Amended in Senate May 28, 2014

Amended in Assembly May 8, 2013

Amended in Assembly April 24, 2013

Amended in Assembly April 9, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1014

Introduced by Assembly begin delete Member Williams end delete begin insert Members Skinner and Williams end insert

begin delete (Coauthor: Senator Wolk) end delete

begin insert

(Principal coauthor: Senator Jackson)

end insert begin insert

(Coauthors: Assembly Members Alejo, Bonilla, Bonta, Buchanan, Levine, Lowenthal, Rendon, Stone, and Ting)

end insert

February 22, 2013

begin delete An act to add and repeal Chapter 7.6 (commencing with Section 2832) to Part 2 of Division 1 of the Public Utilities Code, relating to energy. end delete begin insert An act to amend Section 18250 of, and to add Division 3.2 (commencing with Section 18100) to Title 2 of Part 6 of, the Penal Code, and to amend Section 8105 of the Welfare and Institutions Code, relating to firearms. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1014, as amended, begin delete Williams end delete   begin insert Skinner end insert . begin delete Energy: electrical corporations: green tariff shared renewable program. end delete begin insert Gun violence restraining orders. end insert

begin insert

(1) Existing law regulates the sale, transfer, possession, and ownership of firearms, including prohibiting specified persons from owning or possessing firearms. Existing law, among other things, prohibits a person subject to a domestic violence protective order from owning or possessing a firearm while that order is in effect and if prohibited by that order.

end insert begin insert

This bill would establish a procedure to obtain a gun violence restraining order and, when applicable, a firearm seizure warrant, when a person poses a significant risk of personal injury to himself or herself or others by possessing a firearm. The bill would establish the requirements for obtaining a gun violence restraining order and a firearm seizure warrant and would require, not later than 14 days after the execution of a gun violence restraining order, and, when applicable, a firearm seizure warrant, a hearing to determine whether a person who is subject to the order may, among other things, own or possess a firearm, or whether the seized firearm should be returned.

end insert begin insert

If it is determined that the person poses a significant risk of personal injury to himself or herself or others by possessing firearms, this bill would require law enforcement to retain the firearm for a period not to exceed one year, would make ownership or possession, the purchase or receipt, or attempted purchase or receipt of a firearm by that person a misdemeanor for a period up to one year, and would require the court to notify the Department of Justice, as specified. By creating a new crime and by requiring new duties of local law enforcement, this bill would impose a state-mandated local program.

end insert begin insert

This bill would authorize a law enforcement agency to request a renewal of a gun violence restraining order if the agency has probable cause to believe that a person subject to that restraining order continues to pose a significant risk of personal injury to himself or herself or others by possessing a firearm. This bill would additionally authorize a judge, upon his or her own motion, or upon request of another person, to issue a renewal of a gun violence restraining order, as specified.

end insert begin insert

(2) Existing law requires specified law enforcement officers to take temporary custody of any firearm or deadly weapon in plain sight or discovered pursuant to a lawful search when present at the scene of a domestic violence incident involving a threat to human life or physical assault.

end insert begin insert

This bill would apply the requirements described above to law enforcement officers serving a gun violence restraining order.

end insert begin insert

(3) Existing law requires the Department of Justice to request public and private mental hospitals, sanitariums, and institutions to submit to the department information necessary to identify persons who are admitted to a specified facility because the person is a danger to himself, herself, or others, to own, possess, control, receive, or purchase any firearm. Existing law requires the department to only use the information for certain specified purposes.

end insert begin insert

This bill would require the department to use the above-described information to determine the eligibility of a person who is the subject to either a gun violence restraining order or a firearm seizure warrant to acquire, carry, or possess firearms, destructive devices, or explosives.

end insert begin insert

(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.

end insert begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert begin delete

(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.

end delete begin delete

This bill would require specified electrical corporations to file with the commission, by March 1, 2014, an advice letter requesting the approval of a green tariff shared renewable program. The bill would require the commission, by July 1, 2014, after notice and opportunity for public comment, to approve the advice letter if the commission finds that the proposed program is reasonable and consistent with specified findings. This bill would require the commission to require that a green tariff shared renewable program be administered in accordance with specified provisions. This bill would repeal these provisions on January 1, 2019.

end delete begin delete

(2) 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.

end delete begin delete

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.

end delete begin delete

(3)  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.

end delete begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Division 3.2 (commencing with Section 18100)
is added to Title 2 of Part 6 of the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

 

Division  begin insert 3.2. end insert   Gun Violence Restraining Orders

 

begin insert 18100. end insert   

(a) A gun violence restraining order is an order, in
writing, in the name of the people, signed by a magistrate,
prohibiting a named person from having under his or her custody
or control, owning, purchasing, possessing, or receiving any
firearms for a period of up to one year.

