BILL NUMBER: SB 843	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 24, 2012
	AMENDED IN ASSEMBLY  AUGUST 6, 2012
	AMENDED IN ASSEMBLY  MAY 9, 2012
	AMENDED IN ASSEMBLY  APRIL 30, 2012
	AMENDED IN ASSEMBLY  JUNE 21, 2011
	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator Wolk
   (Coauthors: Senators Corbett and Pavley)
   (Coauthors: Assembly Members Huffman and Skinner)

                        FEBRUARY 18, 2011

   An act to amend Section 25019 of the Corporations Code, and to
amend Sections 216 and 218 of,  to add Chapter 7.6 (commencing
with Section 2832) to Part 2 of Division 1 of, and  to repeal
Section 2826.5 of,  and to repeal and add Chapter 7.5
(commencing with Section 2830) of Part 2 of Division 1 of, 
the Public Utilities Code, relating to energy.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 843, as amended, Wolk. Energy: electrical corporations: City of
Davis PVUSA solar facility: Community-Based Renewable Energy
Self-Generation Program.
   (1) Under existing law, the Public Utilities Commission has
regulatory jurisdiction over public utilities, including electrical
corporations, as defined. Existing law authorizes the commission to
fix the rates and charges for every public utility, and requires that
those rates and charges be just and reasonable. Under existing law,
the local government renewable energy self-generation program
authorizes a local government, as defined, to receive a bill credit,
as defined, to be applied to a designated benefiting account for
electricity exported to the electrical grid by an eligible renewable
generating facility, as defined, and requires the commission to adopt
a rate tariff for the benefiting account.
   This bill would  repeal the local government renewable
energy self-generation program and  enact the
Community-Based Renewable Energy Self-Generation Program. The program
would authorize a retail customer of an electrical corporation
(participant) to acquire an interest, as defined, in a community
renewable energy facility, as defined, for the purpose of receiving a
bill credit, as defined, to offset all or a portion of the
participant's electricity usage, consistent with specified
requirements.
    Under existing law, a violation of the Public Utilities Act or
any order, decision, rule, direction, demand, or requirement of the
commission is a crime.
   Because the provisions of the bill would require action by the
commission to implement its requirements, a violation of these
provisions would impose a state-mandated local program by expanding
the definition of a crime.
   (2) The bill would provide that any corporation or person engaged
directly or indirectly in developing, producing, delivering,
participating in, or selling interests in, a community renewable
energy facility is not a public utility or electrical corporation
solely by reason of engaging in any of those activities.
   (3) Existing law authorizes the City of Davis to receive a bill
credit, as defined, to a benefiting account, as defined, for
electricity supplied to the electrical grid by a photovoltaic
electricity generation facility located within, and partially owned
by, the city (PVUSA solar facility) and requires the commission to
adopt a rate tariff for the benefiting account.
   This bill would repeal these provisions relating to the City of
Davis  , but would require an award be made allocating 30
megawatts of alternating current to the   City of Davis for
use at PVUSA, and other locations of their designation, as directed
by the City of Davis, pursuant to the Community-Based Renewable
Energy Self-Generation Program  .
   (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25019 of the Corporations Code is amended to
read:
   25019.  (a) "Security" means any note; stock; treasury stock;
membership in an incorporated or unincorporated association; bond;
debenture; evidence of indebtedness; certificate of interest or
participation in any profit-sharing agreement; collateral trust
certificate; preorganization certificate or subscription;
transferable share; investment contract; viatical settlement contract
or a fractionalized or pooled interest therein; life settlement
contract or a fractionalized or pooled interest therein; voting trust
certificate; certificate of deposit for a security; interest in a
limited liability company and any class or series of those interests
(including any fractional or other interest in that interest), except
a membership interest in a limited liability company in which the
person claiming this exception can prove that all of the members are
actively engaged in the management of the limited liability company;
provided that evidence that members vote or have the right to vote,
or the right to information concerning the business and affairs of
the limited liability company, or the right to participate in
management, shall not establish, without more, that all members are
actively engaged in the management of the limited liability company;
certificate of interest or participation in an oil, gas, or mining
title or lease or in payments out of production under that title or
lease; put, call, straddle, option, or privilege on any security,
certificate of deposit, or group or index of securities (including
any interest therein or based on the value thereof); or any put,
call, straddle, option, or privilege entered into on a national
securities exchange relating to foreign currency; any beneficial
interest or other security issued in connection with a funded
employees' pension, profit sharing, stock bonus, or similar benefit
plan; or, in general, any interest or instrument commonly known as a
"security"; or any certificate of interest or participation in,
temporary or interim certificate for, receipt for, guarantee of, or
warrant or right to subscribe to or purchase, any of the foregoing.
All of the foregoing are securities whether or not evidenced by a
written document.
   (b) "Security" does not include: (1) any beneficial interest in
any voluntary inter vivos trust which is not created for the purpose
of carrying on any business or solely for the purpose of voting, or
(2) any beneficial interest in any testamentary trust, or (3) any
insurance or endowment policy or annuity contract under which an
insurance company admitted in this state promises to pay a sum of
money (whether or not based upon the investment performance of a
segregated fund) either in a lump sum or periodically for life or
some other specified period, or (4) any franchise subject to
registration under the Franchise Investment Law (Division 5
(commencing with Section 31000)), or exempted from registration by
Section 31100 or 31101, or (5) any right to a bill credit or interest
of a participant in a community renewable energy facility pursuant
to Chapter 7.5 (commencing with Section 2830) of Part 2 of Division 1
of the Public Utilities Code.
  SEC. 2.  Section 216 of the Public Utilities Code is amended to
read:
   216.  (a) "Public utility" includes every common carrier, toll
bridge corporation, pipeline corporation, gas corporation, electrical
corporation, telephone corporation, telegraph corporation, water
corporation, sewer system corporation, and heat corporation, where
the service is performed for, or the commodity is delivered to, the
public or any portion thereof.
   (b) Whenever any common carrier, toll bridge corporation, pipeline
corporation, gas corporation, electrical corporation, telephone
corporation, telegraph corporation, water corporation, sewer system
corporation, or heat corporation performs a service for, or delivers
a commodity to, the public or any portion thereof for which any
compensation or payment whatsoever is received, that common carrier,
toll bridge corporation, pipeline corporation, gas corporation,
electrical corporation, telephone corporation, telegraph corporation,
water corporation, sewer system corporation, or heat corporation, is
a public utility subject to the jurisdiction, control, and
regulation of the commission and the provisions of this part.
   (c) When any person or corporation performs any service for, or
delivers any commodity to, any person, private corporation,
municipality, or other political subdivision of the state, that in
turn either directly or indirectly, mediately or immediately,
performs that service for, or delivers that commodity to, the public
or any portion thereof, that person or corporation is a public
utility subject to the jurisdiction, control, and regulation of the
commission and the provisions of this part.
   (d) Ownership or operation of a facility that employs cogeneration
technology or produces power from other than a conventional power
source or the ownership or operation of a facility which employs
landfill gas technology does not make a corporation or person a
public utility within the meaning of this section solely because of
the ownership or operation of that facility.
   (e) Any corporation or person engaged directly or indirectly in
developing, producing, transmitting, distributing, delivering, or
selling any form of heat derived from geothermal or solar resources
or from cogeneration technology to any privately owned or publicly
owned public utility, or to the public or any portion thereof, is not
a public utility within the meaning of this section solely by reason
of engaging in any of those activities.
   (f) The ownership or operation of a facility that sells compressed
natural gas at retail to the public for use only as a motor vehicle
fuel, and the selling of compressed natural gas at retail from that
facility to the public for use only as a motor vehicle fuel, does not
make the corporation or person a public utility within the meaning
of this section solely because of that ownership, operation, or sale.

