Amended in Assembly August 23, 2016

Amended in Assembly August 19, 2016

Amended in Assembly June 13, 2016

Amended in Assembly June 10, 2016

Amended in Assembly May 25, 2016

Senate Bill No. 831

Introduced by Committee on Budget and Fiscal Review

January 7, 2016

An act begin delete to amend Section 51013.1 of, and to add Section 51015.6 to, the Government Code, to amend Section 44273 of the Health and Safety Code, to amend Section 1546.1 of the Penal Code, to amend Sections 3401 and 25751 of the Public Resources Code, and to amend Sections 388 and 399.20 of, to add Section 784.1 to, to add and repeal Section 388.2 of, and to repeal Section 2834 of, the Public Utilities Code, relating to energy, end delete begin insert relating to water resources, end insert and making an appropriation therefor, to take effect immediately, bill related to the budget.

LEGISLATIVE COUNSEL’S DIGEST

SB 831, as amended, Committee on Budget and Fiscal Review. begin delete Public resources: energy. end delete begin insert Monterey County Water Resources Agency: Lake Nacimiento and Lake San Antonio. end insert

begin insert

Existing law establishes the Monterey County Water Resources Agency as a flood control and water agency within the County of Monterey. Existing law authorizes the agency to award a design-build contract for the combined design and construction of a project to connect Lake San Antonio, located in the County of Monterey, and Lake Nacimiento, located in the County of San Luis Obispo, with an underground tunnel or pipeline for the purpose of maximizing water storage, supply, and groundwater recharge.

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This bill would appropriate $10,000,000 from the General Fund to the Department of Water Resources for the purposes of a water conveyance tunnel between Lake Nacimiento and Lake San Antonio and spillway modifications at Lake San Antonio to increase storage by approximately 60,000 acre-feet. The bill would require the department to grant the $10,000,000 appropriated for the purposes of the water conveyance tunnel and spillway modifications to the Monterey County Water Resources Agency for the purposes of constructing the water conveyance tunnel and spillway modifications, as specified.

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This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

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(1) Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities. Existing law authorizes the PUC to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law authorizes certain public utilities, including gas corporations, to propose research and development programs and authorizes the PUC to allow inclusion of expenses for research and development in the public utility’s rates. Existing law requires the PUC to consider specified guidelines in evaluating the research, development, and demonstration programs proposed by gas corporations.

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The California Renewables Portfolio Standard Program requires the PUC to adopt policies and programs that promote the in-state production and distribution of biomethane. Existing law requires the PUC to adopt, by rule or order, standards for biomethane that specify the concentrations of constituents of concern that are reasonably necessary to protect public health and ensure pipeline integrity and safety, as specified, and requirements for monitoring, testing, reporting, and recordkeeping, as specified. Existing law requires a gas corporation to comply with those standards and requirements and requires that gas corporation tariffs condition access to common carrier pipelines on the applicable customer meeting those standards and requirements. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime.

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This bill would request the California Council on Science and Technology to undertake and complete a study analyzing the regional and gas corporation specific issues relating to minimum heating value and maximum siloxane specifications adopted by the PUC for biomethane before it can be injected into common carrier gas pipelines. If the California Council on Science and Technology agrees to undertake and complete the study, the bill would require each gas corporation operating common carrier pipelines in California to proportionately contribute to the expenses to undertake the study with the cost recoverable in rates. The bill would authorize the PUC to modify certain available monetary incentives to allocate some of the incentive moneys to pay for the costs of the study so as to not further burden ratepayers with additional expense. If the California Council on Science and Technology agrees to undertake and complete the study, the bill would require the PUC, within 6 months of its completion, to reevaluate requirements and standards adopted for injection of biomethane into common carrier pipelines and, if appropriate, change those requirements and standards or adopt new requirements and standards, giving due deference to the conclusions and recommendations made in the study. Because certain provisions of the bill would be a part of the act and a violation of an order or decision of the PUC implementing its requirements would be a crime, this bill would impose a state-mandated local program by creating a new crime.

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Existing law requires the PUC to direct the electrical corporations to collectively procure at least 250 megawatts of cumulative rated generating capacity from developers of bioenergy projects that commence operation on or after June 1, 2013. Existing law requires the PUC, for each electrical corporation, to allocate shares of the 250 megawatts based on the ratio of each electrical corporation’s peak demand compared to the total statewide peak demand. Existing law requires the PUC to allocate those 250 megawatts to electrical corporations from specified categories of bioenergy project types, with specified portions of that 250 megawatts to be allocated from each category. Existing law requires the PUC to encourage gas and electrical corporations to develop and offer programs and services to facilitate development of in-state biogas for a broad range of purposes. Existing law authorizes the PUC, in consultation with specified state agencies, if it finds that the categorical allocations of those 250 megawatts are not appropriate, to reallocate those 250 megawatts among those categories.

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This bill would establish interconnection requirements for certain bioenergy projects from which generation capacity is to be procured pursuant to the above requirement. Because the above requirements would be codified in the act, this bill would impose a state-mandated local program by creating a new crime.

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The Green Tariff Shared Renewables Program requires a participating utility, defined as being an electrical corporation with 100,000 or more customers in California, to file with the PUC an application requesting approval of a tariff to implement a program enabling ratepayers to participate directly in offsite electrical generation facilities that use eligible renewable energy resources, consistent with certain legislative findings and statements of intent. Existing law requires the PUC, by July 1, 2014, to issue a decision concerning the participating utility’s application, determining whether to approve or disapprove the application, with or without modifications. Existing law requires the PUC, after notice and opportunity for public comment, to approve the application if the PUC determines that the proposed program is reasonable and consistent with the legislative findings and statements of intent and requires the PUC to require that a participating utility’s green tariff shared renewables program be administered in accordance with specified provisions. Existing law repeals the program on January 1, 2019.