(b) A firearm seizure warrant is an order, in writing, in the
name of the people, signed by a magistrate, regarding a person
who is subject to a gun violence restraining order and who is
known to own or possess one or more firearms, which is directed
to a peace officer, commanding him or her to seize any firearms
in the possession of the named person and to bring the unloaded
firearm before the magistrate.

begin insert 18101. end insert   

(a) Any person may submit an application to the court,
on a form designed by the Judicial Council, setting forth the facts
and circumstances necessitating that a gun violence restraining
order be issued. A gun violence restraining order shall be issued
to prohibit a named person from possessing a firearm if an
affidavit, signed by the applicant under oath, and any additional
information provided to the court demonstrates, to the satisfaction
of the court, the named person poses a significant risk of personal
injury to himself or herself or others by possessing firearms.

(b) A firearms seizure warrant may not be issued but upon
probable cause, supported by an affidavit, naming or describing
with reasonable specificity the facts and circumstances justifying
the order and listing any firearm or firearms to be seized pursuant
to the order.

(c) A firearm described in the firearms seizure warrant may be
taken from any place, or from any person in whose possession the
firearm may be.

begin insert 18102. end insert   

(a) The magistrate, before issuing the gun violence
restraining order, may examine on oath, the person seeking the
order and any witnesses the person produces, and shall take his
or her affidavit or affidavits in writing, and cause the affidavit or
affidavits to be subscribed by the parties making them.

(b) In determining whether grounds for a gun violence
restraining order exist, the magistrate shall consider all of the
following:

(1) A recent threat or act of violence by the named person
directed toward others.

(2) A recent threat or act of violence by the named person
directed toward himself or herself.

(3) A recent violation of an emergency protective order pursuant
to Section 646.91 or Part 3 (commencing with Section 6240) of
Division 10 of the Family Code.

(4) A recent violation of a protective order issued pursuant to
Part 4 (commencing with Section 6300) of Division 10 of the
Family Code, Section 136.2, Section 527.6 of the Code of Civil
Procedure, or Section 213.5 or 15657.03 of the Welfare and
Institutions Code.

(5) A conviction for any offense listed in Section 29805.

(c) In determining whether grounds for a gun violence
restraining order exist, the magistrate may consider any of the
following:

(1) The reckless use, display, or brandishing of a firearm by the
named person.

(2) The history of use, attempted use, or threatened use of
physical force by the named person against other persons.

(3) Any prior arrest of the named person for a felony offense.

(4) Any history of a violation by the named person of an
emergency protective order issued pursuant to Section 646.91 or
Part 3 (commencing with Section 6240) of Division 10 of the
Family Code.

(5) Any history of a violation by the named person of a protective
order issued pursuant to Part 4 (commencing with Section 6300)
of Division 10 of the Family Code, Section 136.2, Section 527.6
of the Code of Civil Procedure, or Section 213.5 or 15657.03 of
the Welfare and Institutions Code.

(6) Evidence of recent or ongoing abuse of controlled substances
or alcohol by the named person.

(7) Evidence of recent acquisition of firearms or other deadly
weapons.

(d) The affidavit or affidavits shall set forth the facts tending to
establish the grounds of the application, or probable cause for
believing that they exist.

(e) In lieu of the written affidavit required in subdivision (a),
the magistrate may take an oral statement under oath using the
procedures prescribed in Section 1526.

begin insert 18103. end insert   

If the magistrate is satisfied of the existence of the
grounds of the application, or that there is probable cause to
believe their existence, he or she shall issue a gun violence
restraining order. If there is also probable cause to believe that
the person has custody or control of or owns a firearm or firearms,
the magistrate shall also issue a firearm seizure warrant, signed
by the magistrate with his or her name of office, to a peace officer
in his or her county, commanding the peace officer to seize any
firearms specified and to retain the firearm or firearms subject to
the order of the court, as provided in Section 18104.

begin insert 18104. end insert   

(a) (1) A gun violence restraining order shall include
all of the following:

(A) A statement of the grounds asserted for the order.

