and analyzing total annual energy costs paid by residential households in California. The framework shall include all of the following: (1) A methodology for identifying, categorizing, and quantifying major residential household energy sources. (2) The total annual energy costs borne by residential households. (3) Annual costs for major residential household energy sources, including, but not limited to, electricity, natural gas, propane, gasoline, and diesel. (4) Changes in the total annual energy costs for residential households over time. (5) The relative contributions of different energy sources to the total annual energy costs borne by residential households. (6) The annual growth rate of energy costs for residential households by energy source. (7) Projections of possible future total energy costs for residential households for the next 10 years. (8) Scenarios of actions that may lead to a 5 percent, 10 percent, and 15 percent reduction in total annual energy costs paid by residential households in 2035, relative to 2024 total annual energy costs after adjusting for inflation. (9) An assessment of the actions identified pursuant to paragraph (8) and the effects they may have on public health and safety, electrical and gas system reliability, and the achievement of the state’s 2045 clean electricity goal developed pursuant to Section 454.53 and the state’s 2045 carbon neutrality goal developed pursuant to Section 38562.2 of the Health and Safety Code. (b) The commission may use the total annual energy cost framework pursuant to subdivision (a) for purposes of evaluating any request by an electrical corporation and gas corporation to track new spending eligible for recovery or to adjust a revenue requirement. In evaluating any such request, the commission shall consider whether the electrical corporation and gas corporation should take additional actions to achieve the reductions in total annual energy costs identified in paragraph (8) of subdivision (a). (c) (1) On or before December 31, 2026, the commission shall submit a report to the Legislature containing the framework and the information in subdivision (a). (2) Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on December 31, 2030. (Added by Stats. 2024, Ch. 762, Sec. 2. (AB 3264) Effective January 1, 2025. Inoperative December 31, 2030, by its own provisions.)
  149. 370.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must require California consumers who use Section 365 direct transactions to pay specified costs directly to the local electrical corporation, and customers may need written confirmation if they do not use the corporation’s facilities.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 370. The commission shall require, as a prerequisite for any consumer in California to engage in direct transactions permitted in Section 365, that beginning with the commencement of these direct transactions, the consumer shall have an obligation to pay the costs provided in Sections 367, 368, 375, and 376, and subject to the conditions in Sections 371 to 374, inclusive, directly to the electrical corporation providing electricity service in the area in which the consumer is located. This obligation shall be set forth in the applicable rate schedule, contract, or tariff option under which the customer is receiving service from the electrical corporation. To the extent the consumer does not use the electrical corporation’s facilities for direct transaction, the obligation to pay shall be confirmed in writing, and the customer shall be advised by any electricity marketer engaged in the transaction of the requirement that the customer execute a confirmation. The requirement for marketers to inform customers of the written requirement shall cease on January 1, 2002. (Added by Stats. 1996, Ch. 854, Sec. 10. Effective September 24, 1996.)
  150. 371.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The section says uneconomic costs are applied to each customer based on electricity purchased, with specified exceptions and adjustments for normal business changes.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 371. (a) Except as provided in Sections 372 and 374, the uneconomic costs provided in Sections 367, 368, 375, and 376 shall be applied to each customer based on the amount of electricity purchased by the customer from an electrical corporation or alternate supplier of electricity, subject to changes in usage occurring in the normal course of business. (b) Changes in usage occurring in the normal course of business are those resulting from changes in business cycles, termination of operations, departure from the utility service territory, weather, reduced production, modifications to production equipment or operations, changes in production or manufacturing processes, fuel switching, including installation of fuel cells pending a contrary determination by the Energy Commission, enhancement or increased efficiency of equipment or performance of existing self-cogeneration equipment, replacement of existing cogeneration equipment with new power generation equipment of similar size as described in paragraph (1) of subdivision (a) of Section 372, installation of demand-side management equipment or facilities, energy conservation efforts, or other similar factors. (c) This section does not exempt or alter the obligation of a customer to comply with Chapter 5 (commencing with Section 119075) of Part 15 of Division 104 of the Health and Safety Code. This section does not limit the ability of residential customers to alter their pattern of electricity purchases by activities on the customer side of the meter. (d) Enhancement or increased efficiency of equipment, as described in subdivision (b), shall include industrial process heat recovery technology that meets the requirements of Section 451.7. (Amended by Stats. 2024, Ch. 700, Sec. 2. (AB 2109) Effective January 1, 2025.)
  151. 372.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    This section directs the commission to apply and limit uneconomic costs for certain cogeneration and self-generation arrangements, and gives some customers limited options to keep service, make direct electricity purchases, or build comparable facilities.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 372. (a) It is the policy of the state to encourage and support the development of cogeneration as an efficient, environmentally beneficial, competitive energy resource that will enhance the reliability of local generation supply, and promote local business growth. Subject to the specific conditions provided in this section, the commission shall determine the applicability to customers of uneconomic costs as specified in Sections 367, 368, 375, and 376. Consistent with this state policy, the commission shall provide that these costs shall not apply to any of the following: (1) To load served onsite or under an over-the-fence arrangement by a nonmobile self-cogeneration or cogeneration facility that was operational on or before December 20, 1995, or by increases in the capacity of a facility to the extent that the increased capacity was constructed by an entity holding an ownership interest in or operating the facility and does not exceed 120 percent of the installed capacity as of December 20, 1995, provided that before June 30, 2000, the costs shall apply to over-the-fence arrangements entered into after December 20, 1995, between unaffiliated parties. For the purposes of this subdivision, “affiliated” means any person or entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with another specified entity. “Control” means either of the following: (A) The possession, directly or indirectly, of the power to direct or to cause the direction of the management or policies of a person or entity, whether through an ownership, beneficial, contractual, or equitable interest. (B) Direct or indirect ownership of at least 25 percent of an entity, whether through an ownership, beneficial, or equitable interest. (2) To load served onsite or under an over-the-fence arrangement by a nonmobile self-cogeneration or cogeneration facility for which the customer was committed to construction as of December 20, 1995, provided that the facility was substantially operational on or before January 1, 1998, or by increases in the capacity of a facility to the extent that the increased capacity was constructed by an entity holding an ownership interest in or operating the facility and does not exceed 120 percent of the installed capacity as of January 1, 1998, provided that before June 30, 2000, the costs shall apply to over-the-fence arrangements entered into after December 20, 1995, between unaffiliated parties. (3) To load served by existing, new, or portable emergency generation equipment used to serve the customer’s load requirements during periods when utility service is unavailable, provided the emergency generation is not operated in parallel with the integrated electric grid, except on a momentary parallel basis. (4) After June 30, 2000, to any load served onsite or under an over-the-fence arrangement by any nonmobile self-cogeneration or cogeneration facility. (b) Further, consistent with state policy, with respect to self-cogeneration or cogeneration deferral agreements, the commission shall do the following: (1) Provide that a utility shall execute a final self-cogeneration or cogeneration deferral agreement with any customer that, on or before December 20, 1995, had executed a letter of intent (or similar documentation) to enter into the agreement with the utility, provided that the final agreement shall be consistent with the terms and conditions set forth in the letter of intent and the commission shall review and approve the final agreement. (2) Provide that a customer that holds a self-cogeneration or cogeneration deferral agreement that was in place on or before December 20, 1995, or that was executed pursuant to paragraph (1) in the event the agreement expires, or is terminated, may do any of the following: (A) Continue through December 31, 2001, to receive utility service at the rate and under terms and conditions applicable to the customer under the deferral agreement that, as executed, includes an allocation of uneconomic costs consistent with subdivision (e) of Section 367. (B) Engage in a direct transaction for the purchase of electricity and pay uneconomic costs consistent with Sections 367, 368, 375, and 376. (C) Construct a self-cogeneration or cogeneration facility of approximately the same capacity as the facility previously deferred, provided that the costs provided in Sections 367, 368, 375, and 376 shall apply consistent with subdivision (e) of Section 367, unless otherwise authorized by the commission pursuant to subdivision (c). (3) Subject to the firewall described in subdivision (e) of Section 367, provide that the ratemaking treatment for self-cogeneration or cogeneration deferral agreements executed before December 20, 1995, or executed pursuant to paragraph (1) shall be consistent with the ratemaking treatment for the contracts approved before January 1995. (c) The commission shall authorize, within 60 days of the receipt of a joint application from the serving utility and one or more interested parties, applicability conditions as follows: (1) The costs identified in Sections 367, 368, 375, and 376 shall not, before June 30, 2000, apply to load served onsite by a nonmobile self-cogeneration or cogeneration facility that became operational on or after December 20, 1995. (2) The costs identified in Sections 367, 368, 375, and 376 shall not, before June 30, 2000, apply to a load served under an over-the-fence arrangement entered into after December 20, 1995, between unaffiliated entities. (d) For the purposes of this section, all onsite or over-the-fence arrangements shall be consistent with Section 218 as it existed on December 20, 1995. (e) To facilitate the development of new microcogeneration applications, electrical corporations may apply to the commission for a financing order to finance the transition costs to be recovered from customers employing the applications. (f) To encourage the continued development, installation, and interconnection of clean and efficient self-generation and cogeneration resources, to improve system reliability for consumers by retaining existing generation and encouraging new generation to connect to the electric grid, and to increase self-sufficiency of consumers of electricity through the deployment of self-generation and cogeneration, both of the following shall occur: (1) The commission and the Electricity Oversight Board shall determine if any policy or action undertaken by the Independent System Operator, directly or indirectly, unreasonably discourages the connection of existing self-generation or cogeneration or new self-generation or cogeneration to the grid. (2) If the commission and the Electricity Oversight Board find that any policy or action of the Independent System Operator unreasonably discourages the connection of existing self-generation or cogeneration or new self-generation or cogeneration to the grid, the commission and the Electricity Oversight Board shall undertake all necessary efforts to revise, mitigate, or eliminate that policy or action of the Independent System Operator. (Amended by Stats. 2017, Ch. 561, Sec. 209. (AB 1516) Effective January 1, 2018.)
  152. 373.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    Electrical corporations may ask the commission for an order that certain costs not be collected from a particular customer class or electricity-use category.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 373. (a) Electrical corporations may apply to the commission for an order determining that the costs identified in Sections 367, 368, 375, and 376 not be collected from a particular class of customer or category of electricity consumption. (b) Subject to the fire wall specified in subdivision (e) of Section 367, the provisions of this section and Sections 372 and 374 shall apply in the event the commission authorizes a nonbypassable charge prior to the implementation of an Independent System Operator and Power Exchange referred to in subdivision (a) of Section 365. (Added by Stats. 1996, Ch. 854, Sec. 10. Effective September 24, 1996.)
  153. 374.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    This section exempts certain specified loads from uneconomic-cost charges and sets allocation rules for irrigation-district load, including Energy Commission allocation duties and timing.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 374. (a) In recognition of statutory authority and past investments existing as of December 20, 1995, and subject to the firewall specified in subdivision (e) of Section 367, the obligation to pay the uneconomic costs identified in Sections 367, 368, 375, and 376 shall not apply to the following: (1) One hundred ten megawatts of load served by irrigation districts, as hereafter allocated by this paragraph: (A) The 110 megawatts of load shall be allocated among the service territories of the three largest electrical corporations in the ratio of the number of irrigation districts in the service territory of each utility to the total number of irrigation districts in the service territories of all three utilities. (B) The total amount of load allocated to each utility service area shall be phased in over five years beginning January 1, 1997, so that one-fifth of the allocation is allocated in each of the five years. Any allocation that remains unused at the end of any year shall be carried over to the succeeding year and added to the allocation for that year. (C) The load allocated to each utility service territory pursuant to subparagraph (A) shall be further allocated among the respective irrigation districts within that service territory by the Energy Commission. An individual irrigation district requesting an allocation shall submit to the commission by January 31, 1997, detailed plans that show the load that it serves or will serve and for which it intends to use the allocation within the timeframe requested. These plans shall include specific information on the irrigation districts’ organization for electric distribution, contracts, financing and engineering plans for capital facilities, as well as detailed information about the loads to be served, and shall not be less than eight megawatts or more than 40 megawatts, provided, however, that any portion of the 110 megawatts that remains unallocated may be reallocated to projects without regard to the 40 megawatts limitation. In making an allocation among irrigation districts, the Energy Commission shall assess the viability of each submission and whether it can be accomplished in the timeframe proposed. The Energy Commission shall have the discretion to allocate the load covered by this section in a manner that best ensures its usage within the allocation period. (D) At least 50 percent of each year’s allocation to a district shall be applied to that portion of load that is used to power pumps for agricultural purposes. (E) Any load pursuant to this subdivision shall be served by distribution facilities owned by, or leased to, the district in question. (F) Any load allocated pursuant to this paragraph shall be located within the boundaries of the affected irrigation district, or within the boundaries specified in an applicable service territory boundary agreement between an electrical corporation and the affected irrigation district. The provisions of subparagraph (C) of this paragraph shall be applicable to any load within the County of Stanislaus or San Joaquin, or both, served by any irrigation district that is currently serving or will be serving retail customers. (2) Seventy-five megawatts of load served by the Merced Irrigation District hereafter prescribed in this paragraph: (A) The total allocation provided by this paragraph shall be phased in over five years beginning January 1, 1997, so that one-fifth of the allocation is received in each of the five years. Any allocation that remains unused at the end of any year shall be carried over to the succeeding year and added to the allocation for that year. (B) Any load to which the provision of this paragraph is applicable shall be served by distribution facilities owned by, or leased to, Merced Irrigation District. (C) A load to which the provisions of this paragraph are applicable shall be located within the boundaries of Merced Irrigation District as those boundaries existed on December 20, 1995, together with the territory of Castle Air Force Base that was located outside of the district on that date. (D) The total allocation provided by this paragraph shall be phased in over five years beginning January 1, 1997, with the exception of load already being served by the district as of June 1, 1996, which shall be deducted from the total allocation and shall not be subject to the costs provided in Sections 367, 368, 375, and 376. (3) To loads served by irrigation districts, water districts, water storage districts, municipal utility districts, and other water agencies that, on December 20, 1995, were members of the Southern San Joaquin Valley Power Authority, or the Eastside Power Authority, provided, however, that this paragraph shall be applicable only to that portion of each district or agency’s load that is used to power pumps that are owned by that district or agency as of December 20, 1995, or replacements thereof, and is being used to pump water for district purposes. The rates applicable to these districts and agencies shall be adjusted as of January 1, 1997. (4) The provisions of this subdivision shall no longer be operative after March 31, 2002. (5) The provisions of paragraph (1) shall not be applicable to any irrigation district, water district, or water agency described in paragraph (2) or (3). (6) Transmission services provided to any irrigation district described in paragraph (1) or (2) shall be provided pursuant to otherwise applicable tariffs. (7) Nothing in this chapter shall be deemed to grant the commission any jurisdiction over irrigation districts not already granted to the commission by existing law. (b) To give the full effect to the legislative intent in enacting Section 701.8, the costs provided in Sections 367, 368, 375, and 376 shall not apply to the load served by preference power purchased from a federal power marketing agency, or its successor, pursuant to Section 701.8 as it existed on January 1, 1996, provided that the power is used solely for the customer’s own systems load and not for sale. The costs of this provision shall be borne by all ratepayers in the affected service territory, notwithstanding the firewall established in subdivision (e) of Section 367. (c) To give effect to an existing relationship, the obligation to pay the uneconomic costs specified in Sections 367, 368, 375, and 376 shall not apply to that portion of the load of the University of California campus situated in the County of Yolo that was being served as of May 31, 1996, by preference power purchased from a federal marketing agency, or its successor, provided that the power is used solely for the facility load of that campus and not, directly or indirectly, for sale. (Amended by Stats. 2019, Ch. 396, Sec. 18. (AB 1513) Effective January 1, 2020.)
  154. 374.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    Certain electrical corporations must study peak load for qualifying agricultural customers with multiple meters and report the results to customers and the commission by July 1, 2001.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 374.5. Any electrical corporation serving agricultural customers that have multiple electric meters shall conduct research based on a statistically valid sample of those customers and meters to determine the typical simultaneous peak load of those customers. The results of the research shall be reported to the customers and the commission not later than July 1, 2001. The commission shall consider the research results in setting future electric distribution rates for those customers. (Added by Stats. 1999, Ch. 909, Sec. 5. Effective January 1, 2000.)
  155. 375.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must allow recovery of reasonable employee-related transition costs for certain utility restructuring expenses, but not for costs tied to officers, senior supervisory employees, or employees doing predominantly regulatory work.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 375. (a) In order to mitigate potential negative impacts on utility personnel directly affected by electric industry restructuring, as described in Decision 95-12-063, as modified by Decision 96-01-009, the commission shall allow the recovery of reasonable employee related transition costs incurred and projected for severance, retraining, early retirement, outplacement and related expenses for the employees. (b) The costs, including employee related transition costs for employees performing services in connection with Section 363, shall be added to the amount of uneconomic costs allowed to be recovered pursuant to this section and Sections 367, 368, and 376, provided recovery of these employee related transition costs shall extend beyond December 31, 2001, provided recovery of the costs shall not extend beyond December 31, 2006. However, there shall be no recovery for employee related transition costs associated with officers, senior supervisory employees, and professional employees performing predominantly regulatory functions. (Added by Stats. 1996, Ch. 854, Sec. 10. Effective September 24, 1996.)
  156. 376.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    An electrical corporation may recover certain unrecovered utility plant and regulatory asset costs after December 31, 2001, subject to specified conditions and offsets.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 376. To the extent that the costs of programs to accommodate implementation of direct access, the Power Exchange, and the Independent System Operator, that have been funded by an electrical corporation and have been found by the commission or the Federal Energy Regulatory Commission to be recoverable from the utility’s customers, reduce an electrical corporation’s opportunity to recover its utility generation-related plant and regulatory assets by the end of the year 2001, the electrical corporation may recover unrecovered utility generation-related plant and regulatory assets after December 31, 2001, in an amount equal to the utility’s cost of commission-approved or Federal Energy Regulatory Commission approved restructuring-related implementation programs. An electrical corporation’s ability to collect the amounts from retail customers after the year 2001 shall be reduced to the extent the Independent System Operator or the Power Exchange reimburses the electrical corporation for the costs of any of these programs. (Added by Stats. 1996, Ch. 854, Sec. 10. Effective September 24, 1996.)
  157. 377.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must keep regulating certain public utility electricity generation facilities, and those facilities cannot be disposed of before January 1, 2006.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 377. The commission shall continue to regulate the facilities for the generation of electricity owned by any public utility prior to January 1, 1997, that are subject to commission regulation until the owner of those facilities has applied to the commission to dispose of those facilities and has been authorized by the commission under Section 851 to undertake that disposal. Notwithstanding any other provision of law, no facility for the generation of electricity owned by a public utility may be disposed of prior to January 1, 2006. The commission shall ensure that public utility generation assets remain dedicated to service for the benefit of California ratepayers. (Amended by Stats. 2001, 1st Ex. Sess., Ch. 2, Sec. 3. Effective January 18, 2001.)
  158. 377.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    Section 377 does not apply to specified run-of-river hydroelectric projects in California and Washington.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 377.1. Section 377 does not apply to the four run-of-river hydroelectric project works located on the Truckee River, as referenced in Section 210(b)(17) of Public Law 101-618 or to the two run-of-river hydroelectric projects, also known as the Naches Drop plant and Naches plant, located on the Wapatox Canal on the Naches River in the State of Washington. (Added by Stats. 2002, Ch. 840, Sec. 1. Effective September 24, 2002.)
  159. 377.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    A qualifying public utility may dispose of certain out-of-state electricity generation facilities or interests only with commission approval or exemption.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 377.2. Notwithstanding Section 377, a facility for the generation of electricity, or an interest in a facility for the generation of electricity, that is located outside of this state, is owned by a public utility that serves 60,000 or fewer customer accounts in this state, and is not necessary to serve that public utility’s customers in this state, may be disposed of upon approval of the commission pursuant to Section 851 or upon exemption by the commission pursuant to Section 853. (Amended by Stats. 2004, Ch. 183, Sec. 313. Effective January 1, 2005.)
  160. 378.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must authorize new optional rate schedules and tariffs, including new service offerings, if they accurately reflect customer class and subclass conditions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 378. The commission shall authorize new optional rate schedules and tariffs, including new service offerings, that accurately reflect the loads, locations, conditions of service, cost of service, and market opportunities of customer classes and subclasses. (Added by Stats. 1996, Ch. 854, Sec. 10. Effective September 24, 1996.)
  161. 379.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    Nuclear decommissioning costs may not be included in the costs described in Sections 367, 368, 375, and 376, and instead must be recovered as a nonbypassable charge until fully recovered.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 379. Nuclear decommissioning costs shall not be part of the costs described in Sections 367, 368, 375, and 376, but shall be recovered as a nonbypassable charge until the time as the costs are fully recovered. Recovery of decommissioning costs may be accelerated to the extent possible. (Added by Stats. 1996, Ch. 854, Sec. 10. Effective September 24, 1996.)
  162. 379.10.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must use legislative funds for incentives under the self-generation incentive program, and must consider requiring certain solar-plus-storage and storage customers to join demand response or peak load reduction programs.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 379.10. (a) In administering the self-generation incentive program pursuant to Section 379.6, the commission shall use funds appropriated by the Legislature for the purpose of providing incentives to eligible low-income residential customers, including those receiving service from a local publicly owned electric utility, as defined pursuant to Section 224.3, who install behind-the-meter energy storage systems or solar photovoltaic systems paired with energy storage systems, as an integrated approach to increase individual customer resiliency, to reduce the electrical grid’s net peak demand, to reduce electric ratepayer costs, and to reduce emissions of greenhouse gases and localized air pollution. (b) The commission shall consider requiring customers installing solar photovoltaic systems paired with energy storage systems or new energy storage systems under this section and served on a standard contract or tariff pursuant Section 2827.1 to participate in a demand response or peak load reduction program offered through the customer’s load-serving entity, including market-integrated supply-side demand response programs, to reduce net peak demand. (Amended by Stats. 2023, Ch. 52, Sec. 6. (SB 123) Effective July 10, 2023.)
  163. 379.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must take specified actions to reduce electricity transmission constraints and peak demand, while consulting with the Independent System Operator and the Energy Commission where stated.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 379.5. Notwithstanding any other provision of law, on or before March 7, 2001, the commission, in consultation with the Independent System Operator, shall take all of the following actions, and shall include the reasonable costs involved in taking those actions in the distribution revenue requirements of utilities regulated by the commission, as appropriate: (a) (1) Identify and undertake those actions necessary to reduce or remove constraints on the state’s existing electrical transmission and distribution system, including, but not limited to, reconductoring of transmission lines, the addition of capacitors to increase voltage, the reinforcement of existing transmission capacity, and the installation of new transformer banks. The commission shall, in consultation with the Independent System Operator, give first priority to those geographical regions where congestion reduces or impedes electrical transmission and supply. (2) Consistent with the existing statutory authority of the commission, afford electrical corporations a reasonable opportunity to fully recover costs it determines are reasonable and prudent to plan, finance, construct, operate, and maintain any facilities under its jurisdiction required by this section. (b) In consultation with the Energy Commission, adopt energy conservation demand-side management and other initiatives in order to reduce demand for electricity and reduce load during peak demand periods. Those initiatives shall include, but not be limited to, all of the following: (1) Expansion and acceleration of residential and commercial weatherization programs. (2) Expansion and acceleration of programs to inspect and improve the operating efficiency of heating, ventilation, and air-conditioning equipment in new and existing buildings, to ensure that these systems achieve the maximum feasible cost-effective energy efficiency. (3) Expansion and acceleration of programs to improve energy efficiency in new buildings, in order to achieve the maximum feasible reductions in uneconomic energy and peak electricity consumption. (4) Incentives to equip commercial buildings with the capacity to automatically shut down or dim nonessential lighting and incrementally raise thermostats during a peak electricity demand period. (5) Evaluation of installing local infrastructure to link temperature setback thermostats to real-time price signals. (6) Incentives for load control and distributed generation to be paid for enhancing reliability. (7) Differential incentives for renewable or super clean distributed generation resources pursuant to Section 379.6. (8) Reevaluation of all efficiency cost-effectiveness tests in light of increases in wholesale electricity costs and of natural gas costs to explicitly include the system value of reduced load on reducing market clearing prices and volatility. (c) In consultation with the Energy Commission, adopt and implement a residential, commercial, and industrial peak reduction program that encourages electric customers to reduce electricity consumption during peak power periods. (Amended by Stats. 2019, Ch. 396, Sec. 19. (AB 1513) Effective January 1, 2020.)
  164. 379.6.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    This section governs the self-generation incentive program, including funding, eligibility, reporting, inspections, and commission duties.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 379.6. (a) (1) It is the intent of the Legislature that the self-generation incentive program increase deployment of distributed generation and energy storage systems to facilitate the integration of those resources into the electrical grid, improve efficiency and reliability of the distribution and transmission system, and reduce emissions of greenhouse gases, peak demand, and ratepayer costs. It is the further intent of the Legislature that the commission, in future proceedings, provide for an equitable distribution of the costs and benefits of the program. (2) The commission, in consultation with the Energy Commission, may authorize the annual collection of not more than double the amount authorized for the self-generation incentive program in the 2008 calendar year, through December 31, 2024. The commission shall require the administration of the program for distributed energy resources originally established pursuant to Chapter 329 of the Statutes of 2000 until January 1, 2026. On January 1, 2026, the commission shall provide repayment of all unallocated funds collected pursuant to this section to reduce ratepayer costs. (b) (1) Eligibility for incentives under the self-generation incentive program that are funded through the annual collection authorized pursuant to paragraph (2) of subdivision (a) shall be limited to distributed energy resources that the commission, in consultation with the State Air Resources Board, determines will achieve reductions in emissions of greenhouse gases pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). (2) On or before July 1, 2015, the commission shall update the factor for avoided greenhouse gas emissions based on both the most recent data available to the State Air Resources Board for greenhouse gas emissions from electricity sales in the self-generation incentive program administrators’ service areas and current estimates of greenhouse gas emissions over the useful life of the distributed energy resource, including consideration of the effects of the California Renewables Portfolio Standard. (3) The commission shall adopt requirements for energy storage systems to ensure that eligible energy storage systems reduce the emissions of greenhouse gases. (c) Eligibility for the funding of any combustion-operated distributed generation projects using fossil fuel is subject to all of the following conditions: (1) An oxides of nitrogen (NOx) emissions rate standard of 0.07 pounds per megawatthour and a minimum efficiency of 60 percent, or any other NOx emissions rate and minimum efficiency standard adopted by the State Air Resources Board. A minimum efficiency of 60 percent shall be measured as useful energy output divided by fuel input. The efficiency determination shall be based on 100-percent load. (2) Combined heat and power units that meet the 60-percent efficiency standard may take a credit to meet the applicable NOx emissions standard of 0.07 pounds per megawatthour. Credit shall be at the rate of one megawatthour for each 3,400,000 British thermal units (Btus) of heat recovered. (3) The customer receiving incentives shall adequately maintain and service the combined heat and power units so that during operation the system continues to meet or exceed the efficiency and emissions standards established pursuant to paragraphs (1) and (2). (4) Notwithstanding paragraph (1), a project that does not meet the applicable NOx emissions standard is eligible if it meets both of the following requirements: (A) The project operates solely on waste gas. The commission shall require a customer that applies for an incentive pursuant to this paragraph to provide an affidavit or other form of proof that specifies that the project shall be operated solely on waste gas. Incentives awarded pursuant to this paragraph shall be subject to refund and shall be refunded by the recipient to the extent the project does not operate on waste gas. As used in this paragraph, “waste gas” means natural gas that is generated as a byproduct of petroleum production operations and is not eligible for delivery to the utility pipeline system. (B) The air quality management district or air pollution control district, in issuing a permit to operate the project, determines that operation of the project will produce an onsite net air emissions benefit compared to permitted onsite emissions if the project does not operate. The commission shall require the customer to secure the permit before receiving incentives. (d) In determining the eligibility for the self-generation incentive program, minimum system efficiency shall be determined either by calculating electrical and process heat efficiency as set forth in Section 216.6, or by calculating overall electrical efficiency. (e) Eligibility for incentives under the self-generation incentive program shall be limited to distributed energy resource technologies that the commission determines meet all of the following requirements: (1) The distributed energy resource technology shifts onsite energy use to off-peak time periods or reduces demand from the grid by offsetting some or all of the customer’s onsite energy load, including, but not limited to, net peak electric load. (2) The distributed energy resource technology is commercially available. (3) The distributed energy resource technology safely uses the existing transmission and distribution system. (4) The distributed energy resource technology improves air quality by reducing criteria air pollutants. (f) Recipients of the self-generation incentive program funds shall provide relevant data to the commission and the State Air Resources Board, upon request, and shall be subject to onsite inspection to verify equipment operation and performance, including capacity, thermal output, and usage to verify criteria air pollutant and greenhouse gas emissions performance. (g) In administering the self-generation incentive program, the commission shall determine a capacity factor for each distributed generation system energy resource technology in the program. (h) (1) In administering the self-generation incentive program, the commission may adjust the amount of incentives and evaluate other public policy interests, including, but not limited to, ratepayers, energy efficiency, peak load reduction, load management, and environmental interests. (2) The commission shall consider the relative amount and the cost of greenhouse gas emissions reductions, peak demand reductions, system reliability benefits, and other measurable factors when allocating program funds between eligible technologies. (i) The commission shall ensure that distributed generation resources are made available in the self-generation incentive program for all ratepayers. (j) In administering the self-generation incentive program, the commission shall provide an additional incentive of 20 percent from existing program funds for the installation of eligible distributed generation resources manufactured in California. (k) The costs of the self-generation incentive program shall not be recovered from customers participating in the California Alternate Rates for Energy (CARE) program. (l) The commission shall evaluate the overall success and impact of the self-generation incentive program based on the following performance measures: (1) The amount of reductions of emissions of greenhouse gases. (2) The amount of reductions of emissions of criteria air pollutants measured in terms of avoided emissions and reductions of criteria air pollutants represented by emissions credits secured for project approval. (3) The amount of energy reductions measured in energy value. (4) The amount of reductions of customer peak demand. (5) The ratio of the electricity generated by distributed energy resource generation projects receiving incentives from the self-generation incentive program to the electricity capable of being produced by those projects, commonly known as a capacity factor. (6) The value to the electrical transmission and distribution system measured in avoided costs of transmission and distribution upgrades and replacement. (7) The ability to improve onsite electricity reliability as compared to onsite electricity reliability before the self-generation incentive program technology was placed in service. (m) On and after January 1, 2020, generation technologies using nonrenewable fuels shall not be eligible for incentives under the self-generation incentive program. (Amended by Stats. 2022, Ch. 251, Sec. 25. (AB 209) Effective September 6, 2022.)
  165. 379.8.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    This section defines “advanced electrical distributed generation technology” and sets conditions for it to qualify for certain treatment and rates. It also lets the commission adjust the efficiency standard in one situation and lets the commission or State Air Resources Board treat the technology as cogeneration, except for technologies first operational on or after January 1, 2016.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 379.8. (a) As used in this section, “advanced electrical distributed generation technology” means any electrical distributed generation technology that generates useful electricity and meets all of the following conditions: (1) The emissions standards adopted by the State Air Resources Board pursuant to the distributed generation certification program requirements of Article 3 (commencing with Section 94200) of Subchapter 8 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations. (2) Produces de minimis emissions of sulfur oxides and nitrogen oxides. (3) Meets the greenhouse gases emission performance standard established by the commission pursuant to Section 8341. (4) Has a total electrical efficiency of not less than 45 percent. If legislation is enacted that increases the 42.5 percent efficiency described in subdivision (b) of Section 216.6 above 45 percent, the commission may adjust the electrical efficiency standard described in this paragraph to ensure that this electrical efficiency standard meets or exceeds the standard enacted for the purposes of subdivision (b) of Section 216.6. (5) Is sized to meet the generator’s onsite electrical demand. (6) Has parallel operation to the electrical distribution grid. (7) Utilizes renewable or nonrenewable fuel. (b) (1) An advanced electrical distributed generation technology shall qualify for the rate established by the commission pursuant to Section 454.4. (2) The limitation in subdivision (b) of Section 6352 upon the assessment of surcharges for gas used to generate electricity by a nonutility facility applies to an advanced electrical distributed generation technology. (3) The limitation in Section 2773.5 upon imposing alternative fuel capability requirements upon gas customers that use gas for purposes of cogeneration applies to an advanced electrical distributed generation technology. (c) The commission or State Air Resources Board may, in furtherance of the state’s goals for achieving cost-effective reductions in emissions of greenhouse gases, meeting resource adequacy requirements, or meeting the renewables portfolio standard, treat advanced electrical distributed generation technology as cogeneration. (d) Subdivisions (b) and (c) do not apply to an advanced electrical distributed generation technology that is first operational at a site on and after January 1, 2016. (Amended by Stats. 2014, Ch. 71, Sec. 146. (SB 1304) Effective January 1, 2015.)
  166. 379.9.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must reserve at least 10% of the 2020 program collection for energy storage and other eligible distributed energy resources for certain critical-facility customers.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 379.9. (a) In administering the self-generation incentive program pursuant to Section 379.6, the commission shall allocate at least 10 percent of the annual collection for the program in the 2020 calendar year for the installation of energy storage and other eligible distributed energy resources as determined by the commission pursuant to paragraph (1) of subdivision (b) of Section 379.6 for customers that operate a critical facility or critical infrastructure serving communities in high fire threat districts to support resiliency during a deenergization event. Eligible customers may include, but are not limited to, emergency responders, emergency operations centers, emergency shelters, water suppliers, wastewater agencies, fire stations, and police stations. (b) In allocating funds pursuant to subdivision (a), the commission shall do all of the following: (1) Adjust the rules of the self-generation incentive program, if necessary, for the amount allocated pursuant to subdivision (a) to allow for the use of backup power when electricity is shut off due to wildfire risk. (2) Prioritize funding to projects for eligible customers that do all of the following: (A) Demonstrate a financial need. (B) Operate a critical facility or critical infrastructure serving communities in high fire threat districts during a deenergization event. (C) Demonstrate coordination with the electrical corporation serving the customer’s community, relevant local governments, and the Office of Emergency Services for emergency and disaster planning and preparedness. (3) Ensure that customers receiving funding pursuant to subdivision (a) are informed of the potential limitations of the energy storage and distributed energy resources system to provide reliable backup power, particularly for unplanned and extended loss of power. (4) Include an evaluation of the performance and impact of the projects funded pursuant to subdivision (a) in a relevant self-generation incentive program evaluation report no later than December 31, 2022. The evaluation shall include a list of customers receiving funding and the type of customer operating each project. For a representative sampling of projects, the evaluation shall also include the known and expected performance of each project as a source of backup power; the impact of the project on greenhouse gas emissions; the communities served by the critical facility or critical infrastructure; customer coordination with the Office of Emergency Services, the electrical corporation serving the community, and relevant local governments; and any other information the commission deems useful. (c) The commission may prioritize funding for additional customers located in high fire threat districts and may continue to prioritize self-generation incentive program funding for customers that operate critical facilities or critical infrastructure serving communities in high fire threat districts in subsequent years. (d) Nothing in this section shall be interpreted to allow for the use of incentives from the self-generation incentive program for generation technologies using nonrenewable fuels on or after January 1, 2020. (Added by Stats. 2019, Ch. 394, Sec. 1. (AB 1144) Effective January 1, 2020.)
  167. 380.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must set and enforce resource adequacy requirements for load-serving entities, and load-serving entities must maintain enough capacity and demand response to meet reliability criteria.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 380. (a) The commission, in consultation with the Independent System Operator, shall establish resource adequacy requirements for all load-serving entities. (b) In establishing resource adequacy requirements, the commission shall ensure the reliability of electrical service in California while advancing, to the extent possible, the state’s goals for clean energy, reducing air pollution, and reducing emissions of greenhouse gases. The resource adequacy program shall achieve all of the following objectives: (1) Facilitate the development of new generating, nongenerating, and hybrid capacity and the retention of existing generating, nongenerating, and hybrid capacity that is economical and needed for reliability and to achieve the state policy specified in Section 454.53. (2) Establish new, or maintain existing, demand response products and tariffs that facilitate the economical dispatch and use of demand response that can either meet or reduce an electrical corporation’s resource adequacy requirements, as determined by the commission. (3) Equitably allocate the cost of generating capacity and demand response in a manner that prevents the shifting of costs between customer classes. (4) Minimize enforcement requirements and costs. (5) Consideration of mitigation measures, if the commission determines they are needed, to reduce costs to ratepayers. (6) Maximize the ability of community choice aggregators to determine the generation resources used to serve their customers. (c) Each load-serving entity shall maintain physical generating capacity and electrical demand response adequate to meet its load requirements, including, but not limited to, peak demand and planning and operating reserves. The generating capacity or electrical demand response shall be deliverable to locations and at times as may be necessary to maintain electrical service system reliability, local area reliability, and flexibility. (d) Each load-serving entity shall, at a minimum, meet the most recent minimum planning reserve and reliability criteria approved by the board of directors of the Western Systems Coordinating Council or the Western Electricity Coordinating Council. (e) The commission shall implement and enforce the resource adequacy requirements established in accordance with this section in a nondiscriminatory manner. Each load-serving entity shall be subject to the same requirements for resource adequacy, the renewables portfolio standard program, and the integrated resource planning process pursuant to Section 454.52 that apply to electrical corporations pursuant to this section, or are otherwise required by law or by order or decision of the commission. The commission shall exercise its enforcement powers to ensure compliance by all load-serving entities. (f) (1) The commission shall require sufficient information, including, but not limited to, anticipated load, actual load, and measures undertaken by a load-serving entity to ensure resource adequacy, to be reported to enable the commission to determine compliance with the resource adequacy requirements established by the commission. (2) The commission shall calculate and publish annually on its internet website, in a new report or as part of another report, the percentage of each load-serving entity’s local and system resource adequacy requirements from the previous calendar year that was met with capacity from eligible renewable energy resources pursuant to the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11)), other zero-carbon resources, including large hydroelectric and nuclear resources, or energy storage resources. In determining the percentage of each load-serving entity’s resource adequacy requirements, the commission shall include all directly owned or contracted resources and each load-serving entity’s allocation of any centrally procured resources or allocation of resources pursuant to any other mechanism that involves an assignment or allocation of resources purchased or owned by a single buyer, and shall exclude any share of a load-serving entity’s resources that were allocated to another load-serving entity. (g) An electrical corporation’s costs of meeting or reducing resource adequacy requirements, including, but not limited to, the costs associated with system reliability, local area reliability, or flexible resource adequacy, that are determined to be reasonable by the commission, or are otherwise recoverable under a procurement plan approved by the commission pursuant to Section 454.5, shall be fully recoverable from those customers on whose behalf the costs are incurred, as determined by the commission, at the time the commitment to incur the cost is made, on a fully nonbypassable basis, as determined by the commission. The commission shall exclude any amounts authorized to be recovered pursuant to Section 366.2 when authorizing the amount of costs to be recovered from customers of a community choice aggregator or from customers that purchase electricity through a direct transaction pursuant to this subdivision. (h) The commission shall determine and authorize the most efficient and equitable means for achieving all of the following: (1) Meeting the objectives of this section. (2) Ensuring that investment is made in new generating capacity. (3) Ensuring that existing generating capacity that is economical is retained to ensure reliability. (4) Ensuring that the resource adequacy program can reasonably maintain a standard measure of reliability, such as a one-day-in-10-year loss-of-load expectation or a similarly robust reliability metric adopted by the commission, and use it for planning purposes. (5) Ensuring that the cost of generating capacity and demand response is allocated equitably. (6) Ensuring that community choice aggregators can determine the generation resources used to serve their customers. (7) Ensuring that investments are made in new and existing demand response resources that are cost effective and help to achieve electrical grid reliability and the state’s goals for reducing emissions of greenhouse gases. (8) Minimizing the need for backstop procurement by the Independent System Operator. (i) In making the determination pursuant to subdivision (h), the commission may consider a centralized resource adequacy mechanism among other options. (j) The commission shall ensure appropriate valuation of both supply and load modifying demand response resources. The commission, in an existing or new proceeding, shall establish a mechanism to value load modifying demand response resources, including, but not limited to, the ability of demand response resources to help meet distribution needs and transmission system needs and to help reduce a load-serving entity’s resource adequacy obligation pursuant to this section. In determining this value, the commission shall consider how these resources further the state’s electrical grid reliability and the state’s goals for reducing emissions of greenhouse gases. The commission, Energy Commission, and Independent System Operator shall coordinate to jointly ensure that changes in demand caused by load modifying demand response are expeditiously and comprehensively reflected in the Energy Commission’s Integrated Energy Policy Report forecast and in planning proceedings and associated analyses, and shall encourage reflection of these changes in demand in the operation of the grid. (k) For purposes of this section, “load-serving entity” means an electrical corporation, electric service provider, or community choice aggregator. “Load-serving entity” does not include any of the following: (1) A local publicly owned electric utility. (2) The State Water Resources Development System commonly known as the State Water Project. (3) Customer generation located on the customer’s site or providing electric service through arrangements authorized by Section 218, if the customer generation, or the load it serves, meets one of the following criteria: (A) It takes standby service from the electrical corporation on a commission-approved rate schedule that provides for adequate backup planning and operating reserves for the standby customer class. (B) It is not physically interconnected to the electrical transmission or distribution grid, so that, if the customer generation fails, backup electricity is not supplied from the electrical grid. (C) There is physical assurance that the load served by the customer generation will be curtailed concurrently and commensurately with an outage of the customer generation. (Amended by Stats. 2024, Ch. 713, Sec. 4. (AB 2368) Effective January 1, 2025.)
  168. 380.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. )