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This bill would extend the operation of the program indefinitely. By extending the requirements of the Green Tariff Shared Renewables Program the bill would impose a state-mandated local program by extending the application of a crime.

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Decisions of the PUC adopted the California Solar Initiative administered by electrical corporations and subject to the PUC’s supervision. Existing law requires the PUC and the State Energy Resources Conservation and Development Commission (Energy Commission) to undertake certain steps in implementing the California Solar Initiative and requires the PUC to ensure that the total cost over the duration of the program does not exceed $3,550,800,000. Existing law specifies that the financial components of the California Solar Initiative include the New Solar Homes Partnership Program, which is administered by the Energy Commission. Existing law requires the program to be funded by charges in the amount of $400,000,000 collected from customers of the state’s 3 largest electrical corporations. If moneys from the Renewable Resource Trust Fund for the program are exhausted, existing law authorizes the PUC, upon notification by the Energy Commission, to require those electrical corporations to continue the administration of the program pursuant to the guidelines established by the Energy Commission for the program until the $400,000,000 monetary limit is reached. Existing law authorizes the PUC to determine whether a 3rd party, including the Energy Commission, should administer the electrical corporation’s continuation of the program. Existing law establishes the Renewable Resource Trust Fund as a fund that is continuously appropriated, with certain exceptions for administrative expenses, in the State Treasury.

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This bill would require, if the PUC orders a continuation of the New Solar Homes Partnership Program and determines that the Energy Commission should be the 3rd-party administrator for the program, that any funding made available for the program be deposited into the Emerging Renewable Resources Account of the Renewable Resource Trust Fund and used for the program.

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(2) The Public Utilities Act requires the PUC to submit various reports to the Legislature relative to the actions of the PUC.

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This bill would require the PUC to submit 2 reports to the relevant policy and fiscal committees of the Legislature by March 1, 2017. The first report would pertain to the PUC’s business process inventory efforts. The 2nd report would concern options to locate operations and staff outside of the PUC’s San Francisco headquarters and would explore options to allow the PUC to collaborate with other state entities and provide staff more opportunities for training, career development, and exchange placements with other state entities.

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Existing law, with exceptions, prohibits a government entity from compelling the production of or access to electronic communication information or electronic device information without a search warrant, wiretap order, order for electronic reader records, or subpoena.

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This bill would provide that the above provisions do not limit the authority of the PUC or the Energy Commission to obtain energy or water supply and consumption information pursuant to the powers granted to them under the Public Utilities Code or the Public Resources Code and other applicable state laws.

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(3) Existing law authorizes the Department of General Services or any other state or local agency intending to enter into an energy savings contract to establish a pool of qualified energy service companies, as specified. Existing law authorizes energy service contracts for individual projects undertaken by any state or local agency to be awarded through a competitive selection process to those companies identified in the pool.

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This bill would authorize the department or another state or local agency intending to enter into contracts for energy retrofit projects, as defined, to establish one of those pools. The bill would, until January 1, 2020, authorize the department and other state agencies to establish one or more pools of qualified energy service companies, as defined, that have provided the department or state agency with a specific enforceable commitment regarding the use of a skilled and trained workforce. The bill would authorize the department or state agency to select a qualified energy service company from that pool for a specific energy retrofit project on a rotational basis. The bill would require those qualified energy service companies working on a contract or project to submit a monthly report to the department or state agency, as appropriate, demonstrating their compliance with the commitment regarding the use of a skilled and trained workforce.

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Under existing law, a violation of the Public Utilities Act is a crime.

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Because the above provisions would be codified in the act, a violation of which would be a crime, this bill would impose a state-mandated local program.

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(4) The Elder California Pipeline Safety Act of 1981, among other things, by January 1, 2018, requires any new or replacement pipeline that is near environmentally or ecologically sensitive areas to use the best technology available to reduce the amount of oil released in a spill, as specified. Existing law requires operators of existing pipelines near these areas to submit plans by January 1, 2018, to retrofit those pipelines for these purposes using the best available technology by January 1, 2020. A violation of these provisions is a crime.

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This bill would define “oil” for these provisions of the act concerning pipeline safety, by reference to a specified federal regulation, to mean petroleum, petroleum products, anhydrous ammonia, and ethanol. By expanding the scope of a crime, the bill would impose a state-mandated local program.

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Under the Elder California Pipeline Safety Act of 1981, the State Fire Marshal administers provisions regulating the inspection of intrastate pipelines that transport hazardous liquids.

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This bill would require the State Fire Marshal, on or before January 31, 2017, and on or before January 31 annually thereafter until January 31, 2021, to submit a report to the Legislature containing specified information regarding the inspection of those pipelines, shutoff systems in those pipelines, and the status of 2 specified pipelines.

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(5) Existing law imposes, among other things, an annual charge upon each person operating or owning an interest in an oil or gas well, with respect to the production of the well, which charge is payable to the Treasurer for deposit into the Oil, Gas, and Geothermal Administrative Fund. Existing law requires that moneys from charges levied, assessed, and collected upon the properties of every person operating or owning an interest in the production of a well be used exclusively, upon appropriation, for the support and maintenance of the Department of Conservation, which is charged with the supervision of oil and gas operations, and for the support of the State Water Resources Control Board and the regional water quality control boards for their activities related to oil and gas operations that may affect water resources.