(B) The date and time the order expires.

(C) The address of the superior court for the district or county
in which the restrained party resides.

(D) The following statement, which shall be printed in English
and Spanish:

“To the restrained person: This order will last until the date
and time noted above. You may not own, possess, purchase, or
receive, or attempt to purchase or receive a firearm while this
order is in effect. You are entitled to submit one written request
for a hearing at any time during the effective period of the order
for an order permitting you to own, possess, purchase, or receive
a firearm. You may seek the advice of an attorney as to any matter
connected with the order. The attorney should be consulted
promptly so that the attorney may assist you in any matter
connected with the order.”

(2) A firearm seizure warrant shall be substantially in the
following form:

County of ____.

The people of the State of California to any peace officer in the
County of ____.

Proof, by affidavit, having been this day made before me (naming
every person whose affidavit was taken), that there is probable
cause to believe that (person whose firearms are to be seized)
poses a significant risk of personal injury to himself or herself or
others and has possession of one or more firearms, you are
therefore commanded, in the daytime (or at any time of the day or
night, as the case may be, according to Section 1533 of the Penal
Code), to search the person and property of the named person
where firearms may be stored and to seize all firearms in the
possession of the named person and to bring the firearms to a safe
and secure location under the control of the local law enforcement
agency.

Given under my hand, and dated this ____ day of (year).

_______, Judge of the (applicable) Court.

(b) When an officer takes property under a firearms seizure
warrant, he or she shall give a receipt for the property taken,
specifying it in detail, to the person from whom it was taken. In
the absence of a person, the officer shall leave the receipt in the
place where he or she found the property.

(c) When serving a gun violence restraining order, the officer
shall inform the person that he or she may submit one written
request for a hearing, pursuant to Section 18107, at any time
during the effective period of the order and provide the person
with a form to request a hearing.

(d) All firearms seized pursuant to a firearms seizure warrant
shall be retained by the officer or the law enforcement agency in
custody as provided in Chapter 2 (commencing with Section 33850)
of Division 11 of Title 4 of Part 6, subject to the order of the court
that issued the warrant or to any other court in which an offense
in respect to the firearm is triable.

begin insert 18105. end insert   

(a) If the location to be searched during the execution
of a firearm seizure warrant is jointly occupied by multiple parties
and a firearm is located during the execution of the seizure
warrant, and it is determined that the firearm is owned by a person
other than the person named in the firearm seizure warrant, the
firearm shall not be seized if all of the following conditions are
satisfied:

(1) The firearm is stored in a manner that the person named in
the firearm seizure warrant does not have access to or control of
the firearm.

(2) There is no evidence of unlawful possession of the firearm
by the owner.

(b) If the location to be searched during the execution of a
firearm seizure warrant is jointly occupied by multiple parties and
a gun safe is located, and it is determined that the gun safe is
owned by a person other than the person named in the firearm
seizure warrant, the contents of the gun safe shall not be searched
except in the owner’s presence, or with his or her consent, or
unless a valid search warrant has been obtained.

begin insert 18106. end insert   

(a) Except as provided in subdivision (e), not later
than 14 days after the execution of a gun violence restraining order
and, when applicable, a firearm seizure warrant, the court that
issued the order and, when applicable, the seizure warrant, or
another court in that same jurisdiction, shall hold a hearing to
determine whether the person who is the subject of the order may
have under his or her custody or control, own, purchase, possess,
or receive firearms and, when applicable, whether any seized
firearms should be returned to the person named in the warrant.

(b) At the hearing, the state shall have the burden of proving,
by clear and convincing evidence, that the person poses a
significant risk of personal injury to himself, herself, or others by
owning or possessing the firearm.