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    When establishing a demand response program, the commission must create rules, customer protections, measurement methods, and monitoring policies, and it must not charge residential customers for not enrolling.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 6. Requirements for the Public Utilities Commission [360 - 380.5] ( Article 6 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 380.5. (a) In establishing a demand response program, the commission shall do all of the following: (1) Establish rules consistent with state and federal law for how and when back-up generation may be used within the program and establish reporting and data collection requirements to verify compliance with those rules. (2) Ensure the program approved for resource adequacy requirements delivers the expected results and provides ratepayer benefits. (3) Before the implementation of a program for residential customers, establish customer protection rules regarding the participation, cost of participation, and ability to not enroll in the program. A residential customer who does not enroll in the program shall lose eligibility for rebates, discounts, and other incentives offered to customers who participate in the program. The commission shall prohibit the imposition of charges on a residential customer for not enrolling in the program. (4) Establish a method to accurately calculate the customer’s load shift at time intervals in which the customer would be eligible for demand response program payments or credits. (5) Establish metering and monitoring policies for the program. (b) This section does not apply to time-variant pricing as defined in Section 745, including time-of-use rates, critical peak pricing, and real-time pricing, or to similar tariffs, including peak time rebates. (Added by Stats. 2014, Ch. 627, Sec. 3. (SB 1414) Effective January 1, 2015.)
  169. 381.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 7. Research, Environmental, and Low-Income Funds [381 - 384.5] ( Article 7 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must require electrical corporations to create a separate, nonbypassable rate component for certain program funding, allocate collected funds to specified programs, and direct how those funds are collected, spent, and forwarded.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 7. Research, Environmental, and Low-Income Funds [381 - 384.5] ( Article 7 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 381. (a) To ensure that the funding for the programs described in subdivision (b) and Section 382 are not commingled with other revenues, the commission shall require each electrical corporation to identify a separate rate component to collect the revenues used to fund these programs. The rate component shall be a nonbypassable element of the local distribution service. (b) The commission shall allocate funds collected pursuant to subdivision (a), and any interest earned on collected funds, to programs that enhance system reliability and provide in-state benefits as follows: (1) Cost-effective energy efficiency and conservation activities. (2) Public interest research and development not adequately provided by competitive and regulated markets. (3) In-state operation and development of existing and new and emerging eligible renewable energy resources, as defined in Section 399.12. (c) The commission shall order the respective electrical corporations to collect and spend these funds at the levels and for the purposes required in Section 399.8. (d) Each electrical corporation shall allow customers to make voluntary contributions through their utility bill payments as either a fixed amount or a variable amount to support programs established pursuant to paragraph (3) of subdivision (b). Funds collected by electrical corporations for these purposes shall be forwarded in a timely manner to the appropriate fund as specified by the commission. (Amended by Stats. 2022, Ch. 61, Sec. 8. (AB 205) Effective June 30, 2022.)
  170. 381.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 7. Research, Environmental, and Low-Income Funds [381 - 384.5] ( Article 7 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must set procedures for parties to apply to administer certain energy efficiency and conservation programs, and registered community choice aggregators may elect to administer some funds if they follow the plan and certification rules.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 7. Research, Environmental, and Low-Income Funds [381 - 384.5] ( Article 7 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 381.1. (a) No later than July 15, 2003, the commission shall establish policies and procedures by which any party, including, but not limited to, a local entity that establishes a community choice aggregation program, may apply to become administrators for cost-effective energy efficiency and conservation programs established pursuant to Section 381. In determining whether to approve an application to become administrators and subject to an aggregator’s right to elect to become an administrator pursuant to subdivision (f), the commission shall consider the value of program continuity and planning certainty and the value of allowing competitive opportunities for potentially new administrators. The commission shall weigh the benefits of the party’s proposed program to ensure that the program meets the following objectives: (1) Is consistent with the goals of the existing programs established pursuant to Section 381. (2) Advances the public interest in maximizing cost-effective electricity savings and related benefits. (3) Accommodates the need for broader statewide or regional programs. (b) All audit and reporting requirements established by the commission pursuant to Section 381 and other statutes shall apply to the parties chosen as administrators under this section. (c) If a community choice aggregator is not the administrator of energy efficiency and conservation programs for which its customers are eligible, the commission shall require the administrator of cost-effective energy efficiency and conservation programs to direct a proportional share of its approved energy efficiency program activities for which the community choice aggregator’s customers are eligible, to the community choice aggregator’s territory without regard to customer class. To the extent that energy efficiency and conservation programs are targeted to specific locations to avoid or defer transmission or distribution system upgrades, the targeted expenditures shall continue irrespective of whether the loads in those locations are served by an aggregator or by an electrical corporation. The commission shall also direct the administrator to work with the community choice aggregator, to provide advance information where appropriate about the likely impacts of energy efficiency programs and to accommodate any unique community program needs by placing more, or less, emphasis on particular approved programs to the extent that these special shifts in emphasis in no way diminish the effectiveness of broader statewide or regional programs. If the community choice aggregator proposes energy efficiency programs other than programs already approved for implementation in its territory, it shall do so under established commission policies and procedures. The commission may order an adjustment to the share of energy efficiency program activities directed to a community choice aggregator’s territory if necessary to ensure an equitable and cost-effective allocation of energy efficiency program activities. (d) The commission shall establish an impartial process for making the determination of whether a third party, including a community choice aggregator, may become administrators for cost-effective energy efficiency and conservation programs pursuant to subdivision (a), and shall not delegate or otherwise transfer the commission’s authority to make this determination for a community choice aggregator to an electrical corporation. (e) The impartial process established by the commission shall allow a registered community choice aggregator to elect to become the administrator of funds collected from the aggregator’s electric service customers and collected through a nonbypassable charge authorized by the commission, for cost-effective energy efficiency and conservation programs, except those funds collected for broader statewide and regional programs authorized by the commission. (f) A community choice aggregator electing to become an administrator shall submit a plan, approved by its governing board, to the commission for the administration of cost-effective energy efficiency and conservation programs for the aggregator’s electric service customers that includes funding requirements, a program description, a cost-effectiveness analysis, and the duration of the program. The commission shall certify that the plan submitted does all of the following: (1) Is consistent with the goals of the programs established pursuant to this section and Section 399.4. (2) Advances the public interest in maximizing cost-effective electricity savings and related benefits. (3) Accommodates the need for broader statewide or regional programs. (4) Includes audit and reporting requirements consistent with the audit and reporting requirements established by the commission pursuant to this section. (5) Includes evaluation, measurement, and verification protocols established by the community choice aggregator. (6) Includes performance metrics regarding the community choice aggregator’s achievement of the objectives listed in paragraphs (1) to (5), inclusive, and in any previous plan. (g) If the commission does not certify the plan for the administration of cost-effective energy efficiency and conservation programs submitted by a community choice aggregator pursuant to subdivision (f), the community choice aggregator electing to administer these programs may submit an amended plan to the commission for certification. No moneys may be released to a community choice aggregator unless the commission certifies the plan pursuant to subdivision (f). (Amended by Stats. 2012, Ch. 162, Sec. 155. (SB 1171) Effective January 1, 2013.)
  171. 381.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 7. Research, Environmental, and Low-Income Funds [381 - 384.5] ( Article 7 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must investigate utility energy-efficiency financing options and, by September 1, 2016, authorize certain utility customer programs; it also must set and manage rules, review procedures, and notice requirements for custom energy-efficiency projects.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 7. Research, Environmental, and Low-Income Funds [381 - 384.5] ( Article 7 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 381.2. (a) (1) The commission shall investigate the ability of electrical corporations and gas corporations to provide various energy efficiency financing options to their customers for the purposes of implementing the program developed pursuant to Section 25943 of the Public Resources Code. (2) It is the intent of the Legislature that the commission implement this section by establishing applicable rules, within a reasonable period of time and in an open process, that are clear and operate on a prospective basis. (b) Recognizing the already underway 2015 commission work to adopt efficiency potential and goals, the Energy Commission work on its 2015 energy demand forecast, and the need to determine how to incorporate meter-based performance into determinations of goals, portfolio cost-effectiveness, and authorized budgets, the commission, in a separate or existing proceeding, shall, by September 1, 2016, authorize electrical corporations or gas corporations to provide financial incentives, rebates, technical assistance, and support to their customers to increase the energy efficiency of existing buildings based on all estimated energy savings and energy usage reductions, taking into consideration the overall reduction in normalized metered energy consumption as a measure of energy savings. Those programs shall include energy usage reductions resulting from the adoption of a measure or installation of equipment required for modifications to existing buildings to bring them into conformity with, or to cause them to exceed, the requirements of Title 24 of the California Code of Regulations, as well as operational, behavioral, and retrocommissioning activities reasonably expected to produce multiyear savings. The commission shall authorize an electrical corporation or gas corporation to count all energy savings achieved through the authorized programs created by this subdivision, unless determined otherwise, toward overall energy efficiency goals or targets established by the commission. The commission may adjust the energy efficiency goals or targets of an electrical corporation or gas corporation to reflect this change in savings estimation consistent with this subdivision and subdivision (d). (c) Effective January 1, 2016, electrical corporations and gas corporations are authorized to implement the provisions of subdivision (b) for high opportunity projects or programs. The commission shall provide expedited authorization of high opportunity projects and programs to apply the savings baseline provisions in subdivision (b). (d) In furtherance of subdivision (b), the commission, in consultation with the Energy Commission, shall consider all of the following: (1) The results of any interagency baseline assessment. (2) Any available results from electrical corporation and gas corporation baseline pilot studies ordered in commission Decision 14-10-046 (October 24, 2014), Decision Establishing Energy Efficiency Savings Goals and Approving 2015 Energy Efficiency Programs and Budgets. (3) Information necessary to ensure consistency with the energy forecast and planning functions of the Energy Commission and the Independent System Operator. (e) The commission may direct electrical corporations and gas corporations to make filings that are necessary to ensure coordination with the energy forecast and planning functions of the Energy Commission and the Independent System Operator. (f) The commission shall prioritize energy efficiency activities consistent with Sections 454.55 and 454.56. (g) (1) This subdivision imposes the operative requirements pursuant to this section for custom projects and other custom programs for industrial, agricultural, commercial, residential, and public sector customers. This subdivision shall become operative on July 1, 2019, and applies only to those programs and projects. (A) The commission shall authorize electrical corporations and gas corporations to provide financial incentives, rebates, technical assistance, and support to their customers to increase the energy efficiency of industrial, agricultural, commercial, residential, and public sector customers based on nationally recognized measurement and verification standards, such as the International Performance Measurement and Verification Protocol. (B) All energy savings achieved through the programs authorized pursuant to this subdivision shall count toward the overall energy efficiency goals or targets established by the commission for an electrical corporation, gas corporation, or program administrator. (C) The commission may adjust the energy efficiency goals or targets of an electrical corporation or gas corporation to reflect a change in the forecast energy savings consistent with this subdivision and subdivision (d). (2) The commission shall develop and maintain rules for custom energy efficiency projects that include eligibility criteria and other metrics for determining whether a project is eligible for funding pursuant to the program. (A) The commission shall review and circulate for public review and comment statewide eligibility criteria or metrics at least 30 days prior to changes, including posting on the commission’s internet website. (B) After the initial 30-day period for public review and comment, any changes to the initial proposed eligibility criteria or metrics shall be circulated for public review for not less than 15 days prior to final adoption. (C) Once eligibility criteria or metrics are adopted, any proposed revision shall be circulated for public review and comment for not less than 30 days prior to a revision. For these purposes, grammatical corrections or other nonsubstantive modifications are not a revision and may be made when the need for the correction or modification is discovered. (D) Statewide eligibility criteria or metrics shall operate only on a prospective basis, shall be applied uniformly and consistently by each electrical corporation and gas corporation, and shall not be applied retroactively to any pending or approved applications. (E) Any delay in the adoption of eligibility criteria or metrics past July 1, 2019, shall not be the basis for denial of any application nor a basis to suspend the program. (3) (A) The rules adopted by the commission for custom energy efficiency projects shall require each electrical corporation and gas corporation to maintain a custom measure project archive. The commission shall develop and maintain requirements for what information is to be included in the custom measure project archive, including information required to support the applications of customers’ custom energy efficiency projects. (B) (i) Upon being notified of the filing of a new application, or that a proposed project has moved from the preapplication stage to the application stage, the commission shall make a determination of whether the application has been selected for review within 15 days and notify the electrical corporation or gas corporation of its decision to review. (ii) The electrical corporation or gas corporation shall make the project application supporting documentation available to the commission for review within 15 business days of the commission review selection date. The commission shall develop and maintain requirements for what information is to be included in the custom measure project archive for those customer projects selected for review. (iii) The commission shall, within 15 days of the submission of a project to the custom measure project archive, promptly notify an electrical corporation or gas corporation of any deficiency in the information supporting an application. (iv) The review of a proposed project shall be concluded within 30 business days from when the date a project’s documentation is received by the commission, unless the commission determines it was provided incomplete or inaccurate supporting information from the electrical corporation or gas corporation, and notifies the electrical corporation and gas corporation of the need for additional review time. The 30 business days will restart from the time complete and accurate documentation, as noted in the notification of deficiencies, is submitted by the electrical corporation or gas corporation. The electrical corporation or gas corporation shall notify the customer applicant within 48 hours of any delays as a result of incomplete or inaccurate supporting project information, or if the commission needs additional review time. (C) The commission shall notify the electrical corporation or gas corporation of the specific deficiencies in the information supporting an application, including each basis as to why the project is inconsistent with the eligibility criteria and metrics, which may include failure to adequately define the project, make specific recommendations for the conditions under which the project would be approved, and, if the application fails to adequately define the project, identify aspects of the project that require further definition. (D) If, as a result of the review, the commission rejects the proposed project or requests modification of the project, the commission shall notify the electrical corporation or gas corporation of the reasons for the rejection or request for modification, including each basis as to why the project is rejected or modification is requested, and make specific recommendations for the conditions under which the project would be approved. The electrical corporation or gas corporation shall promptly inform the applicant as to the reasons why the project was rejected and the specific recommendations for the conditions under which the project would be approved. (E) The commission shall not reject a proposed project or request modification of a project on the basis of inconsistency with eligibility criteria or metrics that were not in effect at the time the project application was submitted. (F) If any party to the project is unsatisfied with the commission’s directions for the project, a dispute resolution process may be initiated by that party. The commission shall adopt rules for the conduct of the dispute resolution process. (G) If a project is not selected by the commission for review within the period determined pursuant to subparagraph (B), or if a project has not received written direction from the commission within the period specified in clause (iv) of subparagraph (B), the commission shall be deemed to have waived review of the project and the project may proceed as if it had been approved by the commission, but the project is subject to the review of the electrical or gas corporation. (4) (A) For projects that were not reviewed and did not receive written documentation, as specified in subparagraph (G) of paragraph (3), an electrical corporation or gas corporation may rely on its project application review process to determine the forecast energy savings values for the project based on rules adopted by the commission, and base the final customer incentive payment and contractor pay-for-performance payment on postinstallation measurement and verification results. (B) The commission may employ postinstallation review of a project to determine if the project was carried out consistent with the application and to obtain information pertaining to whether the eligibility criteria or metrics should be revised. (5) Except as described in paragraph (2), this subdivision does not limit the commission’s existing authority to evaluate projects or programs for the purpose of prospectively adjusting the projects or programs for industrial and agricultural processes, facilities, systems, and equipment. (Amended by Stats. 2019, Ch. 497, Sec. 239. (AB 991) Effective January 1, 2020.)
  172. 381.4.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 7. Research, Environmental, and Low-Income Funds [381 - 384.5] ( Article 7 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must require electrical or gas corporations to revise certain ratepayer-funded energy efficiency programs so they complement, and do not duplicate, state agency programs.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 7. Research, Environmental, and Low-Income Funds [381 - 384.5] ( Article 7 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 381.4. The commission shall require an electrical or gas corporation to revise a ratepayer-funded energy efficiency program identified pursuant to Section 913.9 as necessary to ensure that the program complements and does not duplicate a program administered by a state agency. (Added by Stats. 2017, Ch. 425, Sec. 1. (SB 385) Effective January 1, 2018.)
  173. 381.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 7. Research, Environmental, and Low-Income Funds [381 - 384.5] ( Article 7 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The Legislature states an intent to protect and strengthen community service providers and to make low-income energy efficiency program evaluations consider accessibility and quality, not cost alone.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 7. Research, Environmental, and Low-Income Funds [381 - 384.5] ( Article 7 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 381.5. It is the intent of the Legislature to protect and strengthen the current network of community service providers by doing the following: (a) Directing that any evaluation of the effectiveness of the low-income energy efficiency programs shall be based not solely on cost criteria, but also on the degree to which the provision of services allows maximum program accessibility to quality programs to low-income communities by entities that have demonstrated performance in effectively delivering services to the communities. (b) Ensuring that high quality, low-income energy efficiency programs are delivered to the maximum number of eligible participants at a reasonable cost. (Added by Stats. 1999, Ch. 700, Sec. 2. Effective January 1, 2000.)
  174. 382.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 7. Research, Environmental, and Low-Income Funds [381 - 384.5] ( Article 7 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must support and fund low-income electricity and gas programs, conduct periodic needs assessments, ensure eligible customers can participate in efficiency programs, and coordinate funding efforts.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 7. Research, Environmental, and Low-Income Funds [381 - 384.5] ( Article 7 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 382. (a) Programs provided to low-income electricity customers, including, but not limited to, targeted energy-efficiency services and the California Alternate Rates for Energy program shall be funded at not less than 1996 authorized levels based on an assessment of customer need. (b) In order to meet legitimate needs of electric and gas customers who are unable to pay their electric and gas bills and who satisfy eligibility criteria for assistance, recognizing that electricity is a basic necessity, and that all residents of the state should be able to afford essential electricity and gas supplies, the commission shall ensure that low-income ratepayers are not jeopardized or overburdened by monthly energy expenditures. Energy expenditure may be reduced through the establishment of different rates for low-income ratepayers, different levels of rate assistance, and energy efficiency programs. (c) Nothing in this section shall be construed to prohibit electric and gas providers from offering any special rate or program for low-income ratepayers that is not specifically required in this section. (d) Beginning in 2002, an assessment of the needs of low-income electricity and gas ratepayers shall be conducted periodically by the commission with the assistance of the Low-Income Oversight Board. A periodic assessment shall be made not less often than every third year. The assessment shall evaluate low-income program implementation and the effectiveness of weatherization services and energy efficiency measures in low-income households. The assessment shall consider whether existing programs adequately address low-income electricity and gas customers’ energy expenditures, hardship, language needs, and economic burdens. (e) The commission shall, by not later than December 31, 2020, ensure that all eligible low-income electricity and gas customers are given the opportunity to participate in low-income energy efficiency programs, including customers occupying apartments or similar multiunit residential structures. The commission and electrical corporations and gas corporations shall make all reasonable efforts to coordinate ratepayer-funded programs with other energy conservation and efficiency programs and to obtain additional federal funding to support actions undertaken pursuant to this subdivision. These programs shall be designed to provide long-term reductions in energy consumption at the dwelling unit based on an audit or assessment of the dwelling unit, and may include improved insulation, energy efficient appliances, measures that utilize solar energy, and other improvements to the physical structure. (f) The commission shall allocate funds necessary to meet the low-income objectives in this section. (Amended by Stats. 2013, Ch. 611, Sec. 1. (AB 327) Effective January 1, 2014.)
  175. 382.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 7. Research, Environmental, and Low-Income Funds [381 - 384.5] ( Article 7 added by Stats. 1996, Ch. 854, Sec. 10. )