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This bill would additionally authorize the use of those moneys for the support of the State Air Resources Board and the Office of Environmental Health Hazard Assessment for their activities related to oil and gas operations that may affect air quality, public health, or public safety.

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(6) Existing law establishes the Alternative and Renewable Fuel and Vehicle Technology Program, administered by the Energy Commission, to provide to specified entities, upon appropriation by the Legislature, grants, loans, loan guarantees, revolving loans, or other appropriate measures for the development and deployment of innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change goals. Existing law establishes the Alternative and Renewable Fuel and Vehicle Technology Fund, moneys in which are to be expended by the Energy Commission, upon appropriation, to implement the program. Existing law creates the Public Interest Research, Development, and Demonstration Fund in the State Treasury and required that specified moneys collected by the state’s 3 largest electrical corporations, until January 1, 2012, be paid into the Public Interest Research, Development, and Demonstration Fund. Existing law requires $10,000,000 to be transferred annually from the Public Interest Research, Development, and Demonstration Fund to the Alternative and Renewable Fuel and Vehicle Technology Fund.

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This bill would repeal the requirement that $10,000,000 be transferred annually from the Public Interest Research, Development, and Demonstration Fund to the Alternative and Renewable Fuel and Vehicle Technology Fund.

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(7) Existing law vests with the Energy Commission jurisdiction over specified matters related to energy. Existing law requires the Attorney General, upon the request of the Energy Commission, to petition a court of competent jurisdiction to enjoin violations of law that are within the subject matter of the Energy Commission. Existing law requires the Energy Commission to prescribe, by regulation, building design and construction standards, energy and water efficiency design standards for new residential and nonresidential buildings, and appliance efficiency standards. Existing law authorizes the Energy Commission to establish an administrative enforcement process to enforce the appliance efficiency standards. Existing law establishes the Appliance Efficiency Enforcement Subaccount in the Energy Resources Program Account for the deposition of the penalties collected. Existing law authorizes the moneys subaccount to be expended by the Energy Commission, upon appropriation by the Legislature, for the education of the public regarding appliance energy efficiency and for the enforcement of specified regulations.

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This bill would appropriate $275,000 from the Appliance Efficiency Enforcement Subaccount in the Energy Resources Programs Account to the Energy Commission to support the Title 20 Appliance Efficiency Standards Compliance Assistance and Enforcement Program.

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(8) The bill would incorporate additional changes to Section 399.20 of the Public Utilities Code, proposed by AB 1923, to be operative only if AB 1923 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

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(9) The bill would incorporate additional changes to Section 1546.1 of the Penal Code, proposed by AB 1924, to be operative only if AB 1924 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

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(10) 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.

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

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(11) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

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Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

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begin insert SECTION 1. end insert   

end insert begin insert

Ten million dollars ($10,000,000) from the
General Fund is hereby appropriated to the Department of Water
Resources for the purposes of a water conveyance tunnel between
Lake Nacimiento and Lake San Antonio and spillway modifications
at Lake San Antonio to increase storage by approximately 60,000
acre-feet.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

The Department of Water Resources shall provide a
grant of the ten million dollars ($10,000,000) appropriated for
the purposes of a water conveyance tunnel between Lake
Nacimiento and Lake San Antonio and spillway modifications at
Lake San Antonio to the Monterey County Water Resources Agency
for the purposes of constructing, in accordance with the
design-build process authorized by Section 11.1 of the Monterey
County Water Resources Agency Act (Chapter 1159 of the Statutes
of 1990, as amended by Chapter 865 of the Statutes of 2014), the
water conveyance tunnel and spillway modifications in order to
maximize water storage, water supply, flood management, and
groundwater recharge at Lake Nacimiento and Lake San Antonio,
within the Salinas River groundwater basin, and the Salinas Valley.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.

end insert

begin delete

SECTION 1.  

Section 51013.1 of the Government Code is
amended to read:

51013.1.  

(a) By January 1, 2018, any new or replacement
pipeline near environmentally and ecologically sensitive areas in
the coastal zone shall use best available technology, including, but
not limited to, the installation of leak detection technology,
automatic shutoff systems, or remote controlled sectionalized block
valves, or any combination of these technologies, based on a risk
analysis conducted by the operator, to reduce the amount of oil
released in an oil spill to protect state waters and wildlife.

(b) (1) By July 1, 2018, an operator of an existing pipeline near
environmentally and ecologically sensitive areas in the coastal
zone shall submit a plan to retrofit, by January 1, 2020, existing
pipelines near environmentally and ecologically sensitive areas in
the coastal zone with the best available technology, including, but
not limited to, installation of leak detection technologies, automatic
shutoff systems, or remote controlled sectionalized block valves,
or any combination of these technologies, based on a risk analysis
conducted by the operator to reduce the amount of oil released in
an oil spill to protect state waters and wildlife.

(2) An operator may request confidential treatment of
information submitted in the plan required by paragraph (1) or
contained in any documents associated with the risk analysis
described in this section, including, but not limited to, information
regarding the proposed location of automatic shutoff valves or
remote controlled sectionalized block valves.

(c) The State Fire Marshal shall adopt regulations pursuant to
this section by July 1, 2017. The regulations shall include, but not
be limited to, all of the following:

(1) A definition of automatic shutoff systems.

