BILL NUMBER: SB 35 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 21, 2012
AMENDED IN ASSEMBLY JULY 11, 2011
AMENDED IN ASSEMBLY JUNE 20, 2011
AMENDED IN SENATE MAY 31, 2011
AMENDED IN SENATE APRIL 26, 2011
INTRODUCED BY Senator Padilla
DECEMBER 6, 2010
An act to repeal Sections 25740, 25740.5, 25742, 25743,
25744, 25744.5, 25746, 25747, 25748, and 25751 of, to repeal and add
Chapter 7.1 (commencing with Section 25620) of Division 15 of the
Public Resources Code, and to repeal Section 399.8 of the Public
Utilities Code, relating to energy, and declaring the urgency
thereof, to take effect immediately add Chapter 6
(commencing with Section 2400) to Division 2 of the Elections Code,
relating to voter registration .
LEGISLATIVE COUNSEL'S DIGEST
SB 35, as amended, Padilla. California Energy Research
and Technology Act of 2011. Voter registration
agencies.
Existing law, the federal National Voter Registration Act of 1993,
requires each state to designate specified agencies and offices
within the state as voter registration agencies.
This bill would designate the California Health Benefit Exchange
as a voter registration agency.
(1) Under the Public Utilities Act, the Public Utilities
Commission (PUC) has regulatory authority over public utilities,
including electrical corporations. The act requires the PUC to
require, until January 1, 2012, an electrical corporation to identify
a separate electrical rate component to fund energy efficiency,
renewable energy, and research, development, and demonstration
programs that enhance system reliability and provide in-state
benefits. Existing law requires that the moneys collected between
January 1, 2007, and January 1, 2012, from the electrical
corporations for public interest research, development, and
demonstration projects be deposited in the Public Interest Research,
Development, and Demonstration Fund and be used for the purposes of
the Public Interest Energy Research, Demonstration, and Development
Program. Existing law requires that the moneys collected by the
electrical corporations for the benefit of instate operation and
development of existing and new and emerging renewable resources
technologies be deposited in the Renewable Resource Trust Fund for
the purposes of the Renewable Energy Resources Program.
This bill would repeal those provisions.
(2) This bill would enact the California Energy Research and
Technology Program Act of 2011 (act). The bill would require the
State Energy Resources Conservation and Development Commission
(Energy Commission) to establish and administer the California Energy
Research and Technology program (CERT) to fund research,
development, and demonstration projects that may lead to advancement
and breakthroughs to overcome those barriers that prevent the
achievement of the state's statutory energy goals. The bill would
require the Energy Commission to convene, no less than twice a year,
meetings of the CERT Coordinating Council consisting of members
representing specified entities and would require the council to
identify the technological challenges that most warranted funding
under the CERT and opportunities for joint funding of projects and to
make recommendations for avoiding the funding of duplicative
projects. The bill would require the Energy Commission to adopt
regulations or modify existing regulations to implement the CERT. The
bill would require the Energy Commission to consult with the CERT
Coordinating Council to establish a process for tracking the progress
and outcome of funded projects. The bill would require the Energy
Commission to consult with the CERT Coordinating Council and the
Treasurer to establish terms that may be imposed as conditions for
the receipt of CERT funding. The bill would require the Energy
Commission, no later than March 31 of each year to prepare and submit
to the Legislature an annual report regarding projects funded by the
CERT. The bill would require the Energy Commission, no later than an
unspecified date, to contract with an independent entity to review
the CERT and would require the Energy Commission to report to the
Legislature regarding the CERT no later than an unspecified date. The
bill would repeal the act on an unspecified date.
(3) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 6 (commencing with Section
2400) is added to Division 2 of the Elections Code
, to read:
CHAPTER 6. VOTER REGISTRATION AGENCY
2400. The California Health Benefit Exchange is hereby designated
a voter registration agency for purposes of the federal National
Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.).
SECTION 1. Chapter 7.1 (commencing with Section
25620) of Division 15 of the Public Resources Code is repealed.
SEC. 2. Chapter 7.1 (commencing with Section
25620) is added to Division 15 of the Public Resources Code, to read:
CHAPTER 7.1. CALIFORNIA ENERGY RESEARCH AND TECHNOLOGY
25620. This chapter shall be known and may be cited as the
California Energy Research and Technology Program Act of 2011.
25620.1. The Legislature finds and declares all of the following:
(a) California has been a national leader in reducing energy
consumption by establishing ambitious goals, policies, and programs
to increase energy efficiency and generation from renewable energy
sources.