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    This section creates the Low-Income Oversight Board and requires it to advise the commission on low-income utility customer issues, while the commission must work with the board and support its operations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 7. Research, Environmental, and Low-Income Funds [381 - 384.5] ( Article 7 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 382.1. (a) There is hereby established a Low-Income Oversight Board that shall advise the commission on low-income electric, gas, and water customer issues and shall serve as a liaison for the commission to low-income ratepayers and representatives. The Low-Income Oversight Board shall replace the Low-Income Advisory Board in existence on January 1, 2000. The Low-Income Oversight Board shall do all of the following to advise the commission regarding the commission’s duties: (1) Monitor and evaluate implementation of all programs provided to low-income electricity, gas, and water customers. (2) Assist in the development and analysis of any assessments of low-income customer need. (3) Encourage collaboration between state and utility programs for low-income electricity and gas customers to maximize the leverage of state and federal energy efficiency funds to both lower the bills and increase the comfort of low-income customers. (4) Provide reports to the Legislature, as requested, summarizing the assessment of need, audits, and analysis of program implementation. (5) Assist in streamlining the application and enrollment process of programs for low-income electricity and gas customers with general low-income programs, including, but not limited to, the Universal Lifeline Telephone Service (ULTS) program and, including compliance with Section 739.1. (6) Encourage the usage of the network of community service providers in accordance with Section 381.5. (b) The Low-Income Oversight Board shall be comprised of 11 members to be selected as follows: (1) Five members selected by the commission who have expertise in the low-income community and who are not affiliated with any state agency or utility group. These members shall be selected in a manner to ensure an equitable geographic distribution. (2) One member selected by the Governor. (3) One member selected by the commission who is a commissioner or commissioner designee. (4) One member selected by the Department of Community Services and Development. (5) One member selected by the commission who is a representative of private weatherization contractors. (6) One member selected by the commission who is a representative of an electrical or gas corporation. (7) One member selected by the commission who is a representative of a water corporation. (c) The Low-Income Oversight Board shall alternate meeting locations between northern, central, and southern California. (d) The Low-Income Oversight Board may establish a technical advisory committee consisting of low-income service providers, utility representatives, consumer organizations, and commission staff, to assist the board and may request utility representatives and commission staff to assist the technical advisory committee. (e) The commission shall do all of the following in conjunction with the board: (1) Work with the board, interested parties, and community-based organizations to increase participation in programs for low-income customers. (2) Provide technical support to the board. (3) Ensure that the energy burden of low-income electricity and gas customers is reduced. (4) Provide formal notice of board meetings in the commission’s daily calendar. (f) (1) Members of the board and members of the technical advisory committee shall be eligible for compensation in accordance with state guidelines for necessary travel. (2) Members of the board and members of the technical advisory committee who are not salaried state service employees shall be eligible for reasonable compensation for attendance at board meetings. (3) All reasonable costs incurred by the board in carrying out its duties pursuant to subdivision (a), including staffing, travel, and administrative costs, shall be reimbursed through the public utilities reimbursement account and shall be part of the budget of the commission and the commission shall consult with the board in the preparation of that portion of the commission’s annual proposed budget. (Amended by Stats. 2005, Ch. 662, Sec. 3. Effective January 1, 2006.)
  176. 384.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 7. Research, Environmental, and Low-Income Funds [381 - 384.5] ( Article 7 added by Stats. 1996, Ch. 854, Sec. 10. )