(2) A process to assess the adequacy of the operator’s risk
analysis.

(3) A process by which an operator may request confidential
treatment of information submitted in the plan required by
paragraph (1) of subdivision (b) or contained in any documents
associated with the risk analysis described in this section.

(4) A determination of how near to an environmentally and
ecologically sensitive area a pipeline must be to be subject to the
requirements of this section based on the likelihood of the pipeline
impacting those areas.

(d) An operator of a pipeline near environmentally and
ecologically sensitive areas in the coastal zone shall notify the
Office of the State Fire Marshal of any new construction or retrofit
of pipeline in these waters.

(e) For purposes of implementing this section, the State Fire
Marshal shall consult with the Office of Spill Prevention and
Response about the potential impacts to state water and wildlife.

(f) For purposes of this section, “environmentally and
ecologically sensitive areas” is the same term as described in
subdivision (d) of Section 8574.7.

(g) (1) For purposes of this section, “best available technology”
means technology that provides the greatest degree of protection
by limiting the quantity of release in the event of a spill, taking
into consideration whether the processes are currently in use and
could be purchased anywhere in the world.

(2) The State Fire Marshal shall determine what is the best
available technology and shall consider the effectiveness and
engineering feasibility of the technology when making this
determination.

(h) For the purposes of this section, “oil” means hazardous liquid
as defined in Section 195.2 of Title 49 of the Code of Federal
Regulations.

SEC. 2.  

Section 51015.6 is added to the Government Code, to
read:

51015.6.  

(a) On or before January 31, 2017, and on or before
January 31 annually thereafter, the State Fire Marshal shall submit
a report to the Legislature containing information, including, but
not limited to, all of the following:

(1) The number of annual inspections conducted pursuant to
Section 51015.1.

(2) The status of the installation of automatic shutoff systems
pursuant to Section 51013.1, including a summary of the types of
shutoff systems installed, and the number of miles of pipeline
covered by an automatic shutoff system.

(3) The status of Line 901 and Line 903 in the County of Santa
Barbara.

(b) (1) A report required to be submitted pursuant to subdivision
(a) shall be submitted in compliance with Section 9795.

(2) Pursuant to Section 10231.5, this section is inoperative on
January 31, 2021.

SEC. 3.  

Section 44273 of the Health and Safety Code is
amended to read:

44273.  

(a) The Alternative and Renewable Fuel and Vehicle
Technology Fund is hereby created in the State Treasury, to be
administered by the commission. The moneys in the fund, upon
appropriation by the Legislature, shall be expended by the
commission to implement the Alternative and Renewable Fuel and
Vehicle Technology Program in accordance with this chapter.

(b) Beginning with the integrated energy policy report adopted
in 2011, and in the subsequent reports adopted thereafter, pursuant
to Section 25302 of the Public Resources Code, the commission
shall include an evaluation of research, development, and
deployment efforts funded by this chapter. The evaluation shall
include all of the following:

(1) A list of projects funded by the Alternative and Renewable
Fuel and Vehicle Technology Fund.

(2) The expected benefits of the projects in terms of air quality,
petroleum use reduction, greenhouse gas emissions reduction,
technology advancement, benefit-cost assessment, and progress
towards achieving these benefits.

(3) The overall contribution of the funded projects toward
promoting a transition to a diverse portfolio of clean, alternative
transportation fuels and reduced petroleum dependency in
California.

(4) Key obstacles and challenges to meeting these goals
identified through funded projects.

(5) Recommendations for future actions.

SEC. 4.  

Section 1546.1 of the Penal Code is amended to read:

1546.1.  

(a) Except as provided in this section, a government
entity shall not do any of the following:

(1) Compel the production of or access to electronic
communication information from a service provider.

(2) Compel the production of or access to electronic device
information from any person or entity other than the authorized
possessor of the device.

(3) Access electronic device information by means of physical
interaction or electronic communication with the electronic device.
This section does not prohibit the intended recipient of an electronic
communication from voluntarily disclosing electronic
communication information concerning that communication to a
government entity.

(b) A government entity may compel the production of or access
to electronic communication information from a service provider,
or compel the production of or access to electronic device
information from any person or entity other than the authorized
possessor of the device only under the following circumstances:

(1) Pursuant to a warrant issued pursuant to Chapter 3
(commencing with Section 1523) and subject to subdivision (d).

(2) Pursuant to a wiretap order issued pursuant to Chapter 1.4
(commencing with Section 629.50) of Title 15 of Part 1.

(3) Pursuant to an order for electronic reader records issued
pursuant to Section 1798.90 of the Civil Code.

(4) Pursuant to a subpoena issued pursuant to existing state law,
provided that the information is not sought for the purpose of
investigating or prosecuting a criminal offense, and compelling
the production of or access to the information via the subpoena is
not otherwise prohibited by state or federal law. Nothing in this
paragraph shall be construed to expand any authority under state
law to compel the production of or access to electronic information.

(c) A government entity may access electronic device
information by means of physical interaction or electronic
communication with the device only as follows:

(1) Pursuant to a warrant issued pursuant to Chapter 3
(commencing with Section 1523) and subject to subdivision (d).

(2) Pursuant to a wiretap order issued pursuant to Chapter 1.4
(commencing with Section 629.50) of Title 15 of Part 1.

(3) With the specific consent of the authorized possessor of the
device.

(4) With the specific consent of the owner of the device, only
when the device has been reported as lost or stolen.

(5) If the government entity, in good faith, believes that an
emergency involving danger of death or serious physical injury to
any person requires access to the electronic device information.