   (g) Ownership or operation of a facility that is an exempt
wholesale generator, as defined in the Public Utility Holding Company
Act of 2005 (42 U.S.C. Sec. 16451(6)), does not make a corporation
or person a public utility within the meaning of this section, solely
due to the ownership or operation of that facility.
   (h) The ownership, control, operation, or management of an
electric plant used for direct transactions or participation directly
or indirectly in direct transactions, as permitted by subdivision
(b) of Section 365, sales into a market established and operated by
the Independent System Operator or any other wholesale electricity
market, or the use or sale as permitted under subdivisions (b) to
(d), inclusive, of Section 218, shall not make a corporation or
person a public utility within the meaning of this section solely
because of that ownership, participation, or sale.
   (i) The ownership, control, operation, or management of a facility
that supplies electricity to the public only for use to charge light
duty plug-in electric vehicles does not make the corporation or
person a public utility within the meaning of this section solely
because of that ownership, control, operation, or management. For
purposes of this subdivision, "light duty plug-in electric vehicles"
includes light duty battery electric and plug-in hybrid electric
vehicles. This subdivision does not affect the commission's authority
under Section 454 or 740.2 or any other applicable statute.
   (j) A corporation or person engaged directly or indirectly in
developing, producing, delivering, participating in, or selling
interests in a community renewable energy facility, pursuant to
Chapter 7.5 (commencing with Section 2830) of Part 2, is not a public
utility within the meaning of this section solely by reason of
engaging in any of those activities.
  SEC. 3.  Section 218 of the Public Utilities Code is amended to
read:
   218.  (a) "Electrical corporation" includes every corporation or
person owning, controlling, operating, or managing any electric plant
for compensation within this state, except where electricity is
generated on or distributed by the producer through private property
solely for its own use or the use of its tenants and not for sale or
transmission to others.
   (b) "Electrical corporation" does not include a corporation or
person employing cogeneration technology or producing power from
other than a conventional power source for the generation of
electricity solely for any one or more of the following purposes:
   (1) Its own use or the use of its tenants.
   (2) The use of or sale to not more than two other corporations or
persons solely for use on the real property on which the electricity
is generated or on real property immediately adjacent thereto, unless
there is an intervening public street constituting the boundary
between the real property on which the electricity is generated and
the immediately adjacent property and one or more of the following
applies:
   (A) The real property on which the electricity is generated and
the immediately adjacent real property is not under common ownership
or control, or that common ownership or control was gained solely for
purposes of sale of the electricity so generated and not for other
business purposes.
   (B) The useful thermal output of the facility generating the
electricity is not used on the immediately adjacent property for
petroleum production or refining.
   (C) The electricity furnished to the immediately adjacent property
is not utilized by a subsidiary or affiliate of the corporation or
person generating the electricity.
   (3) Sale or transmission to an electrical corporation or state or
local public agency, but not for sale or transmission to others,
unless the corporation or person is otherwise an electrical
corporation.
   (c) "Electrical corporation" does not include a corporation or
person employing landfill gas technology for the generation of
electricity for any one or more of the following purposes:
   (1) Its own use or the use of not more than two of its tenants
located on the real property on which the electricity is generated.
   (2) The use of or sale to not more than two other corporations or
persons solely for use on the real property on which the electricity
is generated.
   (3) Sale or transmission to an electrical corporation or state or
local public agency.
   (d) "Electrical corporation" does not include a corporation or
person employing digester gas technology for the generation of
electricity for any one or more of the following purposes:
   (1) Its own use or the use of not more than two of its tenants
located on the real property on which the electricity is generated.
   (2) The use of or sale to not more than two other corporations or
persons solely for use on the real property on which the electricity
is generated.
   (3) Sale or transmission to an electrical corporation or state or
local public agency, if the sale or transmission of the electricity
service to a retail customer is provided through the transmission
system of the existing local publicly owned electric utility or
electrical corporation of that retail customer.
   (e) "Electrical corporation" does not include an independent solar
energy producer, as defined in Article 3 (commencing with Section
2868) of Chapter 9 of Part 2.
   (f) The amendments made to this section at the 1987 portion of the
1987-88 Regular Session of the Legislature do not apply to any
corporation or person employing cogeneration technology or producing
power from other than a conventional power source for the generation
of electricity that physically produced electricity prior to January
1, 1989, and furnished that electricity to immediately adjacent real
property for use thereon prior to January 1, 1989.
   (g) A corporation or person engaged directly or indirectly in
developing, owning, producing, delivering, participating in, or
selling interests in, a community renewable energy facility pursuant
to Chapter 7.5 (commencing with Section 2830) of Part 2, is not an
electrical corporation within the meaning of this section solely by
reason of engaging in any of those activities.
  SEC. 4.  Section 2826.5 of the Public Utilities Code is repealed.