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    This section creates a trust fund for certain research money, limits how long appropriations from the fund may stay encumbered or be liquidated, allows some spending for qualifying energy projects, and requires the Energy Commission to report annually on outstanding encumbrances or liquidations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 7. Research, Environmental, and Low-Income Funds [381 - 384.5] ( Article 7 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 384. (a) Funds transferred to the Energy Commission pursuant to this article for purposes of public interest research, development, and demonstration shall be transferred to the Public Interest Research, Development, and Demonstration Fund, which is hereby created in the State Treasury. The fund is a trust fund and shall contain money from all interest, repayments, disencumbrances, royalties, and any other proceeds appropriated, transferred, or otherwise received for purposes pertaining to public interest research, development, and demonstration. Any appropriations that are made from the fund shall have an encumbrance period of not longer than two years, and a liquidation period of not longer than four years. (b) Funds deposited in the Public Interest Research, Development, and Demonstration Fund may be expended for projects that serve the energy needs of both stationary and transportation purposes if the research provides an electricity ratepayer benefit. (c) The Energy Commission shall report annually to the appropriate budget committees of the Legislature on any encumbrances or liquidations that are outstanding at the time the commission’s budget is submitted to the Legislature for review. (Amended by Stats. 2019, Ch. 396, Sec. 20. (AB 1513) Effective January 1, 2020.)
  177. 384.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 7. Research, Environmental, and Low-Income Funds [381 - 384.5] ( Article 7 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must order electrical corporations to submit a tariff for local governments to fund streetlight energy-efficiency improvements, and the owning electrical corporation must carry out the selected improvements under safety rules.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 7. Research, Environmental, and Low-Income Funds [381 - 384.5] ( Article 7 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 384.5. (a) On or before March 1, 2014, the commission shall order electrical corporations to submit, on or before July 1, 2015, a tariff to be used, at the discretion of local governments, to fund energy efficiency improvements in street light poles owned by the electrical corporations to ensure reduced energy consumption for local governments who are streetlight customers covered by these tariffs. (b) The tariff shall be designed to allow local governments to remit the cost of the improvement through the tariff over time, resulting in reduced energy consumption, without shifting costs to nonparticipating ratepayers. The cost of the improvement shall be identified separately rather than included within the charge for electrical service. (c) Notwithstanding subdivision (b), the improvement performed pursuant to the tariff submitted under subdivision (a) shall be eligible for any rebate or incentives available through ratepayer-funded programs intended to increase energy efficiency. (d) The electrical corporation that owns the street light poles shall install or otherwise make the energy efficiency improvements selected by the local government with an appropriately trained workforce in accordance with all applicable safety orders of the commission. (e) For the purposes of this section, the following terms have the following meanings: (1) “Electrical corporation” means an electrical corporation, as defined in Section 218, with at least 100,000 service connections in California. (2) “Street light pole” means a pole, arm, or fixture used primarily for street, pedestrian, or security lighting. (Added by Stats. 2013, Ch. 616, Sec. 2. (AB 719) Effective January 1, 2014.)
  178. 385.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 8. Publicly Owned Utilities [385 - 386] ( Article 8 added by Stats. 1996, Ch. 854, Sec. 10. )