(6) If the government entity, in good faith, believes the device
to be lost, stolen, or abandoned, provided that the entity shall only
access electronic device information in order to attempt to identify,
verify, or contact the owner or authorized possessor of the device.

(7) Except where prohibited by state or federal law, if the device
is seized from an inmate’s possession or found in an area of a
correctional facility under the jurisdiction of the Department of
Corrections and Rehabilitation where inmates have access and the
device is not in the possession of an individual and the device is
not known or believed to be the possession of an authorized visitor.
Nothing in this paragraph shall be construed to supersede or
override Section 4576.

(d) Any warrant for electronic information shall comply with
the following:

(1) The warrant shall describe with particularity the information
to be seized by specifying the time periods covered and, as
appropriate and reasonable, the target individuals or accounts, the
applications or services covered, and the types of information
sought.

(2) The warrant shall require that any information obtained
through the execution of the warrant that is unrelated to the
objective of the warrant shall be sealed and not subject to further
review, use, or disclosure without a court order. A court shall issue
such an order upon a finding that there is probable cause to believe
that the information is relevant to an active investigation, or review,
use, or disclosure is required by state or federal law.

(3) The warrant shall comply with all other provisions of
California and federal law, including any provisions prohibiting,
limiting, or imposing additional requirements on the use of search
warrants. If directed to a service provider, the warrant shall be
accompanied by an order requiring the service provider to verify
the authenticity of electronic information that it produces by
providing an affidavit that complies with the requirements set forth
in Section 1561 of the Evidence Code. Admission of that
information into evidence shall be subject to Section 1562 of the
Evidence Code.

(e) When issuing any warrant or order for electronic information,
or upon the petition from the target or recipient of the warrant or
order, a court may, at its discretion, do any or all of the following:

(1) Appoint a special master, as described in subdivision (d) of
Section 1524, charged with ensuring that only information
necessary to achieve the objective of the warrant or order is
produced or accessed.

(2) Require that any information obtained through the execution
of the warrant or order that is unrelated to the objective of the
warrant be destroyed as soon as feasible after the termination of
the current investigation and any related investigations or
proceedings.

(f) A service provider may voluntarily disclose electronic
communication information or subscriber information when that
disclosure is not otherwise prohibited by state or federal law.

(g) If a government entity receives electronic communication
information voluntarily provided pursuant to subdivision (f), it
shall destroy that information within 90 days unless one or more
of the following circumstances apply:

(1) The entity has or obtains the specific consent of the sender
or recipient of the electronic communications about which
information was disclosed.

(2) The entity obtains a court order authorizing the retention of
the information. A court shall issue a retention order upon a finding
that the conditions justifying the initial voluntary disclosure persist,
in which case the court shall authorize the retention of the
information only for so long as those conditions persist, or there
is probable cause to believe that the information constitutes
evidence that a crime has been committed.

(3) The entity reasonably believes that the information relates
to child pornography and the information is retained as part of a
multiagency database used in the investigation of child
pornography and related crimes.

(h) If a government entity obtains electronic information
pursuant to an emergency involving danger of death or serious
physical injury to a person, that requires access to the electronic
information without delay, the entity shall, within three days after
obtaining the electronic information, file with the appropriate court
an application for a warrant or order authorizing obtaining the
electronic information or a motion seeking approval of the
emergency disclosures that shall set forth the facts giving rise to
the emergency, and if applicable, a request supported by a sworn
affidavit for an order delaying notification under paragraph (1) of
subdivision (b) of Section 1546.2. The court shall promptly rule
on the application or motion and shall order the immediate
destruction of all information obtained, and immediate notification
pursuant to subdivision (a) of Section 1546.2 if such notice has
not already been given, upon a finding that the facts did not give
rise to an emergency or upon rejecting the warrant or order
application on any other ground.

(i) This section does not limit the authority of a government
entity to use an administrative, grand jury, trial, or civil discovery
subpoena to do any of the following:

(1) Require an originator, addressee, or intended recipient of
an electronic communication to disclose any electronic
communication information associated with that communication.

(2) Require an entity that provides electronic communications
services to its officers, directors, employees, or agents for the
purpose of carrying out their duties, to disclose electronic
communication information associated with an electronic
communication to or from an officer, director, employee, or agent
of the entity.

(3) Require a service provider to provide subscriber information.

(j) This section does not limit the authority of the Public Utilities
Commission or the State Energy Resources Conservation and
Development Commission to obtain energy or water supply and
consumption information pursuant to the powers granted to them
under the Public Utilities Code or the Public Resources Code and
other applicable state laws.

SEC. 4.5.  

Section 1546.1 of the Penal Code is amended to read:

1546.1.  

(a) Except as provided in this section, a government
entity shall not do any of the following:

(1) Compel the production of or access to electronic
communication information from a service provider.

(2) Compel the production of or access to electronic device
information from any person or entity other than the authorized
possessor of the device.

(3) Access electronic device information by means of physical
interaction or electronic communication with the electronic device.
This section does not prohibit the intended recipient of an electronic
communication from voluntarily disclosing electronic
communication information concerning that communication to a
government entity.

(b) A government entity may compel the production of or access
to electronic communication information from a service provider,
or compel the production of or access to electronic device
information from any person or entity other than the authorized
possessor of the device only under the following circumstances:

(1) Pursuant to a warrant issued pursuant to Chapter 3
(commencing with Section 1523) and subject to subdivision (d).