(c) If the named person is found at the hearing to pose a
significant risk of personal injury to himself, herself, or others by
owning or possessing a firearm, the following shall apply:

(1) The firearm or firearms seized pursuant to the warrant shall
be retained by the law enforcement agency for a period not to
exceed one year or until ownership of the firearm is transferred
to a licensed firearm dealer.

(2) The named person shall be prohibited from owning or
possessing, purchasing or receiving, or attempting to purchase or
receive a firearm for a period not to exceed one year. A violation
of this paragraph is a misdemeanor.

(3) The court shall notify the Department of Justice of the gun
violence restraining order no later than two court days after issuing
the order. The court shall also notify the department of any order
restoring the person’s ability to own or possess firearms no later
than two court days after issuing the order to restore the person’s
right to own or possess any type of firearms that may be lawfully
owned and possessed.

(d) If the court finds that the state has not met the required
standard of proof, the firearm or firearms seized pursuant to the
warrant shall be returned to the named person pursuant to Chapter
2 (commencing with Section 33850) of Division 11.

(e) If the person named in the warrant is a person who is
prohibited by law from owning or possessing a firearm for a period
of one year or more by another provision of state or federal law,
a hearing pursuant to subdivision (a) is not required and the court
shall issue an order to hold the firearm until either the person is
no longer prohibited from owning a firearm or the person sells or
transfers ownership of the firearm to a licensed firearm dealer.

(f) Any notice or report required to be submitted to the
Department of Justice pursuant to this section shall be submitted
in an electronic format, in a manner prescribed by the department.

(g) If any person claims title to any firearms seized pursuant to
the warrant, the firearm or firearms shall be returned to the lawful
owner pursuant to Chapter 2 (commencing with Section 33850)
of Division 11 of Title 4.

begin insert 18107. end insert   

(a) A person described in subdivision (c) of Section
18106, may submit one written request at any time during the
effective period of the order for a hearing for an order permitting
the person to own, possess, purchase, or receive a firearm.

(b) The Judicial Council shall design and furnish the form, in
both English and Spanish, to be used to request a hearing under
this section. Each superior court shall make available the form
printed and distributed by the Judicial Council.

begin insert 18108. end insert   

(a) (1) When a law enforcement agency has probable
cause to believe that a person subject to a gun violence restraining
order, as defined in Section 18100, continues to pose a significant
risk of personal injury to himself or herself or others by possessing
a firearm, the agency may initiate a request for a renewal of the
order, on a form designed by the Judicial Council, setting forth
the facts and circumstances necessitating the request. A hearing
shall be held in a superior court to determine if a request for
renewal of the order shall be issued.

(2) The person named in the restraining order shall be given
written notice and an opportunity to be heard on the matter.

(b) A judge may, upon his or her own motion, or upon request
of another person, issue a renewal of a gun violence restraining
order, as defined in Section 18100, when there is probable cause
to believe that a person subject to the order continues to pose a
significant risk of personal injury to himself or herself or others
by possessing a firearm, after written notice to the person named
in the restraining order and after giving him or her an opportunity
for a hearing.

begin insert 18109. end insert   

Except as otherwise provided, the provisions of Section
1528 and Sections 1530 to 1535, inclusive, shall apply to this
division.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 18250 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

18250.  

If any of the following persons is at the scene of a
domestic violence incident involving a threat to human life or a
physical assault, or is serving a protective order as defined in
Section 6218 of the Family Code, begin insert or is serving a gun violence
restraining order as defined in Section 18100, end insert that person shall
take temporary custody of any firearm or other deadly weapon in
plain sight or discovered pursuant to a consensual or other lawful
search as necessary for the protection of the peace officer or other
persons present:

(a) A sheriff, undersheriff, deputy sheriff, marshal, deputy
marshal, or police officer of a city, as defined in subdivision (a)
of Section 830.1.

(b) A peace officer of the Department of the California Highway
Patrol, as defined in subdivision (a) of Section 830.2.

(c) A member of the University of California Police Department,
as defined in subdivision (b) of Section 830.2.

(d) An officer listed in Section 830.6, while acting in the course
and scope of the officer’s employment as a peace officer.

(e) A member of a California State University Police
Department, as defined in subdivision (c) of Section 830.2.

(f) A peace officer of the Department of Parks and Recreation,
as defined in subdivision (f) of Section 830.2.