  SEC. 5.   Chapter 7.5 (commencing with Section
2830) of Part 2 of Division 1 of the Public Utilities Code is
repealed. 
   SEC. 6.   SEC. 5.   Chapter 7.5
  7.6  (commencing with Section  2830)
  2832)  is added to Part 2 of Division 1 of the
Public Utilities Code, to read:
      CHAPTER  7.5.   7.6. 
COMMUNITY-BASED RENEWABLE ENERGY SELF-GENERATION PROGRAM


    2830.   2832.   The Legislature finds
and declares all of the following:
   (a) The Governor has proposed a Clean Energy Jobs Plan calling for
the development of 12,000 megawatts of generation from distributed
eligible renewable energy resources of up to 20 megawatts in size by
2020. There is widespread interest from many large institutional
customers, including schools, colleges, universities, local
governments, businesses, and the military, for development of
distributed  energy   generation 
facilities to serve their  energy  needs. For these reasons
the Legislature agrees that the Governor's  distributed
energy program   Clean Energy Jobs Plan  represents
a desired policy direction for the state.  It is the intent of
the Legislature that distributed generation that comes online as part
of the Community-Based Renewable Energy Self-Generation Program is
counted toward an electrical corporation's efforts to implement the
Governor's Clean Energy Jobs Plan. 
   (b) Community-based renewable energy self-generation creates jobs,
reduces emissions of greenhouse gases, and promotes energy
independence. Further, community-based renewable energy
self-generation will enable schools, colleges, universities, local
governments, businesses, and consumers to save money on their
electricity bills, thereby helping to fund educational programs,
social services, and new hiring.
   (c) The California Solar Initiative has been extremely successful,
resulting in over 100,000 residential and commercial onsite
installations of solar energy systems. The Community-Based Renewable
Energy Self-Generation Program seeks to build on this success by
dramatically expanding the market for eligible renewable energy
resources to include residential and commercial renters, residential
and commercial buildings with shaded or improperly oriented roofs,
and other groups who are unable to access the benefits of onsite
generation.
   (d) Many institutional customers in California have been focused
on distributed energy programs of their own. For example, the
Secretary of the Navy established as policy that 50 percent of the
on-shore electricity for naval and Marine Corps installations in the
United States be from renewable sources by 2020. To implement this
policy the Navy and Marine Corps have been working on a variety of
renewable generation projects within the 1 megawatt to 20 megawatt
range. The military installations, and other institutional users,
have identified a number of regulatory barriers to implementing
distributed generation projects. The enactment of this chapter will
create a mechanism whereby institutional customers such as military
installations, universities, and local governments, as well as groups
of individuals, can efficiently invest in generating electricity
from eligible renewable energy resources.
   (e) It is the intent of the Legislature that public schools have
the authority to invest in community renewable energy facilities to
generate electricity as provided in this chapter. Electricity usage
is one of the most significant cost pressures facing public schools
at a time when schools have been forced to cut essential programs,
increase classroom sizes, and send pink slips to teachers throughout
the state. Schools may use the savings for restoring funds for
salaries, student achievement, facility maintenance, and other
budgetary needs. The community renewable energy facility projects
that go forward pursuant to this chapter will create new construction
jobs, stimulate the economy, generate funding, and provide more
electricity generated by clean, renewable sources to customers.
   (f) It is the further intent of the Legislature that, as the
commission works to implement this chapter, the commission carefully
consider regulatory barriers to distributed generation projects
already identified and those not yet identified, and quickly address
those barriers in a manner that is conducive to the development of
distributed generation projects consistent with appropriate ratepayer
protections.
   (g) It is further the intent of the Legislature that the
commission  work to maintain ratepayer indifference to
nonbeneficiaries, reflecting both the costs and benefits such systems
provide to the residents of California   minimize the
rate impact the Community-Based Renewable Energy Self-Generation
Program has on customers not participating in the program. To the
extent that the program imposes incremental increases in rates, the
commission shall ensure that these cost increases are equitably
allocated to all customers on a nonbypassable basis   ,
reflecting both the costs and benefits that community renewable
energy facilities provide to the residents of California  .
    2831.   2833.   As used in this
chapter, the following terms have the following meanings:
   (a) "Benefiting account" means one or more accounts designated to
receive a bill credit pursuant to Section  2832 
 2834  .
   (b) "Bill credit" means an amount of money credited each month, or
in an otherwise applicable billing period, to one or more benefiting
accounts based on the percentage share of the electrical output of a
community renewable energy facility that is assigned to the account
pursuant to the methodology described in Section  2832
  2834  .
   (c) "Community renewable energy facility" means a facility for the
generation of electricity that meets all of the following
requirements:
   (1) Has a  nameplate  generating capacity of no more than
20 megawatts of alternating current.
   (2) Is an eligible renewable energy resource pursuant to the
California Renewables Portfolio Standard Program (Article 16
(commencing with Section 399.11) of Chapter 2.3 of Part 1).
   (3) The electrical output of the facility is measured by a
production meter owned by the electrical corporation, that meets the
tariff requirements of the electrical corporation and the Independent
System Operator  , and that independently measures the
electricity delivered to the grid by the facility, and only that
facility  .
   (4) Is located within the service territory of an electrical
corporation  , or in the service territory of a local publicly
owned electric utility that receives distribution service from an
electrical corporation,  having 100,000 or more service
connections in California  . 
   (5) Has complied with standard interconnection operation
requirements of the electrical corporation, and where applicable, the
Independent System Operator, consistent with any applicable tariffs.
 