(2) Pursuant to a wiretap order issued pursuant to Chapter 1.4
(commencing with Section 629.50) of Title 15 of Part 1.

(3) Pursuant to an order for electronic reader records issued
pursuant to Section 1798.90 of the Civil Code.

(4) Pursuant to a subpoena issued pursuant to existing state law,
provided that the information is not sought for the purpose of
investigating or prosecuting a criminal offense, and compelling
the production of or access to the information via the subpoena is
not otherwise prohibited by state or federal law. Nothing in this
paragraph shall be construed to expand any authority under state
law to compel the production of or access to electronic information.

(5) Pursuant to an order for a pen register or trap and trace
device, or both, issued pursuant to Chapter 1.5 (commencing with
Section 630) of Title 15 of Part 1.

(c) A government entity may access electronic device
information by means of physical interaction or electronic
communication with the device only as follows:

(1) Pursuant to a warrant issued pursuant to Chapter 3
(commencing with Section 1523) and subject to subdivision (d).

(2) Pursuant to a wiretap order issued pursuant to Chapter 1.4
(commencing with Section 629.50) of Title 15 of Part 1.

(3) With the specific consent of the authorized possessor of the
device.

(4) With the specific consent of the owner of the device, only
when the device has been reported as lost or stolen.

(5) If the government entity, in good faith, believes that an
emergency involving danger of death or serious physical injury to
any person requires access to the electronic device information.

(6) If the government entity, in good faith, believes the device
to be lost, stolen, or abandoned, provided that the entity shall only
access electronic device information in order to attempt to identify,
verify, or contact the owner or authorized possessor of the device.

(7) Except where prohibited by state or federal law, if the device
is seized from an inmate’s possession or found in an area of a
correctional facility under the jurisdiction of the Department of
Corrections and Rehabilitation where inmates have access and the
device is not in the possession of an individual and the device is
not known or believed to be the possession of an authorized visitor.
Nothing in this paragraph shall be construed to supersede or
override Section 4576.

(8) Pursuant to an order for a pen register or trap and trace
device, or both, issued pursuant to Chapter 1.5 (commencing with
Section 630) of Title 15 of Part 1.

(d) Any warrant for electronic information shall comply with
the following:

(1) The warrant shall describe with particularity the information
to be seized by specifying the time periods covered and, as
appropriate and reasonable, the target individuals or accounts, the
applications or services covered, and the types of information
sought.

(2) The warrant shall require that any information obtained
through the execution of the warrant that is unrelated to the
objective of the warrant shall be sealed and not subject to further
review, use, or disclosure without a court order. A court shall issue
such an order upon a finding that there is probable cause to believe
that the information is relevant to an active investigation, or review,
use, or disclosure is required by state or federal law.

(3) The warrant shall comply with all other provisions of
California and federal law, including any provisions prohibiting,
limiting, or imposing additional requirements on the use of search
warrants. If directed to a service provider, the warrant shall be
accompanied by an order requiring the service provider to verify
the authenticity of electronic information that it produces by
providing an affidavit that complies with the requirements set forth
in Section 1561 of the Evidence Code. Admission of that
information into evidence shall be subject to Section 1562 of the
Evidence Code.

(e) When issuing any warrant or order for electronic information,
or upon the petition from the target or recipient of the warrant or
order, a court may, at its discretion, do any or all of the following:

(1) Appoint a special master, as described in subdivision (d) of
Section 1524, charged with ensuring that only information
necessary to achieve the objective of the warrant or order is
produced or accessed.

(2) Require that any information obtained through the execution
of the warrant or order that is unrelated to the objective of the
warrant be destroyed as soon as feasible after the termination of
the current investigation and any related investigations or
proceedings.

(f) A service provider may voluntarily disclose electronic
communication information or subscriber information when that
disclosure is not otherwise prohibited by state or federal law.

(g) If a government entity receives electronic communication
information voluntarily provided pursuant to subdivision (f), it
shall destroy that information within 90 days unless one or more
of the following circumstances apply:

(1) The entity has or obtains the specific consent of the sender
or recipient of the electronic communications about which
information was disclosed.

(2) The entity obtains a court order authorizing the retention of
the information. A court shall issue a retention order upon a finding
that the conditions justifying the initial voluntary disclosure persist,
in which case the court shall authorize the retention of the
information only for so long as those conditions persist, or there
is probable cause to believe that the information constitutes
evidence that a crime has been committed.

(3) The entity reasonably believes that the information relates
to child pornography and the information is retained as part of a
multiagency database used in the investigation of child
pornography and related crimes.

(h) If a government entity obtains electronic information
pursuant to an emergency involving danger of death or serious
physical injury to a person, that requires access to the electronic
information without delay, the entity shall, within three days after
obtaining the electronic information, file with the appropriate court
an application for a warrant or order authorizing obtaining the
electronic information or a motion seeking approval of the
emergency disclosures that shall set forth the facts giving rise to
the emergency, and if applicable, a request supported by a sworn
affidavit for an order delaying notification under paragraph (1) of
subdivision (b) of Section 1546.2. The court shall promptly rule
on the application or motion and shall order the immediate
destruction of all information obtained, and immediate notification
pursuant to subdivision (a) of Section 1546.2 if such notice has
not already been given, upon a finding that the facts did not give
rise to an emergency or upon rejecting the warrant or order
application on any other ground.

(i) This section does not limit the authority of a government
entity to use an administrative, grand jury, trial, or civil discovery
subpoena to do any of the following:

(1) Require an originator, addressee, or intended recipient of
an electronic communication to disclose any electronic
communication information associated with that communication.