(b) Achieving these state energy goals will benefit the public and
energy utility ratepayers through reduced system costs and reduced
end-user charges for service.
(c) Barriers to achieving these energy goals and ratepayer
benefits include, but are not limited to, significant technological
challenges relating to energy storage, integrating renewable energy
into the electric grid, and accurately forecasting the availability
of renewable energy for integration into the grid.
(d) Breakthroughs to overcome these technological challenges and
to enable the state to achieve its statutory energy goals require
strategically focused research, development, and demonstration
projects.
(e) It is appropriate and necessary for the state to administer a
program of research, development, and demonstration to accelerate
technological advancement and breakthroughs that may enable the state
to achieve its statutory energy goals.
25620.2. (a) The California Energy Research and Technology
program (CERT) is hereby established for the purpose of funding
research, development, and demonstration projects that may lead to
technological advancement and breakthroughs to overcome the barriers
that prevent the achievement of the state's statutory energy goals.
(b) The commission shall develop and administer the program
consistent with this chapter.
25620.3. (a) The commission shall, no less than twice a year,
convene a meeting of the CERT Coordinating Council, which shall
consist of the following members:
(1) The chair of the commission, who shall serve as the chair of
the council.
(2) One representative from Pacific Gas and Electric Corporation.
(3) One representative from Southern California Edison
Corporation.
(4) One representative from San Diego Gas and Electric
Corporation.
(5) One representative from the Public Utilities Commission.
(6) One representative from the Independent System Operator.
(7) One representative from the State Air Resources Board.
(8) One representative from the Division of Ratepayer Advocates
within the Public Utilities Commission.
(9) Two representatives from consumer organizations, with one
appointed by the Senate Committee on Rules and one appointed by the
Speaker of the Assembly.
(10) Two representatives from environmental organizations, with
one appointed by the Senate Committee on Rules and one appointed by
the Speaker of the Assembly.
(11) Two representatives from university research institutions,
with one appointed by the Senate Committee on Rules and one appointed
by the Speaker of the Assembly.
(12) Three at-large members appointed by the Governor.
(13) (A) Two ex officio, nonvoting members from the Legislature,
with one Senator appointed by the Senate Committee on Rules and one
Assembly Member appointed by the Speaker of the Assembly.
(B) The Members of the Legislature shall participate in the
activities of the council to the extent that the participation is not
incompatible with their respective positions as Members of the
Legislature.
(b) Each voting member of the council shall serve a term of three
years.
(c) The council shall annually identify the technological
challenges that are the most significant barriers to achieving the
state's statutory energy goals for which CERT funding is most
warranted. These technological challenges shall include, but not be
limited to, energy storage, integrating renewable energy into the
electrical grid, and accurately forecasting the availability of
renewable energy for integration into the electrical grid.
(d) The council shall identify opportunities for joint funding of
research, development, and demonstration projects, and make
recommendations to help the commission avoid funding projects that
would duplicate projects already being funded by the Public Utilities
Commission, the State Air Resources Board, or any other public
agency or private organization.
(e) The council shall comply with the requirements 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).
25620.4. (a) The commission shall award CERT funds for projects
that may lead to technological advancement and breakthroughs to
overcome barriers to achieving the state's statutory energy goals and
that results in a portfolio of project awards that does all of the
following:
(1) Is strategically focused and sufficiently narrow to make
advancement on the most significant technological challenges,
including, but not limited to, energy storage, integrating renewable
energy into the electrical grid, and accurately forecasting the
availability of renewable energy for integration into the electrical
grid, or technological challenges identified by the CERT Coordinating
Council pursuant to Section 25620.3.
(2) Ensures that prior, current, and future research, development,
and demonstration projects are not unnecessarily duplicated.
(3) Invests in projects of California-based entities unless there
is a unique need that can be met only by an entity based outside of
California.
(4) Results in a reasonably equitable distribution of awards from
various geographic regions of California, if consistent with the
provisions of this chapter.
(5) Maximizes expenditure of funds for research, development, and
demonstration projects and minimizes expenditure of funds for
administration and overhead costs.
(b) The commission shall not award or expend CERT funds for any
purposes except as provided in this chapter or identified by the
council pursuant to Section 25620.3.
25620.5. (a) The commission shall adopt regulations, or modify
existing regulations, for the solicitation of award applications,
evaluation of applications, and the award of funds consistent with
this chapter.
(b) The regulations shall require each applicant to demonstrate
how the proposed project may lead to technological advancement and
potential breakthroughs to overcome barriers to achieving the state's
statutory energy goals.