   (5) Has been interconnected with the electrical grid in compliance
with the tariffs of the applicable interconnection authority. 
   (6) Unless the facility has a bill credit arrangement in place by
December 31, 2012, it achieves initial commercial operation on
January 1, 2013, or thereafter. 
   (7) The participant organization has, where applicable, complied
with all program rules and written notice procedures that may be
required by the commission. 
   (d) "Default load aggregation point  price  " means a
calculation, as determined by the commission, of avoided cost derived
from an hourly day-ahead electricity market price that reflects the
costs the electrical corporation avoids in procuring electricity
during the time period a community renewable energy facility
generates electricity.
   (e) "Facility rate" means the per kilowatthour rate  . The
facility rate shall be set using   used to calculate
the bill credit pursuant to  the method described in
subparagraph (A) of paragraph  (6)   (7) 
of subdivision (a) of Section  2832  2834 
. That method shall be used to calculate the  minimum
 value for the bill credit for each participant with an
interest in the community renewable energy facility.  This
minimum value may be replaced by the methodology for calculating the
added value of the generation, when applicable, pursuant to
subparagraph (B) of paragraph (6) of subdivision (a) of Section 2832.
  For a community renewable energy facility that has an
established facility value for the bill credit, that value may be
replaced by a commission   -determined replacement
methodology, provided both of the following are true:  
   (1) The commission determines that the replacement methodology
provides a more accurate measure of the value of the generation
provided by the community renewable energy facility. 
   (2) The replacement methodology results in a greater bill credit
to the participant. 
   (f) "Interest" means a direct or indirect ownership, lease,
subscription, or financing interest in a community renewable energy
facility that enables the participant to receive a bill credit for a
retail account with the electrical corporation.
   (g) "Local government" means a city, county, city and county,
special district, school district, public water district, public
irrigation district, county office of education, political
subdivision, or other local governmental entity. For the purposes of
this chapter, "water district" has the same meaning as defined in
Section 20200 of the Water Code, and "irrigation district" means an
entity formed pursuant to the Irrigation District Law set forth in
Division 11 (commencing with Section 20500) of the Water Code. 
   (h) "Locational value" means any costs or benefits, quantified on
a dollar per kilowatt or kilowatthour basis, that are associated with
a community renewable energy facility including, but not limited to,
avoided transmission line losses, avoided transmission and
distribution infrastructure costs, reduction in operating and
maintenance costs, and the offset of peak demand or shifting load.
 
   (h) 
    (i)  "Participant" means a retail customer of an
electrical corporation who owns, leases, finances, or subscribes to
an interest in a community renewable energy facility and who has
designated one or more of its own retail accounts as a benefiting
account to which the  subscription    
interest  shall be attributed. 
   (i) 
    (j)  "Participant organization" means any entity whose
purpose is to beneficially own or operate a community renewable
energy facility for the participants or owners of that facility. A
"participant organization" can also be a "participant" as defined in
subdivision  (h)   (i)  . 
   (k) "Program" means the Community-Based Renewable Energy
Self-Generation Program established pursuant to this chapter. 

   (l) "Project" means the cumulative activities to build and make
operational a community renewable energy facility.  
   (m) "Renewable energy credit" has the same meaning as defined in
Section 399.12. 
    2832.   2834.   (a) (1) A retail
customer of an electrical corporation having 100,000 or more service
connections within the state may acquire an interest in a community
renewable energy facility for the purpose of becoming a participant
and receiving a bill credit to offset all or a portion of the
customer's bill for the  generation   energy
 component of that customer's electrical service  , 
 as provided in this chapter and in accordance with those rules
that the commission may adopt. The commission shall determine what
charges represent the energy component of the customer's electrical
service to account for all portions of a customer'   s bill
that relate to usage of electricity  . The participant shall
designate one or more benefiting accounts to which the interest shall
be attributed.
   (2) To be eligible to be designated as a benefiting account, the
account shall be for service to premises located within the
geographical boundaries of the service territory of the electrical
corporation containing the community renewable energy facility
 , or within the geographical boundaries of a contiguous
service territory, if the electrical corporation or local publicly
owned electric utility for that service territory have entered into
an agreement enabling the connection of the benefiting account to the
community renewable energy facility  .
   (3) A participant organization may construct a community renewable
energy facility on a site chosen by the participant organization and
may beneficially own or operate a community renewable energy
facility for the participants of that facility. A community renewable
energy facility may be built, owned, or operated by a third party
under contract with a participant organization.
   (4) (A) The combined statewide cumulative rated  nameplate
 generating capacity of community renewable energy facilities
under this program shall not exceed two gigawatts  of alternating
current  ,  except as provided by in subparagraph (B).
  with not less than 250 megawatts of cumulative rated
genera   ting capacity being made available during the
six-month period beginning January 1, 2013, and ending December 31,
2013. On or before April 1, 2013, each electrical corporation
participating in the program shall submit a proposal to the
commission for whether and, if so, how, to allocate the initial
available capacity amongst the electrical corporations and for the
establishment of a fair and transparent process for evaluating and
ranking applications for community renewable energy facilities and
awarding capacity to those facilities, until all available initial
capacity has been reserved. Two or more participating electrical
corporations may submit a joint proposal to the commission. By June
30, 2013, the commission shall review the proposals and adopt rules
for                                            the allocation of the
initial available capacity amongst the electrical corporations and to
establishment a transparent process for evaluating and ranking
applications for   community renewable energy facility
projects and awarding the initial capacity to those projects. Of the
initial cumulative rated generating capacity made available pursuant
to this paragraph, an award allocating 30 megawatts of alternating
current shall be made to the City of Davis for use at PVUSA, and
other locations of their designation, as directed by the City of
Davis. For purposes of this subparagraph, "PVUSA" means the
photovoltaic electricity generation facility selected by the City of
Davis, located at 24662 County Road, Davis, California. 

