Amended in Assembly April 24, 2013

Amended in Assembly April 3, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 415


Introduced by Assembly Member Garcia

February 15, 2013


begin deleteAn act to add Section 2120 to the Public Utilities Code, relating to public utilities. end deletebegin insertAn act to amend Section 2864 of the Public Utilities Code, relating to solar energy.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 415, as amended, Garcia. begin deletePublic utilities: Public Utilities Act: violation: defense. end deletebegin insertSolar energy: water heating.end insert

begin insert

The Solar Water Heating and Efficiency Act of 2007 requires the Public Utilities Commission, in consultation with the State Energy Resources Conservation and Development Commission, to establish eligibility criteria for solar water heating systems receiving gas customer funded incentives under the act. The act requires the criteria to include eligibility requirements for residential solar water heating systems or solar collectors used in systems for multifamily residential, commercial, government, nonprofit, educational, or industrial water heating systems, as specified.

end insert
begin insert

This bill would revise those eligibility requirements to require the solar water heating systems or solar collectors be certified by accredited listing agencies in accordance with specified standards, and would specify that the commission may adopt consensus solar standards applicable to products or systems as developed by accredited standards developers.

end insert
begin delete

Under existing law, the Public Utilities Commission has regulatory authority over public utilities and can establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. The Public Utilities Act regulates specified public utilities. A violation of the Public Utilities Act or an order, decision, rule, direction, demand, or requirement of the commission is a crime.

end delete
begin delete

This bill would provide that evidence of a reasonable good faith reliance upon advice directly provided by the commission staff is to be considered by the commission only for the purposes of determining the appropriate penalty to impose in an enforcement action by the commission pursuant to the act or an order, decision, rule, direction, demand, or requirement of the commission.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 2864 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is
2amended to read:end insert

3

2864.  

(a) The commission, in consultation with the Energy
4Commission and interested members of the public, shall establish
5eligibility criteria for solar water heating systems receiving gas
6customer funded incentives pursuant to this article. The criteria
7should specify and include all of the following:

8(1) Design, installation, and energy output or displacement
9standards. To be eligible for rebate funding, a residential solar
10water heating systembegin delete shall, at a minimum, haveend deletebegin insert shall be certified
11byend insert
anbegin insert accredited listing agency in accordance withend insert SRCCbegin delete OG-300
12Solar Water Heating System Certification. Solarend delete
begin insert Standard 300 or
13with an equivalent American National Standard. Solarend insert
collectors
14used in systems for multifamily residential, commercial,
15government, nonprofit, educational, or industrial water heating
16begin delete shall, at a minimum, haveend deletebegin insert shall be certified byend insert anbegin insert accredited listing
17agency in accordance withend insert
SRCCbegin delete OG-100 Solar Water Heating
18System Certification.end delete
begin insert Standard 100, SRCC Standard 150, SRCC
19Standard 600, or with ISO 9806, ASHRAE 93, or equivalent.
20Energy output of collectors and systems shall be determined in
21accordance with procedures set forth by the listing agency, and
P3    1shall be based on testing results from accredited testing
2laboratories.end insert

3(2) Require that solar water heating system components are new
4and unused, and have not previously been placed in service in any
5other location or for any other application.

6(3) Require that solar water heating collectors have a warranty
7of not less than 10 years to protect against defects and undue
8degradation.

9(4) Require that solar water heating systems are in buildings or
10facilities connected to a natural gas utility’s distribution system
11within the state.

12(5) Require that solar water heating systems have meters or
13other kWhth measuring devices in place to monitor and measure
14the system’s performance and the quantity of energy generated or
15displaced by the system. The criteria shall require meters for
16systems with a capacity for displacing over 30 kWth. The criteria
17may require meters for systems with a capacity of 30 kWth or
18smaller.

19(6) Require that solar water heating systems are installed in
20conformity with the manufacturer’s specifications and all
21applicable codes and standards.

22(b) Gas customer funded incentives shall not be made for a solar
23water heating system that does not meet the eligibility criteria.

begin insert

24(c) The commission may adopt consensus solar standards
25applicable to products or systems as developed by accredited
26standards developers.

end insert
begin delete
27

SECTION 1.  

Section 2120 is added to the Public Utilities Code,
28to read:

29

2120.  

(a) Evidence of a reasonable good faith reliance upon
30the advice directly provided by commission staff shall be
31considered by the commission only for the purposes of determining
32the appropriate penalty to be imposed in an enforcement action
33brought by the commission pursuant to this part or pursuant to an
34order, decision, rule, direction, demand, or requirement of the
35commission.

36(b) For the purpose of this section, “reasonable good faith
37reliance” means a reasonable belief that the action of an entity,
38acting on the direction and advice of the staff of the commission,
39is legal and consistent with the direction and advice provided.

end delete


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