(c) The regulations shall require each reward recipient, as a
condition of receiving CERT funds, to agree to any terms the
commission determines are appropriate for the state to accrue any
intellectual property interest or royalties that may derive from CERT
funding.
(d) The regulations shall prohibit any person from participating
in the evaluation or disposition of any application if that person
has a conflict of interest regarding that application, within the
meaning of Section 87100 of the Government Code.
25620.6. The commission, prior to awarding any CERT funds, and in
consultation with the CERT Coordinating Council, shall establish a
process for tracking the progress and outcomes of each funded
project, including an accounting of the amount of funds spent on
administrative and overhead costs and whether the project resulted in
any technological advancement or breakthrough to overcome barriers
to achieving the state's statutory energy goals.
25620.7. The commission, prior to awarding any CERT funds, and in
consultation with the CERT Coordinating Council and the Treasurer,
shall establish terms that may be imposed as a condition to receipt
of funding, as the commission determines appropriate, for the state
to accrue any intellectual property interest or royalties that may
derive from CERT funding. The commission, when determining if
imposition of these terms is appropriate, shall balance the potential
benefit to the state from those terms and the effect those terms may
have on the state achieving its statutory energy goals.
25620.8. (a) The commission, not later than March 31 of each
year, shall prepare and submit to the Legislature an annual report in
compliance with Section 9795 of the Government Code that shall
include all of the following:
(1) A brief description of each project for which funding was
awarded in the immediately prior calendar year, including the name of
the recipient and amount of award, and a description of how the
project may lead to technological advancement or breakthroughs to
overcome barriers to achieving the state's statutory energy goals.
(2) A brief description of each CERT-funded project that was
completed in the immediately prior calendar year, including the name
of the recipient, the amount of the award, and the outcomes of the
funded project, in accordance with the process described in Section
25620.6.
(3) A brief description of each CERT-funded project for which an
award was made in the previous years but that is not completed,
including the name of the recipient and amount of the award, and a
description of how the project may lead to technological advancement
or breakthroughs to overcome barriers to achieving the state's
statutory energy goals.
(4) A list and description of the technological challenges that
the council identifies as the most significant barriers to achieving
the state's statutory energy goals, as identified by the council
pursuant to Section 25620.3 for the current year and all prior years.
(b) The commission shall post on its Internet Web site each annual
report, and a searchable database containing information in the
annual report and shall also include information on awards made under
the former Public Interest Research, Development, and Demonstration
Program.
(c) The commission shall establish procedures for protecting
confidential or proprietary information in public reports about
CERT-funded projects.
25620.9. The commission, no later than ____, shall contract with
an independent entity to conduct a review of the CERT and report the
conclusions and recommendations from that review to the Legislature
no later than ____.
25620.10. This chapter shall remain in effect only until ____,
and as of that date is repealed, unless a later enacted statute, that
is enacted before ____, deletes or extends that date.
SEC. 3. Section 25740 of the Public Resources
Code, as amended by Section 4 of Chapter 1 of First Extraordinary
Session of the Statutes of 2011, is repealed.
SEC. 4. Section 25740.5 of the Public Resources
Code, as amended by Section 5 of Chapter 1 of First Extraordinary
Session of the Statutes of 2011, is repealed.
SEC. 5. Section 25742 of the Public Resources
Code, as amended by Section 8 of Chapter 1 of First Extraordinary
Session of the Statutes of 2011, is repealed.
SEC. 6. Section 25743 of the Public Resources
Code is repealed.
SEC. 7. Section 25744 of the Public Resources
Code is repealed.
SEC. 8. Section 25744.5 of the Public Resources
Code is repealed.
SEC. 9. Section 25746 of the Public Resources
Code, as amended by Section 9 of Chapter 1 of First Extraordinary
Session of the Statutes of 2011, is repealed.
SEC. 10. Section 25747 of the Public Resources
Code, as amended by Section 10 of Chapter 1 of First Extraordinary
Session of the Statutes of 2011, is repealed.
SEC. 11. Section 25748 of the Public Resources
Code is repealed.
SEC. 12. Section 25751 of the Public Resources
Code, as amended by Section 11 of Chapter 1 of First Extraordinary
Session of the Statutes of 2011, is repealed.
SEC. 13. Section 399.8 of the Public Utilities
Code is repealed.
SEC. 14. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order to achieve the state's energy goals at the earliest
possible time, it is necessary for this act to take effect
immediately.