   (B) The commission shall maintain a publicly available database of
existing and proposed community renewable energy facilities.
Proposed community renewable energy facilities shall report their
expected size, location, and commercial operation date no less than
six months prior to their commercial operation date. When the
statewide cumulative rated generation capacity of community renewable
energy facilities reaches one and one-half gigawatts, the commission
shall begin a process to determine if the gigawatt limitation in
subparagraph (A) is necessary. Unless the commission determines that
removal of the gigawatt limitation in subparagraph (A) would have a
significant negative effect on electrical corporation ratepayers, the
commission shall order that the gigawatt limitation is no longer
applicable. If the commission decides that the removal of the
gigawatt limitation in subparagraph (A) would have a significant
negative effect on the ratepayers of the electrical corporations, the
commission shall decide if the limitation should remain at two
gigawatts or if it should be raised to some other level. For the
purposes of this subparagraph, the rated generating capacity of a
community renewable energy facility shall, where available, use the
Energy Commission's alternating current rating for the facility. If
the commission determines that the two gigawatt cap shall remain in
effect, the commission shall establish a process for allocating the
remaining 500 megawatts of capacity to ensure the cap established in
subparagraph (A) is not exceeded.  
   (B) Once the initial 250 megawatts of cumulative rated generating
capacity has been awarded for community renewable energy facility
projects, the commission shall evaluate the functioning of the
program. The commission shall adopt or modify rules for making
additional cumulative rated generating capacity available pursuant to
the program and may halt making further capacity available for
additional community renewable energy facility projects. The rules
adopted or modified by the commission may include, but are not
limited to, rules establishing annual capacity authorization targets,
establishment of capacity set asides based upon customer class or
other criteria the commission determines to be reasonable,
establishment of capacity set-asides based upon community renewable
energy facility project types or sizes, disclosures to be made to
participants and potential participants and other safeguards to
ensure the protection of consumers. The commission may evaluate the
program at any time, either on its own motion or upon motion by an
interested party, and may modify or adopt any rules it determines to
be necessary or convenient to ensure that program goals can be met.
 
   (C) Not later than upon the statewide cumulative rated generation
capacity of community renewable energy facilities reaching 250
megawatts or January 1, 2015, whichever comes later, the commission
shall commence or expand a proceeding to evaluate the bill credit
mechanism of the program and whether an additional value shall be
added to the bill credit mechanism to reflect the locational value of
a community renewable energy facility. As part of this revision, the
commission shall consider whether it is reasonable to adopt a bill
credit methodology that ensures a participant's bill credit retains
its value as energy rates increase. The commission may revise the
bill credit mechanism at any time that it concludes that the existing
mechanism does not provide program participates with the fair value
of electricity and other benefits produced by the community renewable
energy facility or overvalues the benefits to nonparticipating
customers of the electrical corporation for the electricity generated
by a community renewable energy facility. Any revision to the
methodology for calculating the facility rate shall apply only to
rated generating capacity made available after the commission adopts
a new bill credit methodology.  
   (5) Each electrical corporation shall make awards allocating rated
generating capacity pursuant to the program in the following manner:
 
   (A) A participant organization wishing to build a community
renewable energy facility shall remit a nonrefundable administrative
fee of one dollar and fifty cents ($1.50) per kilowatt of rated
generating capacity to the electrical corporation to which they are
applying for an allocation of capacity. At any time, the commission
shall have the authority to modify the rated generating capacity
allocation mechanism, including, but not limited to, creating project
ranking criteria, setting deposit requirements, and creating an
award allocation methodology for prospective projects.  
   (B) A participant organization shall meet the following benchmarks
and timelines for construction and operation of a community
renewable energy facility. Failure to do so shall result in the
participant organization forfeiting the rated generating capacity
awarded to it. Any forfeited rated generating capacity shall be added
to the capacity made available to applicants pursuant to paragraph
(4).  
   (i) The participant organization shall issue an unrestricted
notice to proceed with construction of the community renewable energy
facility within 180 days of the participant organization receiving
an award allocating rated generating capacity from the electrical
corporation.  
   (ii) The community renewable energy facility shall achieve
commercial operation within 18 months of receiving an award
allocating rated generating capacity pursuant to this paragraph.
 
   (iii) A participant organization shall receive an extension
because the participant organization faced interconnection delays
that are outside the participant organization's control. This
extension shall not exceed the number of days it takes it to
interconnect, for a maximum extension of six months.  
   (iv) A participant organization may receive a six-month extension
for factors outside the control of the participant organization.
 
   (C) The electrical corporation shall ensure that no single entity
or its affiliates or subsidiaries is awarded more than 20 percent of
any single calendar year's total cumulative rated generating capacity
made available pursuant to paragraph (4).  
   (5) 
    (6)  (A) The commission shall maintain a public database
of  t   he  annualized average  generation
  energy component of electric service  rates for
each customer class and tier  for each electrical corporation
participating in the program and a public database of facility rates
for community renewable energy facilities that have achieved
commercial operation  .
   (B) The tariff applicable to a participant shall be identical,
with respect to rate structure, all retail rate components, and any
monthly charges, to the charges that the participant would be
assigned if the participant did not receive a bill credit.
Participants shall not be assessed standby charges on the community
renewable energy facility or the kilowatthour generation of a
community renewable energy facility. 
   (C) To ensure that any incremental impact on rates caused by the
bill credits pursuant to the program are allocated equitably to all
customers, on or before June 30, 2014, the commission shall complete
an evaluation of whether, and, if so, the extent to which, any
incremental rate impacts resulting from the program shall be
recovered on a fully nonbypassable basis from all customers receiving
distribution service from an electrical corporation, including
ratepayers with rates that are otherwise subject to rate increase
limitations pursuant to Sections 739.1 and 739.9, but excluding
customers in the California Alternate Rates for Energy (CARE) or
family electric rate assistance (FERA) programs. On or before July 1,
2014, the commission shall require each electrical corporation to
file with the commission, for its approval, any revisions to its
tariffs, rates, and rate design as are necessary to ensure an
equitable allocation to all customers, consistent with the commission'
s evaluation. As part of the evaluation, the commission shall also
consider whether any incremental rate impact shall be subject to
upper rate limitations and whether the commission shall establish
rate structures as may be necessary to ensure that customers subject
to billing pursuant to Sections 2827, 2827.8, and 2827.10 and other
self-generating customers pay the same share of the nonbypassable
costs as a similar customer that did not self-generate.
Notwithstanding Section 2827, 2827.8, 2827.10, or other provision of
law, the commission may require changes in tariffs, rates, and rate
design for self-generating on net metering customers to ensure an
equitable allocation to all customers, consistent with the commission'
s evaluation.  
   (6) 
    (7)  The commission shall establish a facility rate for
each community renewable energy facility, as follows:
   (A) The facility rate shall be set at the weighted average
time-of-delivery adjusted cost of electricity established in the
commission's  Renewables Portfolio Standard Quarterly Report,
4th Quarter 2011, Cost Reporting in Compliance with SB 836 
 report  , published in the first quarter of  the
previous     that  year  pursuant to
Section 911  , for eligible renewable energy resources of
comparable size to, and utilizing the same generating technology as,
the community renewable energy facility, and that are under contract
with the electrical corporation. Where data is not available for a
comparable resource and facility size for  the previous year,
the most recent data shall be used   that year, the
facility rate shall be set using the price available for the next
larger size facility category utilizing the same generating
technology  . The facility rate shall be the price per
kilowatthour of electricity and shall be determined as of the time
 that the community renewable energy facility becomes
operational     the participant organization
applied for an award of rated generating capacity for the community
renewable energy facility pursuant to the program  . Once
established, a facility rate shall be applicable to that facility for
the operational life of the facility , unless the commission
adopts a methodology to calculate the locational value of the
facility pursuant to subparagraph (B)  . A subsequent facility
or a subsequent modification to a facility placed in service  on
or after  January 1, 2013, that results in an increase in the
facility's capacity to produce electricity shall be subject to the
facility rate in effect on the date the  participant organization
applied for an award of rated generating capacity for the 
subsequent facility or  increase the facility's  capacity
 commences commercial operation  . The commission
shall publish an individual facility rate tariff applicable to all
participants per electrical corporation no later than 90 days
following the enactment of the act that created this subparagraph.