(2) Require an entity that provides electronic communications
services to its officers, directors, employees, or agents for the
purpose of carrying out their duties, to disclose electronic
communication information associated with an electronic
communication to or from an officer, director, employee, or agent
of the entity.

(3) Require a service provider to provide subscriber information.

(j) This section does not limit the authority of the Public Utilities
Commission or the State Energy Resources Conservation and
Development Commission to obtain energy or water supply and
consumption information pursuant to the powers granted to them
under the Public Utilities Code or the Public Resources Code and
other applicable state laws.

SEC. 5.  

Section 3401 of the Public Resources Code is amended
to read:

3401.  

(a) The proceeds of charges levied, assessed, and
collected pursuant to this article upon the properties of every person
operating or owning an interest in the production of a well shall
be used exclusively for the support and maintenance of the
department charged with the supervision of oil and gas operations,
for the State Water Resources Control Board and the regional water
quality control boards for their activities related to oil and gas
operations that may affect water resources, and for the support of
the State Air Resources Board and the Office of Environmental
Health Hazard Assessment for their activities related to oil and
gas operations that may affect air quality, public health, or public
safety.

(b) Notwithstanding subdivision (a), the proceeds of charges
levied, assessed, and collected pursuant to this article upon the
properties of every person operating or owning an interest in the
production of a well undergoing a well stimulation treatment, may
be used by public entities, subject to appropriation by the
Legislature, for all costs associated with both of the following:

(1) Well stimulation treatments, including rulemaking and
scientific studies required to evaluate the treatment, inspections,
any air and water quality sampling, monitoring, and testing
performed by public entities.

(2) The costs of the State Water Resources Control Board and
the regional water quality control boards in carrying out their
responsibilities pursuant to Section 3160 and Section 10783 of the
Water Code.

SEC. 6.  

Section 25751 of the Public Resources Code is
amended to read:

25751.  

(a) The Renewable Resource Trust Fund is hereby
created in the State Treasury.

(b) The Emerging Renewable Resources Account is hereby
established within the Renewable Resources Trust Fund.
Notwithstanding Section 13340 of the Government Code, the
moneys in the account are hereby continuously appropriated to
the commission without regard to fiscal years for the following
purposes:

(1) To close out the award of incentives for emerging
technologies in accordance with former Section 25744, as this law
existed prior to the enactment of the Budget Act of 2012, for which
applications had been approved before the enactment of the Budget
Act of 2012.

(2) To close out consumer education activities in accordance
with former Section 25746, as this law existed prior to the
enactment of the Budget Act of 2012.

(3) To provide funding for the New Solar Homes Partnership
pursuant to paragraph (3) of subdivision (e) of Section 2851 of the
Public Utilities Code.

(c) The Controller shall provide to the commission funds
pursuant to the continuous appropriation in, and for purposes
specified in, subdivision (b).

(d) The Controller shall provide to the commission moneys
from the fund sufficient to satisfy all contract and grant awards
that were made by the commission pursuant to former Sections
25744 and 25746, and Chapter 8.8 (commencing with Section
25780), as these laws existed prior to the enactment of the Budget
Act of 2012.

(e) If the Public Utilities Commission determines that the
commission should be the third-party administrator for the New
Solar Homes Partnership Program pursuant to subparagraph (A)
of paragraph (3) of subdivision (e) of Section 2851 of the Public
Utilities Code, any moneys made available to fund the New Solar
Homes Partnership Program shall be deposited into the Emerging
Renewable Resources Account of the Renewable Resource Trust
Fund and used for this purpose.

SEC. 7.  

Section 388 of the Public Utilities Code is amended
to read:

388.  

(a) Notwithstanding any other law, a state agency may
enter into an energy savings contract with a qualified energy service
company for the purchase or exchange of thermal or electrical
energy or water, or to acquire energy efficiency or water
conservation services, or both energy efficiency and water
conservation services, for a term not exceeding 35 years, at rates
and upon terms approved by the agency.

(b) The Department of General Services or any other state or
local agency intending to enter into an energy savings contract or
a contract for an energy retrofit project may establish a pool of
qualified energy service companies based on qualifications,
experience, pricing, or other pertinent factors. Energy service
contracts for individual projects undertaken by any state or local
agency may be awarded through a competitive selection process
to individuals or firms identified in the pool. The pool of qualified
energy service companies and contractors shall be reestablished
at least every two years or shall expire.

(c) For purposes of this section, the following definitions apply:

(1) (A) “Energy retrofit project” means a project for which the
state or local agency works with a qualified energy service
company to identify, develop, design, and implement energy
conservation measures in existing facilities to reduce energy or
water use or make more efficient use of energy or water.

(B) “Energy retrofit project” does not include the erection or
installation of a power generation system, a power purchase
agreement, or a project utilizing a site license or lease agreement.

(2) “Energy savings” means a measured and verified reduction
in fuel, energy, or water consumption when compared to an
established baseline of consumption.

(3) “Qualified energy service company” means a company with
a demonstrated ability to provide or arrange for building or facility
energy auditors, selection and design of appropriate energy savings
measures, project financing, implementation of these measures,
and maintenance and ongoing measurement of these measures as
to ensure and verify energy savings.

SEC. 8.  

Section 388.2 is added to the Public Utilities Code, to
read:

388.2.  

