BILL NUMBER: AB 415 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 24, 2013
AMENDED IN ASSEMBLY APRIL 3, 2013
INTRODUCED BY Assembly Member Garcia
FEBRUARY 15, 2013
An act to add Section 2120 to the Public Utilities Code,
relating to public utilities. An act to amend Section
2864 of the Public Utilities Code, relating to solar energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 415, as amended, Garcia. Public utilities: Public
Utilities Act: violation: defense. Solar energy: water
heating.
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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2864 of the Public
Utilities Code is amended to read:
2864. (a) The commission, in consultation with the Energy
Commission and interested members of the public, shall establish
eligibility criteria for solar water heating systems receiving gas
customer funded incentives pursuant to this article. The criteria
should specify and include all of the following:
(1) Design, installation, and energy output or displacement
standards. To be eligible for rebate funding, a residential solar
water heating system shall, at a minimum, have
shall be certified by an accredited listing agency in
accordance with SRCC OG-300 Solar Water Heating
System Certification. Solar Standard 300 or with an
equivalent American National Standard. Solar collectors used in
systems for multifamily residential, commercial, government,
nonprofit, educational, or industrial water heating shall,
at a minimum, have shall be certified by an
accredited listing agency in accordance with SRCC
OG-100 Solar Water Heating System Certification.
Standard 100, SRCC Standard 150, SRCC Standard 600, or with ISO 9806,
ASHRAE 93, or equivalent. Energy output of collectors and systems
shall b e determined in accordance with procedures set
forth by the listing agency, and shall be based on testing results
from accredited testing laboratories.
(2) Require that solar water heating system components are new and
unused, and have not previously been placed in service in any other
location or for any other application.
(3) Require that solar water heating collectors have a warranty of
not less than 10 years to protect against defects and undue
degradation.
(4) Require that solar water heating systems are in buildings or
facilities connected to a natural gas utility's distribution system
within the state.
(5) Require that solar water heating systems have meters or other
kWhth measuring devices in place to monitor and measure the system's
performance and the quantity of energy generated or displaced by the
system. The criteria shall require meters for systems with a capacity
for displacing over 30 kWth. The criteria may require meters for
systems with a capacity of 30 kWth or smaller.
(6) Require that solar water heating systems are installed in
conformity with the manufacturer's specifications and all applicable
codes and standards.
(b) Gas customer funded incentives shall not be made for a solar
water heating system that does not meet the eligibility criteria.
(c) The commission may adopt consensus solar standards applicable
to products or systems as developed by accredited standards
developers.
SECTION 1. Section 2120 is added to the Public
Utilities Code, to read:
2120. (a) Evidence of a reasonable good faith reliance upon the
advice directly provided by commission staff shall be considered by
the commission only for the purposes of determining the appropriate
penalty to be imposed in an enforcement action brought by the
commission pursuant to this part or pursuant to an order, decision,
rule, direction, demand, or requirement of the commission.
(b) For the purpose of this section, "reasonable good faith
reliance" means a reasonable belief that the action of an entity,
acting on the direction and advice of the staff of the commission, is
legal and consistent with the direction and advice provided.