   (B) Not later than December 31, 2014, the commission shall
determine the methodology for calculating the added value used to
determine the participant's bill credit. In determining the added
value, the commission shall determine the amount of monetary costs
and benefits a community renewable energy facility brings to the
electrical corporation, other nonparticipating ratepayers, and the
grid. In determining the added value, the commission shall analyze
the costs and benefits, including, but not limited to, avoided
transmission line loss, avoided transmission and distribution
infrastructure costs, any reduction in fixed operations and
maintenance costs, the offset of peak demand or shifting load, and
the reduction of environmental compliance costs, including costs that
would otherwise be incurred for reducing emissions of greenhouse
gases. The net value of the costs and benefits derived from a
community renewable energy facility shall be denominated in a
monetary amount per kilowatthour of production and shall be added to
the otherwise applicable generation component of the participant's
electric service rate. Once the commission determines the monetary
amount of the net costs and benefits of a community renewable energy
facility, that value shall be set for the operational life of that
facility. This value shall be multiplied by a participant's interest
in a community renewable energy facility to determine the participant'
s bill credit, if both of the following are true:  
   (i) The commission has determined an added value for the community
renewable energy facility using the added value method. 

   (ii) The bill credit that will be provided to a participant using
the added value method is greater than the credit provided by
continued use of the facility rate. 
   (C) The commission shall reevaluate the added value methodology
every three years.  
   (D) The commission shall endeavor to calculate the added value
bill credit so that the program goals, including nonbeneficiary
ratepayer indifference, can reasonably be expected to be met.
 
   (B) If the commission adopts a methodology to calculate the
locational value of distributed energy resources, then the commission
shall order the electrical corporations to apply this methodology to
calculate the locational value of community renewable energy
facilities in the program, if this methodology results in an
increased bill credit. 
   (b) (1) A participant shall not acquire an interest in a community
renewable energy facility that represents more than two megawatts of
generating capacity or the equivalent amount, as denominated in
kilowatthours. This limitation does not apply to a federal, state, or
local government, school, school district, county office of
education, the California Community Colleges, the California State
University, or the University of California.
   (2) The commission shall not regulate the prices paid for an
interest in a community renewable energy facility, but may enforce
the required disclosures, and may establish rules applicable to
participant organizations to ensure consumer protection.  Any
interested person or corporation may file a complaint with the
commission contending that a participant organization or electrical
corporation is not complying with any requirement of this chapter and
seek an order of the commission to enforce the requirements of this
chapter and to take whatever steps are necessary to ensure consumer
protection and compliance with the requirements of this chapter.
 
   (3) Participants may aggregate their loads for the purpose of
participating in a community renewable energy facility pursuant to
this section.  
   (4) For a participant that elects to aggregate its loads for the
purpose of acquiring an interest in a community renewable energy
facility, the participant shall designate the benefiting accounts and
the allocation of the bill credit to those accounts. 
   (c) (1) A participant organization shall provide to the electrical
corporation information on the identity of the benefiting accounts
that will receive a bill credit pursuant to this section not less
 then   than  30 days prior to the billing
cycle for which the participant's account will receive a bill credit.
 The participant organization shall provide the electrical
corporation with not less than 30 days' notice whenever a participant'
s facility rate changes from the RPS solicitation method to the added
value method. 
   (2) Prior to the sale or resale of an interest in a community
renewable energy facility, the participant organization or the
participant, or both, shall provide a disclosure to the potential
participant that, at a minimum, includes all of the following:
   (A) A good faith estimate of the annual kilowatthours to be
delivered by the community renewable energy facility based on the
size of the interest.
   (B) A plain language explanation of the terms under which the bill
credits will be calculated.
   (C) A plain language explanation of the contract provisions
regulating the disposition or transfer of the interest.
   (D) A plain language explanation of the costs and benefits to the
potential participant based on their current usage and applicable
tariff, for the term of the proposed contract.
   (3) Not more frequently than once per month, and upon providing
the electrical corporation with a minimum of 30 days' notice, the
participant organization may change, add, or remove a benefiting
account. If the owner of a benefiting account transfers service to a
new address or benefiting account, the electrical corporation shall
transfer any credit remaining from the previous account to the new
account.
   (4) A participant organization shall be responsible for providing
to the electrical corporation, on a monthly basis, a statement of the
 percentage shares   kilowatthours allocated to
each participant  to be used to determine the bill credit to
each benefiting account  and the names and account numbers of
those participants whose bill credit is to be calculated using the
added value method instead of the facility rate  . If there
has been no change in the allocations from the previous submission
 or in the method of calculating the bill credit of
participants  , the participant organization is not required
to submit a new statement.  An electrical corporation may rely
on the statement of kilowatthours allocated to each participant, as
provided by the participant organization, in implementing the
requirements of this chapter. 
   (5)  The   If required by the electrical
corporation, the  participant organization shall provide
real-time meter data to the electrical corporation and shall make the
data available to a participant upon request. A participant
organization shall be responsible for all costs of metering and shall
retain production data for a period of 36 months.
   (6) A participant organization shall provide not less than 120
days' notice to the electrical corporation and the commission prior
to the date the community renewable energy facility becomes
operational    and shall execute all necessary
interconnection agreements, participation, and surplus sale
agreements with the electrical corporation and the Independent System
Operator on a schedule required by those entities  .
   (7)  The   Unless   the electrical
corporation will be registering renewable energy credits on behalf of
the participant, the  participant organization shall establish
an account and register the community renewable energy facility with
the Western Renewable Energy Generation Information System or its
successor.
   (8) The  participant organization's  interconnection
process and cost allocation for facilities built under this section
shall be determined by applicable rules for interconnection
established by the commission. The facility owner shall be
responsible for  normal, applicable  grid use and management
fees, imbalance charges, or other costs allocated by the 
Independent System Operator   transmission or
distribution system operator  . 
   (9) (A) The participant organization, or the contractors,
subcontractors, or agents of a participant organization, that are
engaged in work performed in the construction or operation of a
community renewable energy facility that is larger than one megawatt
shall make a good faith effort to fill 25 percent of new entry level
positions created for the construction or operation of the facility
with persons referred by the local workforce investment board for the
workforce investment area where the facility is located. For
purposes of this paragraph, "entry level position" includes temporary
and permanent jobs, and construction jobs related to the development
of a community renewable energy facility. For the purposes of this
paragraph, "new entry level position" means a position that did not
previously exist in the employer's organization and that requires any
of the following:  
   (i) No education above a high school diploma or certified
equivalency.  
   (ii) Less than two years of training or specific preparation.
 