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    Local publicly owned electric utilities must set a usage-based, nonbypassable charge and, in some cases, assess low-income program needs, hold public meetings, decide funding levels, and implement or expand programs.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 8. Publicly Owned Utilities [385 - 386] ( Article 8 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 385. (a) Each local publicly owned electric utility shall establish a nonbypassable, usage based charge on local distribution service of not less than the lowest expenditure level of the three largest electrical corporations in California on a percent of revenue basis, calculated from each utility’s total revenue requirement for the year ended December 31, 1994, and each utility’s total annual expenditure under paragraphs (1), (2), and (3) of subdivision (c) of Section 381 and Section 382, to fund investments by the utility and other parties in any or all of the following: (1) Cost-effective demand-side management services to promote energy efficiency and energy conservation. (2) New investment in renewable energy resources and technologies consistent with existing statutes and regulations which promote those resources and technologies. (3) Research, development and demonstration programs for the public interest to advance science or technology which is not adequately provided by competitive and regulated markets. (4) Services provided for low-income electricity customers, including, but not limited to, energy efficiency services, education, weatherization, and rate discounts. (b) Each local publicly owned electric utility that has not implemented programs for low-income electricity customers including targeted energy efficiency services and rate discounts based upon the income level of the customer, or completed an assessment of need for those programs, on or before December 31, 2000, shall perform a needs assessment for the programs described in paragraph (4) of subdivision (a) and shall hold one or more public meetings, after notice, to review the findings of the needs assessment. Following the public meetings, the governing body of the local publicly owned electric utility shall determine the amount of the total funds collected pursuant to this section to be allocated to low-income programs, including, but not limited to, targeted energy efficiency services, education, weatherization, and rate discounts. In making its decision on the need for the programs, the governing body shall consider all of the following: (1) The number and income level of low-income customers that reside in the service area of the utility. (2) The availability of home weatherization services to low-income customers pursuant to Section 2790. (3) The availability of in-home energy efficiency education in the utility’s service area. (4) Other factors that may indicate a need for low-income services. (c) Following a determination pursuant to subdivision (b) that low-income services are needed, the local publicly owned utility shall promptly implement or expand those programs. The local publicly owned electric utility shall work with existing weatherization providers to implement energy efficiency, education, and weatherization programs. (Amended by Stats. 2000, Ch. 1041, Sec. 2. Effective January 1, 2001.)
  179. 386.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 8. Publicly Owned Utilities [385 - 386] ( Article 8 added by Stats. 1996, Ch. 854, Sec. 10. )