(g) A peace officer, as defined in subdivision (d) of Section
830.31.

(h) A peace officer, as defined in subdivisions (a) and (b) of
Section 830.32.

(i) A peace officer, as defined in Section 830.5.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 8105 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

8105.  

(a) The Department of Justice shall request each public
and private mental hospital, sanitarium, and institution to submit
to the department begin delete that end delete information begin delete that end delete the department deems
necessary to identify those persons who are begin delete within end delete begin insert subject to the
prohibition specified by end insert subdivision (a) of Section 8100, in order
to carry out its duties in relation to firearms, destructive devices,
and explosives.

(b) Upon request of the Department of Justice pursuant to
subdivision (a), each public and private mental hospital, sanitarium,
and institution shall submit to the department begin delete that end delete information
begin delete which end delete the department deems necessary to identify those persons
who are begin delete within end delete begin insert subject to the prohibition specified by end insert subdivision
(a) of Section 8100, in order to carry out its duties in relation to
firearms, destructive devices, and explosives.

(c) A licensed psychotherapist shall report to a local law
enforcement agency, within 24 hours, in a manner prescribed by
the Department of Justice, the identity of a person subject to begin insert the
prohibition specified by end insert subdivision (b) of Section 8100. Upon
receipt of the report, the local law enforcement agency, on a form
prescribed by the Department of Justice, shall notify the department
electronically, within 24 hours, in a manner prescribed by the
department, of the person who is subject to begin insert the prohibition specified
by end insert subdivision (b) of Section 8100.

(d) All information provided to the Department of Justice
pursuant to this section shall be kept confidential, separate, and
apart from all other records maintained by the department. The
information provided to the Department of Justice pursuant to this
section shall be used only for any of the following purposes:

(1) By the department to determine eligibility of a person to
acquire, carry, or possess firearms, destructive devices, or
explosives.

(2) For the purposes of the court proceedings described in
subdivision (b) of Section 8100, to determine the eligibility of the
person who is bringing the petition pursuant to paragraph (3) of
subdivision (b) of Section 8100.

(3) To determine the eligibility of a person to acquire, carry, or
possess firearms, destructive devices, or explosives who is the
subject of a criminal investigation, begin insert or who is the subject of an
investigation into the issuance of either a gun violence restraining
order or a firearm seizure warrant, as defined in Section 18100
of the Penal Code, end insert if a part of the begin delete criminal end delete investigation involves
the acquisition, carrying, or possession of firearms, explosives, or
destructive devices by that person.

(e) Reports shall not be required or requested under this section
begin delete where end delete begin insert if end insert the same person has been previously reported pursuant
to Section 8103 or 8104.

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, 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.

end insert begin insert

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin delete

SECTION 1.  

Chapter 7.6 (commencing with Section 2832) is
added to Part 2 of Division 1 of the Public Utilities Code, to read:

 

Chapter  7.6. Green Tariff Shared Renewable Program

 

2832.  

The Legislature finds and declares all of the following:

(a) The creation of renewable energy within California provides
significant financial, health, environmental, and workforce benefits
to the State of California.

(b) The California Solar Initiative has been extremely successful,
resulting in over 140,000 residential and commercial onsite
installations of solar energy systems. However, it cannot reach all
residents and businesses that want to participate and is limited to
solar. A green tariff shared renewable program seeks to build on
this success by expanding access to renewable energy resources
to all ratepayers who are currently unable to access the benefits of
onsite generation.

(c) The Governor has proposed the Clean Energy Jobs Plan
calling for the development of 12,000 megawatts of localized
electricity generation by 2020. There is widespread interest from
many large institutional customers, including schools, colleges,
universities, local governments, businesses, and the military, for
development of renewable generation facilities to serve more than
33 percent of their energy needs.

(d) Public institutions will benefit from a green tariff shared
renewable program’s enhanced flexibility to participate in shared
renewable energy facilities.

(e) Renewable generation creates jobs, reduces emissions of
greenhouse gases, and promotes energy independence.

(f) Many large energy users in California have pursued onsite
renewable energy generation, but cannot achieve their goals due
to rooftop or land space limitations, or size limits on net metering.
The enactment of this chapter will create a mechanism whereby
institutional customers such as military installations, universities,
and local governments, as well as commercial customers and
groups of individuals, can efficiently invest in generating electricity
from renewable generation.