   (iii) A college, university, or postgraduate degree.  
   (iv) A license or a permit.  
   (B) The participant organization shall certify, to the
satisfaction of the local workforce investment board, both of the
following:  
   (i) Notice for the hiring of new entry level positions created by
the employers for the construction or operation of the facility has
been provided to the local workforce investment board at least 10
days prior to any other public notice for the positions.  
   (ii) Persons referred to the participant organization, or the
contractors, subcontractors, or agents of a participant organization
by the local workforce investment board has been considered for hire.
 
   (C) The participant organization, or the contractors,
subcontractors, or agents of a participant organization, shall make
the final determination whether a person referred by the local
workforce development board is qualified and hired.  
   (D) Any qualified person referred by the local workforce
development board who is hired by the participant organization, or
the contractors, subcontractors, or agents of a participant
organization, shall have the same rights and obligations as all other
employees in similar positions.  
   (E) (i) If this paragraph conflicts with an existing collective
bargaining agreement to which an employer is a party, the collective
bargaining agreement shall prevail.  
   (ii) If this paragraph conflicts with federal laws or regulations,
the federal laws or regulations shall prevail. 
   (d) (1) An electrical corporation shall ensure that requests for
establishment of bill credits and changes to benefiting accounts are
processed in a time period not to exceed 30 days from the date it
receives the request.
   (2) An electrical corporation shall cooperate fully with community
renewable energy facilities to implement this chapter.
   (3) An electrical corporation shall comply with the requirements
applicable to protection of the right to commercial free speech
described in Commission Decision 10-05-050 as applied to the
development, sale of subscriptions, and operation of community
renewable energy facilities. Community renewable energy facilities
may file a complaint with the commission for violation of this
paragraph.
   (4) For energy that is unallocated to a benefiting account during
the previous billing period, the recipient electrical corporation
shall pay the participant organization the current default load
aggregation point  price  and receive any renewable energy
credits associated with that energy. 
   (5) If requested by a city, county, or city and county, an
electrical corporation shall annually provide the city, county, or
city and county with the annual total generation of each community
renewable energy facility in that local jurisdiction and the annual
aggregated total generation, by fuel type, allocated to benefitting
accounts in that local jurisdiction from all community renewable
energy facilities, regardless of their location. The benefitting
account data shall be aggregated in a manner determined by the
commission to protect customer privacy and to provide a city, county,
or city and county with the information necessary to calculate
greenhouse gas emissions from energy consumption within its
jurisdiction supplied by community renewable energy facilities. The
commission may develop alternative methods to enable the sharing of
annual total generation information.  

             (6) (A) A participating electrical corporation shall, by
March 1, 2013, submit a proposed standard contract with participant
organizations for commission approval. The commission shall utilize
the advice letter procedure for approval of a standard contract
submitted by an electrical corporation.  
   (B) The proposed standard contract shall be based on the
electrical corporation's standard contract used for the commission's
most recently approved renewable auction mechanism program. Each
electrical corporation shall modify its renewable auction mechanism
standard contract to eliminate language irrelevant to the program,
including, but not limited to, compensation and monthly payments,
operating and development security, and time-of-day periods. 