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    Local publicly owned electric utilities must support low-income electricity access, align assistance with need, offer no-cost and low-cost efficiency measures, streamline enrollment for low-income programs, and set participation goals.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 8. Publicly Owned Utilities [385 - 386] ( Article 8 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 386. (a) Each local publicly owned electric utility shall ensure the following: (1) Low-income families within the utility’s service territory have access to affordable electricity. (2) The current level of assistance reflects the level of need. (3) Low-income families are afforded no-cost and low-cost energy efficiency measures that reduce energy consumption. (b) The local publicly owned electric utility shall consider increasing the level of the discount or raising the eligibility level for any existing rate assistance program to be reflective of customer need. (c) A publicly owned electric utility shall streamline enrollment for low-income programs by collaborating with existing providers for the Low-Income Home Energy Assistance Program (LIHEAP) and other electric or gas providers within the same service territory. (d) A local publicly owned electric utility shall establish participation goals for its rate assistance program participation. (Added by Stats. 2001, 2nd Ex. Sess., Ch. 11, Sec. 3. Effective August 8, 2002.)
  180. 388.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 9. State Agencies [388- 388.] ( Article 9 added by Stats. 1996, Ch. 854, Sec. 10. )

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    State agencies may enter energy savings contracts, and certain state or local agencies may create a pool of qualified energy service companies.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 9. State Agencies [388- 388.] ( Article 9 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 388. (a) Notwithstanding any other provision of law, a state agency may enter into an energy savings contract with a qualified energy service company for the purchase or exchange of thermal or electrical energy or water, or to acquire energy efficiency or water conservation services, or both energy efficiency and water conservation services for a term not exceeding 35 years, at rates and upon those terms approved by the agency. (b) The Department of General Services or any other state or local agency intending to enter into an energy savings contract or a contract for an energy retrofit project may establish a pool of qualified energy service companies based on qualifications, experience, pricing, or other pertinent factors. Energy service contracts for individual projects undertaken by any state or local agency may be awarded through a competitive selection process to individuals or firms identified in the pool. The pool of qualified energy service companies and contractors shall be reestablished at least every two years or shall expire. (c) For purposes of this section, the following definitions apply: (1) (A) “Energy retrofit project” means a project for which the state or local agency works with a qualified energy service company to identify, develop, design, and implement energy conservation measures in existing facilities to reduce energy or water use or make more efficient use of energy or water. (B) “Energy retrofit project” does not include the erection or installation of a power generation system, a power purchase agreement, or a project utilizing a site license or lease agreement. (2) “Energy savings” means a measured and verified reduction in fuel, energy, or water consumption when compared to an established baseline of consumption. (3) “Qualified energy service company” means a company with a demonstrated ability to provide or arrange for building or facility energy auditors, selection and design of appropriate energy savings measures, project financing, implementation of these measures, and maintenance and ongoing measurement of these measures as to ensure and verify energy savings. (Amended by Stats. 2016, Ch. 341, Sec. 7. (SB 840) Effective September 13, 2016.)
  181. 390.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 10. Nonutility Power Generators [390 - 390.1] ( Article 10 added by Stats. 1996, Ch. 854, Sec. 10. )

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    This section sets rules for how electrical corporations pay nonutility power generators for energy, including when payments use a formula, when they switch to the independent Power Exchange clearing price, and when capacity value is excluded.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 10. Nonutility Power Generators [390 - 390.1] ( Article 10 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 390. (a) Subject to applicable contractual terms, energy prices paid to nonutility power generators by a public utility electrical corporation based upon the commission’s prescribed “short run avoided cost energy methodology” shall be determined as set forth in subdivisions (b) and (c). (b) Until the requirements of subdivision (c) have been satisfied, short run avoided cost energy payments paid to nonutility power generators by an electrical corporation shall be based on a formula that reflects a starting energy price, adjusted monthly to reflect changes in a starting gas index price in relation to an average of current California natural gas border price indices. The starting energy price shall be based on 12-month averages of recent, pre-January 1, 1996, short-run avoided energy prices paid by each public utility electrical corporation to nonutility power generators. The starting gas index price shall be established as an average of index gas prices for the same annual periods. (c) The short-run avoided cost energy payments paid to nonutility power generators by electrical corporations shall be based on the clearing price paid by the independent Power Exchange if (1) the commission has issued an order determining that the independent Power Exchange is functioning properly for the purposes of determining the short-run avoided cost energy payments to be made to nonutility power generators, and either (2) the fossil-fired generation units owned, directly or indirectly, by the public utility electrical corporation are authorized to charge market-based rates and the “going forward” costs of those units are being recovered solely through the clearing prices paid by the independent Power Exchange or from contracts with the Independent System Operator, whether those contracts are market-based or based on operating costs for particular utility-owned powerplant units and at particular times when reactive power/voltage support is not yet procurable at market-based rates at locations where it is needed, and are not being recovered directly or indirectly through any other source, or (3) the public utility electrical corporation has divested 90 percent of its gas-fired generation facilities that were operated to meet load in 1994 and 1995. However, nonutility power generators subject to this section may, upon appropriate notice to the public utility electrical corporation, exercise a one-time option to elect to thereafter receive energy payments based upon the clearing price from the independent Power Exchange. (d) If a nonutility power generator is being paid short-run avoided costs energy payments by an electrical corporation by a firm capacity contract, a forecast as-available capacity contract, or a forecast as-delivered capacity contract on the basis of the clearing price paid by the independent Power Exchange as described in subdivision (c) above, the value of capacity in the clearing price, if any, shall not be paid to the nonutility power generator. The value of capacity in the clearing price, if any, equals the difference between the market clearing customer demand bid at the level of generation dispatched by the independent Power Exchange and the highest supplier bid dispatched. (e) Short-run avoided energy cost payments made pursuant to this section are in addition to contractually specified capacity payments. Nothing in this section shall be construed to affect, modify or amend the terms and conditions of existing nonutility power generators’ contracts with respect to the sale of energy or capacity or otherwise. (f) Nothing in this section shall be construed to limit the level of transition cost recovery provided to utilities under electric industry restructuring policies established by the commission. (g) The term “going forward costs” shall include, but not be limited to, all costs associated with fuel transportation and fuel supply, administrative and general, and operation and maintenance; provided that, for purposes of this section, the following shall not be considered “going forward costs”: (1) commission-approved capital costs for capital additions to fossil-fueled powerplants, provided that such additions are necessary for the continued operation of the powerplants utilized to meet load and such additions are not undertaken primarily to expand, repower or enhance the efficiency of plant operations; or, (2) commission-approved operating costs for particular utility-owned powerplant units and at particular times when reactive power/voltage support is not yet procurable at market-based rates in locations where it is needed, provided that the recovery shall end on December 31, 2001. (Added by Stats. 1996, Ch. 854, Sec. 10. Effective September 24, 1996.)
  182. 390.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 10. Nonutility Power Generators [390 - 390.1] ( Article 10 added by Stats. 1996, Ch. 854, Sec. 10. )

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    Some qualifying nonutility renewable-energy generators may negotiate a further five-year contract for fixed energy payments after the initial five-year term ends, with the price set by the commission.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 10. Nonutility Power Generators [390 - 390.1] ( Article 10 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 390.1. Any nonutility power generator using renewable fuels that has entered into a contract with an electrical corporation prior to December 31, 2001, specifying fixed energy prices for five years of output may negotiate a contract for an additional five years of fixed energy payments upon expiration of the initial five-year term, at a price to be determined by the commission. (Added by Stats. 2002, Ch. 516, Sec. 2. Effective January 1, 2003.)
  183. 3901.

    ## Public Utilities Code - PUC ## DIVISION 2. REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION [3901 - 5513] ( Division 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Interstate and Foreign Motor Carriers of Household Goods and Passengers Act [3901 - 3950] ( Chapter 1 added by Stats. 1996, Ch. 1042, Sec. 29.5. ) ## ARTICLE 1. General Provisions [3901 - 3950] ( Article 1 added by Stats. 1996, Ch. 1042, Sec. 29.5. )

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    This section says the chapter may be cited by a specific short title.

    ## Public Utilities Code - PUC ## DIVISION 2. REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION [3901 - 5513] ( Division 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Interstate and Foreign Motor Carriers of Household Goods and Passengers Act [3901 - 3950] ( Chapter 1 added by Stats. 1996, Ch. 1042, Sec. 29.5. ) ## ARTICLE 1. General Provisions [3901 - 3950] ( Article 1 added by Stats. 1996, Ch. 1042, Sec. 29.5. ) ## 3901. This chapter may be cited as the Interstate and Foreign Motor Carriers of Household Goods and Passengers Act. (Added by Stats. 1996, Ch. 1042, Sec. 29.5. Effective September 29, 1996.)
  184. 3902.

    ## Public Utilities Code - PUC ## DIVISION 2. REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION [3901 - 5513] ( Division 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Interstate and Foreign Motor Carriers of Household Goods and Passengers Act [3901 - 3950] ( Chapter 1 added by Stats. 1996, Ch. 1042, Sec. 29.5. ) ## ARTICLE 1. General Provisions [3901 - 3950] ( Article 1 added by Stats. 1996, Ch. 1042, Sec. 29.5. )

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    Household goods carriers and motor carriers must register before providing covered interstate or foreign transportation in California.

    ## Public Utilities Code - PUC ## DIVISION 2. REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION [3901 - 5513] ( Division 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Interstate and Foreign Motor Carriers of Household Goods and Passengers Act [3901 - 3950] ( Chapter 1 added by Stats. 1996, Ch. 1042, Sec. 29.5. ) ## ARTICLE 1. General Provisions [3901 - 3950] ( Article 1 added by Stats. 1996, Ch. 1042, Sec. 29.5. ) ## 3902. (a) No household goods carrier, as defined in Section 5109, shall engage in any interstate or foreign transportation of property for compensation by motor vehicle, and no motor carrier shall engage in any interstate or foreign transportation of passengers for compensation by motor vehicle, on any public highway in this state without first having registered the operation with the commission or the carrier’s base registration state, if other than California, as determined in accordance with final regulations issued by the Interstate Commerce Commission pursuant to the Intermodal Surface Transportation Efficiency Act of 1991 (49 U.S.C. Sec. 11506). To register with the commission, carriers specified in this section shall comply with the following: (1) When the operation requires authority from the Interstate Commerce Commission under the Interstate Commerce Act, or authority from another federal regulatory agency, a copy of that authority shall be filed with the initial application for registration. A copy of any additions or amendments to the authority shall be filed with the commission. (2) If the operation does not require authority from the Interstate Commerce Commission under the Interstate Commerce Act, or authority from another federal regulatory agency, an affidavit of that exempt status shall be filed with the application for registration. (3) The commission shall grant registration upon the filing of the application pursuant to applicable law and the payment of any applicable fees, subject to the carrier’s compliance with this chapter. (Added by Stats. 1996, Ch. 1042, Sec. 29.5. Effective September 29, 1996.)
  185. 3903.

    ## Public Utilities Code - PUC ## DIVISION 2. REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION [3901 - 5513] ( Division 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Interstate and Foreign Motor Carriers of Household Goods and Passengers Act [3901 - 3950] ( Chapter 1 added by Stats. 1996, Ch. 1042, Sec. 29.5. ) ## ARTICLE 1. General Provisions [3901 - 3950] ( Article 1 added by Stats. 1996, Ch. 1042, Sec. 29.5. )

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    Certain household goods carriers and passenger motor carriers do not have to file another initial application if they already registered their authority with the commission under former Section 3810.

