California Legislature—2015–16 Regular Session

Assembly Bill No. 693

Introduced by Assembly Member Eggman

February 25, 2015

An act to amend Section 2852 of the Public Utilities Code, relating to renewable energy resources.

LEGISLATIVE COUNSEL’S DIGEST

AB 693, as introduced, Eggman. Renewable energy: solar energy systems: low-income residential housing.

Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations, as defined. A decision of the PUC adopted the California Solar Initiative. Existing law requires the PUC to undertake certain steps in implementing the California Solar Initiative for low-income residential housing.

The bill would make a nonsubstantive change to that provision.

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

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

SECTION 1.  

Section 2852 of the Public Utilities Code is
amended to read:

2852.  

(a) As used in this section, the following terms have the
following meanings:

(1) “Affordable housing cost,” “affordable rent,” and “lower
income households” have the same meanings as in those set forth
in Chapter 2 (commencing with Section 50050) of Part 1 of
Division 31 of the Health and Safety Code.

(2) “California Solar Initiative” means the program providing
ratepayer-funded incentives for eligible solar energy systems
adopted by the Public Utilities Commission in Decision 05-12-044
and Decision 06-01-024.

(3) “Low-income residential housing” means any of the
following:

(A) A multifamily residential complex financed with
low-income housing tax credits, tax-exempt mortgage revenue
bonds, general obligation bonds, or local, state, or federal loans
or grants, and for which either of the following applies:

(i) The rents of the occupants who are lower income households
do not exceed those prescribed by deed restrictions or regulatory
agreements pursuant to the terms of the financing or financial
assistance.

(ii) The affordable units have been or will be initially sold at an
affordable housing cost to a lower income household and those
units are subject to a resale restriction or equity sharing agreement
pursuant to the terms of the financing or financial assistance.

(B) A multifamily residential complex in which begin delete at least end delete 20
percent begin insert or more end insert of the total housing units are sold or rented to
lower income households and either of the following applies:

(i) The rental housing units targeted for lower income
households are subject to a deed restriction or affordability
covenant with a public entity or nonprofit housing provider
organized under Section 501(c)(3) of the Internal Revenue Code
that has as its stated purpose in its articles of incorporation on file
with the office of the Secretary of State to provide affordable
housing to lower income households that ensures that the units
will be available at an affordable rent for a period of at least 30
years.

(ii) The housing units have been or will be initially sold at an
affordable cost to a lower income household and those units are
subject to a resale restriction or equity sharing agreement, for
which the homeowner does not receive a greater share of equity
than described in paragraph (2) of subdivision (c) of Section 65915
of the Government Code, with a public entity or nonprofit housing
provider organized under Section 501(c)(3) of the Internal Revenue
Code that has as its stated purpose in its articles of incorporation
on file with the office of the Secretary of State to provide affordable
housing to lower income households.

(C) An individual residence sold at an affordable housing cost
to a lower income household that is subject to a resale restriction
or equity sharing agreement, for which the homeowner does not
receive a greater share of equity than described in paragraph (2)
of subdivision (c) of Section 65915 of the Government Code, with
a public entity or nonprofit housing provider organized under
Section 501(c)(3) of the Internal Revenue Code that has as its
stated purpose in its articles of incorporation on file with the office
of the Secretary of State to provide affordable housing to lower
income households.

(4) “Solar energy system” means a solar energy device that has
the primary purpose of providing for the collection and distribution
of solar energy for the generation of electricity, that produces at
least one kilowatt, and produces not more than five megawatts,
alternating current rated peak electricity, and that meets or exceeds
the eligibility criteria established by the commission or the Energy
Commission.

(b) In establishing the California Solar Initiative, no moneys
shall be diverted from any existing programs for low-income
ratepayers, or from cost-effective energy efficiency or demand
response programs.

(c) (1) The commission shall ensure that not less than 10 percent
of the funds for the California Solar Initiative, as specified in
subdivision (e) of, or moneys collected pursuant to subdivision (f)
of, Section 2851, are utilized for the installation of solar energy
systems on low-income residential housing. Notwithstanding any
other law, the commission may modify the monetary incentives
made available pursuant to the California Solar Initiative to
accommodate the limited financial resources of low-income
residential housing.

(2) The commission may incorporate a revolving loan or loan
guarantee program into the California Solar Initiative for
low-income residential housing. All loans outstanding as of January
1, 2022, shall continue to be repaid consistent with the terms and
conditions of the program adopted and implemented by the
commission pursuant to this subdivision, until repaid in full.

(3) All moneys set aside for the purpose of funding the
installation of solar energy systems on low-income residential
housing that are unexpended and unencumbered on January 1,
2022, and all moneys thereafter repaid pursuant to paragraph (2),
except to the extent those moneys are encumbered pursuant to this
section, shall be utilized to augment existing cost-effective energy
efficiency measures in low-income residential housing that benefit
ratepayers.

(d) In supervising a program implementing the California Solar
Initiative pursuant to this section, the commission shall ensure that
the program does all of the following:

(1) Is designed to maximize the overall benefit to ratepayers.

(2) Requires participants who receive monetary incentives to
enroll in the Energy Savings Assistance Program established
pursuant to Section 382, if eligible.

(3) Provides job training and employment opportunities in the
solar energy and energy efficiency sectors of the economy.