   (C) The commission shall ensure that the public has a reasonable
opportunity to review and comment on the electrical corporation's
proposed standard contract prior to approving the contract. 
   (e)  The   Unless the electrical corporation
elects to provide the service of incorporating in its bill those
charges by the participant organization to the participant pursuant
to paragraph (5), the  following process shall be used when
billing and crediting a benefiting account:
   (1) An electrical corporation shall bill a benefiting account for
all electricity usage, and for each applicable bill component,
including but not limited to transmission and distribution charges,
at the rate schedule applicable to the benefiting account, including
any cost-responsibility surcharge or other cost recovery mechanism,
as determined by the commission, to reimburse the Department of Water
Resources for purchases of electricity pursuant to Division 27
(commencing with Section 80000) of the Water Code. Participants shall
not be subject to any departing load charge.
   (2) An electrical corporation shall subtract the bill credit
applicable to the benefiting account. The electrical corporation
shall ensure that the participant receives the full bill credit to
which it is entitled. The information and line items on a participant'
s bill statement will be unchanged, except one or more entries
detailing the bill credit shall be added to a participant's bill.
   (3) If, at the end of each billing cycle, the total otherwise
applicable  generation   energy component
of the bill exceeds the bill credit, the benefiting account shall be
billed for the difference.
   (4) (A) If, at the end of a billing cycle, the bill credit exceeds
the  generation   energy  component of the
amount billed to the account, the difference shall be carried
forward as a dollar credit to the next billing cycle.  Any earned
credit that exceeds the energy component of the bill shall roll over
to the subsequent billing period and shall continue to roll over
until used or until the annual anniversary date of the participant's
initial bill credit,   whichever occurs first. On the annual
anniversary date of the participant's initial bill credit, any
remaining bill credit earned during the previous year and that
remains after the application of bill credits to the energy component
of a participant's bills shall cease to roll over and will be
subject to a default load aggregation point price true-up. The
default load aggregation point price true-up shall be calculated by
converting the remaining unused bill credits to kilowatthours, by
dividing the unu   sed bill credits by the monetary value of
a bill credit, and then multiplying the kilowatthours by the default
load aggregation point price. The amount calculated doing the
default load aggregation point price true-up is owed by the
electrical corporation to the participant. The commission shall
determine whether the default load aggregation point price true-up is
to be paid to participants or credited to future billings and, if
so, the manner of crediting. 
   (B) If  the commission has determined a locational value,
 the participant's bill credit  is calculated based on
the added value method pursuant to subparagraph (B) of paragraph (6)
of subdivision (a), the bill credit  may exceed the 
generation   energy  component of the bill, but
only by the amount of the  added   locational
 value. The  added   locational  value
shall be subtracted from the balance of the participant's bill
remaining after credits are applied to the  generation
  energy  component of the bill. Any earned credit
that exceeds the  generation   energy 
component of the bill shall roll over to the subsequent billing
period and shall continue to roll over until used or until the annual
anniversary date of the participant's initial bill credit, whichever
occurs first. On the annual anniversary date of the participant's
initial bill credit, any remaining bill credit earned during the
previous year and that remains after the application of bill credits
to the  generation   energy  component of a
participant's bills shall cease to roll over and will be subject to
a default load aggregation point  price  true-up. The
default load aggregation point  price  true-up shall be
calculated by converting the remaining unused bill credits to
kilowatthours, by dividing the unused bill credits by 
whichever is applicable on the anniversary date, either the facility
rate, or the sum of added value and the participant's otherwise
applicable generation component   the monetary value of
a bill credit  , and then multiplying the kilowatthours by the
default load aggregation point  price  . The amount
calculated doing the default load aggregation point  price 
true-up is owed by the electrical corporation to the participant. The
commission shall determine whether the default load aggregation
point  price  true-up is to be paid to participants or
credited to future billings and, if so, the manner of crediting. 

   (5) If the electrical corporation elects to incorporate in its
bill those charges by the participant organization to the
participant, the following process shall be used for the bundled
electric service customers of the electrical corporation:  
   (A) The participant organization shall convey ownership of the
electricity generated by the community renewable energy facility that
passes through the meter and is delivered to the transmission or
distribution grid (delivered electricity) to the electrical
corporation under terms and conditions determined between the
participant organization and the electrical corporation, pursuant
paragraph (6) of subdivision (d).  
   (B) Unsubscribed delivered electricity shall be sold to the
electrical corporation at the default load aggregation point price.
The electrical corporation shall receive credit under the California
Renewable Portfolio Standard Program (Article 16 (commencing with
Section 399.11) of Chapter 2.3 of Part 1) for all delivered
electricity purchased pursuant to this subparagraph, without the need
for further qualifying action.  
   (C) The electrical corporation shall charge the participant for
service under each benefitting account at the electrical corporation'
s otherwise applicable tariff.  
   (D) The electrical corporation shall provide the participant with
a bill credit based on the allocated share of delivered electricity
and shall collect revenue from the participant commensurate with the
participant's contract with the participant organization.  
   (E) The electrical corporation, within 60 days, shall remit to the
participant organization the revenue collected from participants
through billings pursuant to subparagraph (D).  
   (6) Nothing in paragraph (5) requires a particular bill format or
the inclusion of any specific separate billing line items.  

   (7) The commission shall, by January 1, 2014, determine whether
customers participating in direct transactions, including those with
an electric service provider that does not provide distribution
services, customers receiving electric service through a community
choice aggregation program, and customers of a local publicly owned
electric utility that receive distribution service from an electrical
corporation having 100,000 or more service connections in
California, may receive bill credits equivalent to what would be
provided to bundled electric service customers of a participating
electrical corporation pursuant to this chapter, and, if so, shall
implement rules and procedures for enabling those transactions. 

   (f) Any renewable energy credits associated with an interest shall
 either  be retired by  either the
participant organization  or electrical corporation, as they may
agree,  on behalf of the participant or transferred to the
Western Renewable Energy Generation Information System account of
that participant, for the purpose of demonstrating the purchase of
renewable energy. Those renewable energy credits shall not be further
sold, transferred, or otherwise monetized by a party for any
purpose. Renewable energy credits associated with electricity paid
for by the electrical corporation shall be counted toward meeting
that electrical corporation's renewables portfolio standard. For
purposes of this subdivision, "renewable energy credit" and
"renewables portfolio standard" have the same meanings as defined in
Section 399.12.
   (g) In calculating its procurement requirements to meet the
requirements of the California Renewables Portfolio Standard Program
(Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part
1), an electrical corporation may exclude from total retail sales the
kilowatthours generated by a community renewable energy facility
 commencing with the point in time at which the facility achieves
commercial operation  .
   (h) The resource  adequacy  value attributable to a
community renewable energy facility, as determined by the commission
pursuant to Section 380, shall be assigned to the electrical
corporation to which the facility is interconnected. 
   (i) Notwithstanding the requirement of paragraph (2) of
subdivision (c) of Section 2833, the commission may expand the
technologies that are eligible to be a community renewable energy
facility to include other technologies for the generation of
electricity 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) and meets the emissions standards adopted by
the board for reducing emissions of greenhouse gases 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. 

   (j) The commission shall ensure full and timely recovery of all
reasonable costs incurred by an electrical corporation to implement
the program, including reasonable expenses for changes to their
billing system and handling of collections, and shall determine the
appropriate method of allocating those costs. The electrical
corporation shall have the discretion, but not the obligation, to
incorporate in its bill those charges by the participant organization
to participants, provided that the electrical corporation recovers
all incremental costs of providing that service. The commission shall
approve a memorandum account to track billing system and
implementation costs and may not direct an electrical corporation to
conduct any billing system work prior to approval of the memorandum
account. 
   SEC. 7.   SEC. 6.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.