    ## Public Utilities Code - PUC ## DIVISION 2. REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION [3901 - 5513] ( Division 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Interstate and Foreign Motor Carriers of Household Goods and Passengers Act [3901 - 3950] ( Chapter 1 added by Stats. 1996, Ch. 1042, Sec. 29.5. ) ## ARTICLE 1. General Provisions [3901 - 3950] ( Article 1 added by Stats. 1996, Ch. 1042, Sec. 29.5. ) ## 3903. Household goods carriers, as defined in Section 5109, engaged in interstate or foreign transportation or property for compensation by motor vehicle, and motor carriers engaged in interstate or foreign transportation of passengers for compensation by motor vehicle, upon any public highway in this state who had registered their authority from the Interstate Commerce Commission with the commission pursuant to former Section 3810 are not required to file another initial application as prescribed in paragraph (1) of subdivision (a) of Section 3902. (Added by Stats. 1996, Ch. 1042, Sec. 29.5. Effective September 29, 1996.)
  186. 391.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 11. Information Practices [391 - 392.1] ( Article 11 added by Stats. 1996, Ch. 854, Sec. 10. )

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    This section states legislative findings about electricity restructuring, consumer protection, and market registration in California.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 11. Information Practices [391 - 392.1] ( Article 11 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 391. The Legislature finds and declares all of the following: (a) Electricity is essential to the health, safety, and economic well-being of all California consumers. (b) The restructuring of the electricity industry will create a new electricity market with new marketers and sellers offering new goods and services, many of which may not be readily evaluated by the average consumer. (c) It is important that these customers be protected from unfair marketing practices and that market participants demonstrate their creditworthiness and technical expertise in order to engage in power sales to these members of the public. (d) Larger commercial and industrial customers are sophisticated energy consumers that have adequate civil remedies and are adequately protected by existing commercial law, as demonstrated by the absence of significant amounts of contract litigation between commercial and industrial natural gas users and natural gas marketers in California. (e) It is important to create a market structure that will not unduly burden new entrants into the competitive electric market, or California may not receive the full benefits of reduced electricity costs through competition. (f) It is appropriate to create a system of registration and consumer protection for the electric industry, designed to ensure sufficient protection for residential and small commercial consumers while simplifying entry into the market for responsible entities serving larger, more sophisticated customers. (g) It is the intent of the Legislature that: (1) Electricity consumers be provided with sufficient and reliable information to be able to compare and select among products and services provided in the electricity market. (2) Consumers be provided with mechanisms to protect themselves from marketing practices that are unfair or abusive. (3) Pursuant to the authority granted to the commission in this part as to registration and consumer protection matters, the commission shall balance the need to maximize competition by reducing barriers to entry into the small retail electricity procurement market with the need to protect small consumers against deceptive, unfair, or abusive business practices, or insolvency of the entity offering retail electric service. (h) It is the intent of the Legislature in enacting this act to further the policies of AB 1890 (Chapter 854, Statutes of 1996) relating to electric industry restructuring. (Added by Stats. 1997, Ch. 275, Sec. 8. Effective August 15, 1997.)
  187. 392.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 11. Information Practices [391 - 392.1] ( Article 11 added by Stats. 1996, Ch. 854, Sec. 10. )

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    Electrical corporations must disclose bill components and give conspicuous notice about continued liability for the competition transition charge; they must also help create a customer education program before the charge is implemented.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 11. Information Practices [391 - 392.1] ( Article 11 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 392. (a) (1) Electrical corporations shall disclose each component of the electrical bill as follows: (A) The total charges associated with transmission and distribution, including that portion comprising the research, environmental, and low-income funds. (B) The total charges associated with generation, including the competition transition charge. (2) Electrical corporations shall provide conspicuous notice that if the customer elects to purchase electricity from another provider that customer will continue to be liable for payment of the competition transition charge. This paragraph does not prohibit the commission from requiring additional information. (b) Prior to the implementation of the competition transition charge, electric corporations, in conjunction with the commission, shall devise and implement a customer education program informing customers of the changes to the electric industry. The program shall provide customers with information necessary to help them make appropriate choices as to their electric service. The education program shall be subject to approval by the commission. (c) The standard bill format developed by the commission pursuant to subdivision (e) of Section 394.4 shall also apply to electrical corporations. (Repealed and added by Stats. 1997, Ch. 275, Sec. 10. Effective August 15, 1997.)
  188. 392.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 11. Information Practices [391 - 392.1] ( Article 11 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must keep several provider lists and service-information records updated, make some information public, and issue alerts and written notices in specified cases. Registered entities must file service-plan terms, and public-agency registered entities disclose service-contract terms only to the same extent as other registered entities.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 11. Information Practices [391 - 392.1] ( Article 11 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 392.1. (a) The commission shall compile and regularly update the names and contact numbers of registered providers. (b) (1) The commission shall also compile and regularly update information to assist consumers in making service choices and the number of customer complaints against specific providers in relation to the number of customers served by those providers and the disposition of those complaints. To facilitate this function, registered entities shall file with the commission information describing the terms and conditions of any standard service plan made available to residential and small commercial customers. The commission shall adopt a standard format for this filing. The commission shall maintain and make generally available a list of entities offering electrical services operating in California. This list shall include all registered providers and those providers not required to be registered who request the commission to be included in the list. The commission shall, upon request, make this information available at no charge. Notwithstanding any other provision of law, public agencies that are registered entities shall be required to disclose their terms and conditions of service contracts only to the same extent that other registered entities would be required to disclose the same or similar service contracts. (2) The commission shall issue public alerts about companies attempting to provide electric service in the state in an unauthorized or fraudulent manner as defined in subdivision (b) of Section 394.25. (3) (A) This subdivision is inoperative except for time periods in which providers are authorized to offer service to residential customers and the combined enrollments in competitive retail electric service in the service territories of the Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas and Electric Company increase at a rate of more than 5 percent per month. (B) The commission shall notify, in writing, the Secretary of State at the beginning and end of any time period described in subparagraph (A). (Amended by Stats. 2013, Ch. 604, Sec. 1. (SB 656) Effective January 1, 2014.)
  189. 394.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. )

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    Electric service providers must register with the commission and submit specified information; the commission also has duties and limited powers related to fingerprint checks and registration standards.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 394. (a) As used in this section, “electric service provider” means an entity that offers electrical service to customers within the service territory of an electrical corporation, but does not include an electrical corporation, as defined in Section 218, does not include an entity that offers electrical service solely to serve customer load consistent with subdivision (b) of Section 218, and does not include a public agency that offers electrical service to residential and small commercial customers within its jurisdiction, or within the service territory of a local publicly owned electric utility. “Electric service provider” includes the unregulated affiliates and subsidiaries of an electrical corporation, as defined in Section 218. (b) Each electric service provider shall register with the commission. As a precondition to registration, the electric service provider shall provide, under oath, declaration, or affidavit, all of the following information to the commission: (1) Legal name and any other names under which the electric service provider is doing business in California. (2) Current telephone number. (3) Current address. (4) Agent for service of process. (5) State and date of incorporation, if any. (6) Number for a customer contact representative, or other personnel for receiving customer inquiries. (7) Brief description of the nature of the service being provided. (8) Disclosure of any civil, criminal, or regulatory sanctions or penalties imposed within the 10 years immediately prior to registration, against the company or any owner, partner, officer, or director of the company pursuant to any state or federal consumer protection law or regulation, and of any felony convictions of any kind against the company or any owner, partner, officer, or director of the company. In addition, each electric service provider shall furnish the commission with fingerprints for those owners, partners, officers, and managers of the electric service provider specified by any commission decision applicable to all electric service providers. The commission shall submit completed fingerprint cards to the Department of Justice. Those fingerprints shall be available for use by the Department of Justice and the Department of Justice may transmit the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The commission may use information obtained from a national criminal history record check conducted pursuant to this section to determine an electric service provider’s eligibility for registration. (9) Proof of financial viability. The commission shall develop uniform standards for determining financial viability and shall publish those standards for public comment no later than March 31, 1998. In determining the financial viability of the electric service provider, the commission shall take into account the number of customers the potential registrant expects to serve, the number of kilowatthours of electricity it expects to provide, and any other appropriate criteria to ensure that residential and small commercial customers have adequate recourse in the event of fraud or nonperformance. (10) Proof of technical and operational ability. The commission shall develop uniform standards for determining technical and operational capacity and shall publish those standards for public comment no later than March 31, 1998. (c) Any registration filing approved by the commission prior to the effective date of this section which does not comply in all respects with the requirements of subdivision (a) of Section 394 shall nevertheless continue in force and effect so long as within 90 days of the effective date of this section the electric service provider undertakes to supplement its registration filing to the satisfaction of the commission. Any registration that is not supplemented by the required information within the time set forth in this subdivision shall be suspended by the commission and shall not be reinstated until the commission has found the registration to be in full compliance with subdivision (a) of Section 394. (d) Any public agency offering aggregation services as provided for in Section 366 solely to retail electric customers within its jurisdiction that has registered with the commission prior to the enactment of this section may voluntarily withdraw its registration to the extent that it is exempted from registration under this chapter. (e) Before reentering the market, electric service providers whose registration has been revoked shall file a formal application with the commission that satisfies the requirements set forth in Section 394.1 and demonstrates the fitness and ability of the electric service provider to comply with all applicable rules of the commission. (f) Registration with the commission is an exercise of the licensing function of the commission, and does not constitute regulation of the rates or terms and conditions of service offered by electric service providers. Nothing in this part authorizes the commission to regulate the rates or terms and conditions of service offered by electric service providers. (Amended by Stats. 2002, Ch. 838, Sec. 6. Effective January 1, 2003.)
  190. 394.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must approve and issue a registration number within 45 days after required information is submitted, unless its executive director finds evidence supporting denial. If that happens, the commission must notify the provider, set an expedited hearing, decide the request after the hearing, and include findings and legal conclusions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 394.1. (a) The registration shall be deemed approved and a registration number issued no later than 45 days after the required information has been submitted, unless the commission’s executive director finds, upon review of the information submitted by the electric service provider or available to the commission, that there is evidence to support a finding that the electric service provider has committed an act constituting grounds for denial of registration as specifically set forth in the operative provisions of this chapter, including, but not limited to, subdivision (c). (b) Upon a finding by the commission’s executive director that there is evidence to support a finding that the electric service provider has committed an act constituting grounds for denial of registration as set forth in this section, the commission shall notify the electric service provider in writing, cause the documents submitted by the electric service provider to be filed as a formal application for registration, and notice an expedited hearing on the registration of the electric service provider to be held within 30 days of the notification to the electric service provider of the executive director’s finding of evidence to support denial of registration. The commission shall, within 45 days after holding the hearing, issue a decision on the registration request which shall be based on the findings of fact and conclusions of law based on the evidence presented at the hearing. The decision shall include the findings of fact and the conclusions of law relied upon. (c) (1) The commission may deny an application for registration in accordance with subdivision (b) on the grounds that the electric service provider or any officer or director of the electric service provider has one or more of the following: (A) Been convicted of a crime as described in paragraph (8) of subdivision (a) of Section 394. (B) Failure to make a sufficient showing with respect to paragraphs (1) to (10), inclusive, of subdivision (a) of Section 394. (C) Knowingly made a false statement of fact in the application for registration. (2) The commission may deny registration pursuant to this subdivision only if the crime or act is substantially related to the qualifications, functions, or duties required to provide retail electric service to end use customers of electricity or the false statement is material to the registration application. For purposes of this subdivision, conviction of a crime shall be established in the same manner as that set forth in paragraph (1) of subdivision (a) of Section 480 of the Business and Professions Code. (d) The commission shall require electric service providers registered under this section to update their registration information set forth in paragraphs (1) to (10), inclusive, of subdivision (a) of Section 394 within 60 days of any material change in the information provided. Material changes to any other information required pursuant to this article shall be updated annually. (Amended by Stats. 1999, Ch. 1005, Sec. 10.1. Effective January 1, 2000.)
  191. 394.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must handle consumer complaints about electric service providers, and may investigate suspected customer abuse patterns. Residential and small commercial customers may choose court or commission complaint routes, but cannot raise the same claim in both forums.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 394.2. (a) The commission shall accept, compile, and attempt to informally resolve consumer complaints regarding electric service providers. Where the commission reasonably suspects a pattern of customer abuses, the commission may, on its own motion, initiate investigations into the activities of electric service providers offering electrical service. Consumer complaints regarding service by a public agency offering electric service within the political boundary of the public agency or service territory of a local publicly owned electric utility shall continue to be resolved by the public agency. Within the service territory of a local publicly owned utility, consumer complaints arising from the violation of direct access rules adopted by the governing body of the local publicly owned utility shall be resolved through the local publicly owned utility’s consumer complaint procedures. (b) Notwithstanding other provisions, residential and small commercial customers shall have the option to proceed with a complaint against an electric service provider either through an action filed in the judicial court system or through a complaint filed with the commission. A customer who elects either the judicial or commission remedies may not raise the same claim in both forums. The commission shall have the authority to accept, compile, and resolve residential, and small commercial consumer complaints, including the authority to award reparations. The commission’s authority in these complaint proceedings is limited to adjudication of complaints regarding residential and small commercial electric service provided by an electric service provider and shall not be expanded to include either an award of any other damages or regulation of the rates or charges of the electric service provider. However, a person or electric service provider that takes a conflict to the commission shall not be precluded from pursuing an appeal of the decision through the courts as provided for in law. (c) In connection with customer complaints or commission investigations into customer abuses, electric service providers shall provide the commission access to their accounts, books, papers, and documents related to California transactions as described in Sections 313 and 314, provided the information is relevant to the complaint or investigation. (d) No electric service provider may discontinue service to a customer for a disputed amount if that customer has filed a complaint that is pending with the commission, and that customer has paid the disputed amount into an escrow account. (Amended by Stats. 1999, Ch. 1005, Sec. 10.2. Effective January 1, 2000.)
  192. 394.25.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission may enforce certain rules against electric service providers and can suspend or revoke registrations, with notice, a hearing within 30 days, and a decision within 45 days.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 394.25. (a) The commission may enforce the provisions of Sections 2102, 2103, 2104, 2105, 2107, 2108, and 2114 against electric service providers as if those electric service providers were public utilities as defined in these code sections. Notwithstanding the above, nothing in this section grants the commission jurisdiction to regulate electric service providers other than as specifically set forth in this part. Electric service providers shall continue to be subject to the provisions of Sections 2111 and 2112. Upon a finding by the commission’s executive director that there is evidence to support a finding that the electric service provider has committed an act constituting grounds for suspension or revocation of registration as set forth in subdivision (b) of Section 394.25, the commission shall notify the electric service provider in writing and notice an expedited hearing on the suspension or revocation of the electric service provider’s registration to be held within 30 days of the notification to the electric service provider of the executive director’s finding of evidence to support suspension or revocation of registration. The commission shall, within 45 days after holding the hearing, issue a decision on the suspension or revocation of registration, which shall be based on findings of fact and conclusions of law based on the evidence presented at the hearing. The decision shall include the findings of fact and the conclusions of law relied upon. (b) An electric service provider may have its registration suspended or revoked, immediately or prospectively, in whole or in part, for any of the following acts: (1) Making material misrepresentations in the course of soliciting customers, entering into service agreements with those customers, or administering those service agreements. (2) Dishonesty, fraud, or deceit with the intent to substantially benefit the electric service provider or its employees, agents, or representatives, or to disadvantage retail electricity customers. (3) Where the commission finds that there is evidence that the electric service provider is not financially or operationally capable of providing the offered electric service. (4) The misrepresentation of a material fact by an applicant in obtaining a registration pursuant to Section 394. (c) Pursuant to its authority to revoke or suspend registration, the commission may suspend a registration for a specified period or revoke the registration, or in lieu of suspension or revocation, impose a moratorium on adding or soliciting additional customers. Any suspension or revocation of a registration shall require the electric service provider to cease serving customers within the boundaries of electrical corporations, and the affected customers shall be served by the electrical corporation until the time when they may select service from another service provider. Customers shall not be liable for the payment of any early termination fees or other penalties to any electric service provider under the service agreement if the serving electric service provider’s registration is suspended or revoked. (d) The commission shall require any electric service provider whose registration is revoked pursuant to paragraph (4) of subdivision (b) to refund all of the customer credit funds that the electric service provider received from the Energy Commission pursuant to subdivision (a) of Section 25744 of the Public Resources Code. The repayment of these funds shall be in addition to all other penalties and fines appropriately assessed against the electric service provider for committing those acts under other provisions of law. All customer credit funds refunded under this subdivision shall be deposited in the Renewable Resource Trust Fund for redistribution by the Energy Commission pursuant to Chapter 8.6 (commencing with Section 25740) of Division 15 of the Public Resources Code. This subdivision may not be construed to apply retroactively. (e) If a customer of an electric service provider or a community choice aggregator is involuntarily returned to service provided by an electrical corporation, any reentry fee imposed on that customer that the commission deems is necessary to avoid imposing costs on other customers of the electrical corporation shall be the obligation of the electric service provider or a community choice aggregator, except in the case of a customer returned due to default in payment or other contractual obligations or because the customer’s contract has expired. As a condition of its registration, an electric service provider or a community choice aggregator shall post a bond or demonstrate insurance sufficient to cover those reentry fees. In the event that an electric service provider becomes insolvent and is unable to discharge its obligation to pay reentry fees, the fees shall be allocated to the returning customers. (Amended by Stats. 2019, Ch. 396, Sec. 21. (AB 1513) Effective January 1, 2020.)
  193. 394.27.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. )