(g) It is the intent of the Legislature that a green tariff shared
renewable program be implemented in such a manner as to
facilitate a large, sustainable market for the purchase of an interest
in offsite renewable generation, while fairly compensating electrical
corporations for the services they provide, without affecting
nonparticipating ratepayers.

(h) It is the further intent of the Legislature to preserve a
thriving, sustainable agricultural industry, and to ensure that the
development of renewable energy does not remove prime farmland
from productive use without a comprehensive public review
process.

2833.  

(a) On or before March 1, 2014, an electrical corporation
with at least 100,000 customers shall file with the commission an
advice letter requesting approval of a green tariff shared renewable
program that the electrical corporation determines is consistent
with the findings specified in Section 2832.

(b) On or before July 1, 2014, the commission shall issue a
resolution on the electrical corporation’s advice letter for a green
tariff shared renewable program, determining whether to approve
or disapprove it, with or without modifications.

(c) After notice and an opportunity for public comment, the
commission shall approve an advice letter by an electrical
corporation for a green tariff shared renewable program if the
commission determines that the program is reasonable and
consistent with the findings specified in Section 2832.

(d) This chapter shall not apply to applications by electrical
corporations for a green tariff shared renewable program filed at
the commission prior to May 1, 2013, or to the approval of those
applications by the commission.

2834.  

In implementing this chapter, the commission shall
require a green tariff shared renewable program to be administered
in accordance with this section.

(a) Electrical corporations shall use existing
commission-approved tools and mechanisms to procure additional
renewable energy resources from incremental, additional renewable
generation facilities, primarily sized 20 megawatts and below.

(b) The megawatts to be procured under this section are limited
to an allocation of up to 600 megawatts to this program, divided
proportionally among the electrical corporations required to file
the tariff and allocated in equal increments over a five-year period.

(c) To the extent possible, electrical corporations shall seek to
procure renewable energy supplies that are located within a
reasonable proximity to enrolled participants.

(d) Electrical corporations shall ensure that the program
complies with diverse procurement and General Order 156 goals.

(e) Electrical corporations shall not subscribe a participant to
more than two megawatts of generating capacity or the equivalent
amount. 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. Electrical corporations
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
this program.

(f) To the extent possible, the electrical corporation shall actively
market the program to low-income and minority communities and
customers.

(g) Participating customers are to receive bill credits for the
generation using the class average retail generation rate as
established in the electrical corporation’s approved tariff for the
class to which the subscribed belongs plus a renewable adjustment
value representing the difference between the time of day profile
of the renewable resource used to serve the subscribed and the
class average time of day profile and the resource adequacy value,
if any, of the resource contained in this program.

(h) Participating customers shall pay the administrative costs
of the electrical corporation and pay charges to fully cover the cost
of procuring a green tariff shared renewable program’s resources
to serve their needs, consistent with other existing similar voluntary
optional rate schedules. Electrical corporations may provide support
for enhanced community renewable programs to facilitate
development of additional renewable projects closer to load.

(i) The commission shall ensure that the charges and credits
associated with this program shall be structured to ensure
nonparticipant ratepayer indifference for the remaining, bundled
service, direct access, and community choice aggregation customers
and that no costs are shifted from participating customers to
nonparticipating ratepayers.

(j) Electrical corporations shall track and account for all
revenues and costs to ensure that the electrical corporation recovers
the actual costs of the program and that all costs and revenues are
fully transparent and auditable.

(k) Any renewable energy credits associated with an interest
shall be retired by either the provider 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. Any 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 the purposes of this subdivision, the terms
“renewable energy credit” and “renewables portfolio standard”
have the same meanings as defined in Section 399.12.

(l) An electrical corporation shall, in the event of participant
attrition or related factors, apply the additional resources procured
through this program to the electrical corporation’s renewable
portfolio standard procurement obligations or banked for future
use to benefit all customers in accordance with renewable portfolio
standard banking and procurement rules.

(m) 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 shared renewable
energy facility commencing with the point in time at which the
facility achieves commercial operation.

(n) This chapter shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2019, deletes or extends that date.

SEC. 2.  

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.

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