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    An electrical corporation must tell a customer that a property-damage claim tied to curtailed electric service may be brought in small claims court or another court, depending on the claim amount.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 394.27. When a customer files a claim with an electrical corporation for damages to property resulting from the curtailment of electric service due to the failure of the electrical corporation to reasonably provide service or restore service within a reasonable time after a fire, flood, earthquake, other natural disaster, or act of God, the electric corporation shall inform the customer that such claim may be pursued in small claims court or other judicial courts, depending on the amount of the claim. (Added by Stats. 1997, Ch. 275, Sec. 17. Effective August 15, 1997.)
  194. 394.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must collect a $100 registration fee from electric service providers that must register, deposit the proceeds in the specified account, and annually determine and collect certain consumer-protection costs. A registrant that does not provide the required fee or fee-related information within 30 days of billing faces a 15% penalty.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 394.3. To carry out essential elements of a sustainable and effective consumer protection program in connection with electric service providers offering electrical service to residential and small commercial customers as intended by the Legislature in this article, the following shall apply: (a) The commission shall collect a registration fee of one hundred dollars ($100) from electric service providers required to register under this article, and deposit the fee proceeds in the Public Utilities Reimbursement Account established under Section 402. (b) The commission shall annually determine the costs of administering the registration program and other facets of consumer protection directly related to the direct access transactions of electric service providers. The commission shall collect only those costs not already being collected elsewhere. A registrant who fails to submit to the commission a required fee or a piece of information upon which fees are calculated within 30 days of billing shall be subject to a 15-percent penalty. (Amended by Stats. 2013, Ch. 604, Sec. 2. (SB 656) Effective January 1, 2014.)
  195. 394.4.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. )

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    This section requires adopted rules for certain residential and small commercial electric services and sets standards for confidentiality, disconnection/reconnection, supplier changes, notices, billing, meter testing, and deposits.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 394.4. Rules that implement the following minimum standards shall be adopted by the commission for electric service providers offering electrical services to residential and small commercial customers and the governing body of a public agency offering electrical services to residential and small commercial customers within its jurisdiction: (a) Confidentiality: Customer information shall be confidential unless the customer consents in writing. This shall encompass confidentiality of customer specific billing, credit, or usage information. This requirement shall not extend to disclosure of generic information regarding the usage, load shape, or other general characteristics of a group or rate classification, unless the release of that information would reveal customer specific information because of the size of the group, rate classification, or nature of the information. (b) Physical disconnects and reconnects: Only an electrical corporation, or a publicly owned electric utility, that provides physical delivery service to the affected customer shall have the authority to physically disconnect or reconnect a customer from the transmission or distribution grid. Physical disconnection by electrical corporations subject to the commission’s jurisdiction shall occur only in accordance with protocols established by the commission. Physical disconnection by publicly owned electric utilities shall occur only in accordance with protocols established by the governing board of the local publicly owned electric utility. (c) Change in providers: Upon adequate notice supplied by a electric service provider to the electric corporation or local publicly owned electric utility providing physical delivery service, customers who are eligible for direct access may change their energy supplier. Energy suppliers may charge for this change, provided that any fee or penalty charged by the supplier associated with early termination of service, shall be disclosed in that contract or applicable tariff. (d) Written notices: Notices describing the terms and conditions of service as described in Section 394.5, service agreements, notices of late payment, notices of discontinuance of service, and disconnection notices addressed to residential and small commercial customers shall be easily understandable, and shall be provided in the language in which the electric service provider offered the services. (e) Billing: All bills shall have a standard bill format, as determined by the commission or the governing body, and shall contain sufficient detail for the customer to recalculate the bill for accuracy. Any late fees shall be separately stated. Each electric service provider shall provide on all customer bills a phone number by which customers may contact the electric service provider to report and resolve billing inquiries and complaints. An electric service provider contacted by a customer regarding a billing dispute shall advise the customer at the time of the initial contact that the customer may file a complaint with the commission if its dispute is not satisfactorily resolved by the electric service provider. (f) Meter integrity: An electric customer shall have a reasonable opportunity to have its meter tested to ensure the reasonable accuracy of the meter. The commission or governing body shall determine who is responsible for the cost of that testing. (g) Customer deposits: Electric service providers may require customer deposits before commencing service, but in no event shall the deposit be more than the estimated bill for the customer for a three-month period. (h) Additional protections: The commission or the governing body may adopt additional residential and small commercial consumer protection standards that are in the public interest. (Amended by Stats. 1999, Ch. 1005, Sec. 10.5. Effective January 1, 2000.)
  196. 394.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. )

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    Most electric service providers must give residential and small commercial customers a written notice before service starts, and the notice must describe the service price, terms, and conditions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 394.5. (a) Except for an electrical corporation as defined in Section 218, or a local publicly owned electric utility offering electrical service to residential and small commercial customers within its service territory, each electric service provider offering electrical service to residential and small commercial customers shall, prior to the commencement of service, provide the potential customer with a written notice of the service describing the price, terms, and conditions of the service. A notice shall include all of the following: (1) A clear description of the price, terms, and conditions of service, including: (A) The price of electricity expressed in a format that makes it possible for residential and small commercial customers to compare and select among similar products and services on a standard basis. The commission shall adopt rules to implement this subdivision. The commission shall require disclosure of the total price of electricity on a cents-per-kilowatthour basis, including the costs of all electric services and charges regulated by the commission. The commission shall also require estimates of the total monthly bill for the electric service at varying consumption levels, including the costs of all electric services and charges regulated by the commission. In determining these rules, the commission may consider alternatives to the cents-per-kilowatthour disclosure if other information would provide the customer with sufficient information to compare among alternatives on a standard basis. (B) Separate disclosure of all recurring and nonrecurring charges associated with the sale of electricity. (C) If services other than electricity are offered, an itemization of the services and the charge or charges associated with each. (2) An explanation of the applicability and amount of the competition transition charge, as determined pursuant to Sections 367 to 376, inclusive. (3) A description of the potential customer’s right to rescind the contract without fee or penalty as described in Section 395. (4) An explanation of the customer’s financial obligations, as well as the procedures regarding past due payments, discontinuance of service, billing disputes, and service complaints. (5) The electric service provider’s registration number, if applicable. (6) The right to change service providers upon written notice, including disclosure of any fees or penalties assessed by the supplier for early termination of a contract. (7) A description of the availability of low-income assistance programs for qualified customers and how customers can apply for these programs. (b) The commission may assist electric service providers in developing the notice. The commission may suggest inclusion of additional information it deems necessary for the consumer protection purposes of this section. On at least a semiannual basis, electric service providers shall provide the commission with a copy of the form of notice included in standard service plans made available to residential and small commercial customers. (c) An electric service provider offering electric services who declines to provide those services to a consumer shall, upon request of the consumer, disclose to that consumer the reason for the denial in writing within 30 days. At the time service is denied, the electric service provider shall disclose to the consumer the right to make this request. A consumer shall have at least 30 days from the date service is denied to make the request. (Amended by Stats. 2013, Ch. 604, Sec. 3. (SB 656) Effective January 1, 2014.)
  197. 394.6.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. )

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    This section defines how “service territory” is determined for local publicly owned electric utilities under this article.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 394.6. For purposes of this article, service territory of a local publicly owned electric utility means within the boundaries of its service territory as it existed on December 20, 1995, or within the boundaries specified in an applicable service territory boundary agreement entered into pursuant to Article 1 (commencing with Section 8101) of Division 4, or any other provision of law, between an electrical corporation and the affected local publicly owned electric utility, or within the boundaries specified in an applicable service territory boundary agreement between one local publicly owned electric utility and another local publicly owned electric utility. Furthermore, for purposes of this article, the boundaries of the Merced Irrigation District shall be as those boundaries existed on December 20, 1995, together with the territory of Castle Air Force Base, which was located outside of the district on that date. (Added by Stats. 1997, Ch. 275, Sec. 21. Effective August 15, 1997.)
  198. 394.7.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission must keep a do-not-call list for certain residential and small commercial electric customers and update it at least quarterly. Electric corporations, marketers, brokers, and aggregators may not telephone customers on the list, and repeated violations can lead to a $25 payment per contact.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 394.7. (a) The commission shall maintain a list of residential and small commercial customers who do not wish to be solicited by telephone, by an electric corporation, marketer, broker, or aggregator for electric service, to subscribe to or change their electric service provider. The commission shall not assess a charge for inclusion of a customer on the list. The list shall be updated periodically, but no less than quarterly. (b) The list shall include sufficient information for electric corporations, marketers, brokers, or aggregators of electric service to identify customers who do not wish to be solicited, including a customer’s address and telephone number. The list shall be made accessible electronically from the commission to any party regulated as an electric corporation or registered at the commission as an electric marketer, broker, or aggregator of electric service. (c) An electric corporation, marketer, broker, or aggregator of electric service shall not solicit, by telephone, any customer on the list prepared pursuant to subdivision (a). Any electric corporation, marketer, broker, or aggregator of electric service, or the representative of an electric corporation, marketer, broker, or aggregator of electric service, who solicits any customer on the list prepared pursuant to subdivision (a) more than once shall be liable to the customer for twenty-five dollars ($25) for each contact in violation of this subdivision. (d) This section shall not apply to the telephone verification required pursuant to Section 366.5. (Added by Stats. 1997, Ch. 275, Sec. 22. Effective August 15, 1997.)
  199. 394.8.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. )

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    Requirements placed on electric service providers do not apply to electrical services provided by a local publicly owned electric utility to customers in its own jurisdiction or service territory.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 394.8. Notwithstanding any other provision of this article, requirements placed on an electric service provider shall not apply to electrical services provided by a local publicly owned electric utility to customers within the jurisdiction or service territory of that local publicly owned electric utility. (Amended by Stats. 1999, Ch. 1005, Sec. 10.7. Effective January 1, 2000.)
  200. 394.9.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The commission may use unclaimed refunds and accrued interest to fund additional consumer protection efforts.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 394.9. Unclaimed refunds ordered by the commission, and any accrued interest, may be used by the commission to fund additional consumer protection efforts. (Added by Stats. 1997, Ch. 275, Sec. 24. Effective August 15, 1997.)

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