(a) For purposes of this section, the following
definitions apply:

(1) “Apprenticeable occupation” means an occupation for which
the chief has approved an apprenticeship program pursuant to
Section 3075 of the Labor Code before January 1, 2014.

(2) “Chief” means the Chief of the Division of Apprenticeship
Standards of the Department of Industrial Relations.

(3) “Department” means the Department of General Services.

(4) (A) “Energy retrofit project” means a project for which the
state works with a qualified energy service company to identify,
develop, design, and implement energy conservation measures in
existing facilities to reduce energy or water use or make more
efficient use of energy or water.

(B) “Energy retrofit project” does not include the erection or
installation of a power generation system, a power purchase
agreement, or a project utilizing a site license or lease agreement.

(5) “Energy savings” means a measured and verified reduction
in fuel, energy, or water consumption when compared to an
established baseline of consumption.

(6) “Enforceable commitment” means an enforceable agreement
with the department or state agency that the entity and its
subcontractors at every tier will comply with this section.

(7) (A) “Qualified energy service company” means a company
with a demonstrated ability to provide or arrange for building or
facility energy auditors, selection and design of appropriate energy
savings measures, project financing, implementation of these
measures, and maintenance and ongoing measurement of these
measures as to ensure and verify energy savings.

(B) An entity is not a qualified energy service company unless
the entity has provided to the agency an enforceable commitment
that the entity and its subcontractors at every tier will use a skilled
and trained workforce to perform all work on the project or contract
that falls within an apprenticeable occupation in the building and
construction trades.

(8) “Skilled and trained workforce” means a workforce that
meets all of the following conditions:

(A) All workers performing work in an apprenticeable
occupation in the building and construction trades are either skilled
journeypersons or apprentices in an apprenticeship program
approved by the chief.

(B) (i) Except as provided in clause (ii), at least 60 percent of
the skilled journeypersons employed to perform work on a contract
or project by every contractor and each of its subcontractors at
every tier are graduates of an apprenticeship program that was
either approved by the chief pursuant to Section 3075 of the Labor
Code, or an apprenticeship program located outside the state that
is approved pursuant to the apprenticeship regulations adopted by
the United States Secretary of Labor, for the applicable occupation.

(ii) For an apprenticeable occupation in which no apprenticeship
program had been approved by the chief before January 1, 1995,
up to one-half of the requirement in clause (i) may be satisfied by
skilled journeypersons who commenced working in an
apprenticeable occupation before the chief’s approval of an
apprenticeship program in the county in which the project is
located.

(iii) The requirements of this subparagraph are satisfied if, in a
particular calendar month, either of the following is true:

(I) The percentage of the skilled journeypersons employed by
the contractor or subcontractor to perform work on the contract or
project is at least equal to 60 percent.

(II) For the hours of work performed by skilled journeypersons
employed by the contractor or subcontractor on the contract or
project, the percentage of hours performed by skilled
journeypersons is at least equal to 60 percent.

(iv) This subparagraph does not apply to a contractor or
subcontractor if, during the calendar month, the contractor or
subcontractor employs skilled journeypersons to perform fewer
than 10 hours of work on the contract or project.

(v) This subparagraph does not apply to a subcontractor if both
of the following are true:

(I) The subcontractor is not a listed subcontractor in the
investment grade audit or a substitute for a listed subcontractor.

(II) The subcontract does not exceed one-half of 1 percent of
the price of the prime contract.

(9) “Skilled journeyperson” means a worker who is being paid
at least the prevailing rate or per diem wages published by the
Department of Industrial Relations for the occupation and
geographic area and who either:

(A) Graduated from either an apprenticeship program that was
approved by the chief pursuant to Section 3075 of the Labor Code,
or an apprenticeship program located outside the state that is
approved pursuant to the apprenticeship regulations adopted by
the United States Secretary of Labor, for the applicable occupation.

(B) Has at least as many hours of on-the-job training experience
in the applicable occupation as would be required to graduate from
an apprenticeship program for the applicable occupation that is
approved by the chief.

(b) (1) The department or any other state agency intending to
enter into an energy savings contract for an energy retrofit project
may establish one or more pools of qualified energy service
companies based on qualification, experience, pricing, or other
pertinent factors. The department or state agency may select a
qualified energy service company identified in the pool for a
contract for a specific energy retrofit project on a rotational basis.

(2) The department or state agency has the exclusive authority
to reject the plan or proposal of a qualified energy service company
selected for an energy retrofit project pursuant to paragraph (1)
and may continue the selection process until a satisfactory proposal
is identified.

(c) (1) A qualified energy service company working on an
energy retrofit project shall submit to the department or state
agency, as appropriate, on a monthly basis, a report demonstrating
compliance with this section.

(2) If the qualified energy service company fails to submit the
monthly report or submits a report that is incomplete, the
department or state agency, as appropriate, shall withhold further
payments until a complete report is submitted.

(3) The monthly report is a public record under the California
Public Records Act (Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code) and shall be
available for public inspection.

(d) Prior to performing an investment grade audit, the
department or other state agency shall provide a public notification
that includes the project location, assigned energy service company,
and the appropriate contact information on the department’s
Internet Web site.

(e) Subparagraph (B) of paragraph (7) of subdivision (a) and
subdivision (c) do not apply if either of the following applies:

(1) The department or state agency, as appropriate, has entered
into a project labor agreement, as defined in paragraph (1) of
subdivision (b) of Section 2500 of the Public Contract Code, that
will bind all contractors and subcontractors performing work on
the project or contract and the entity agrees to be bound by that
project labor agreement.

(2) The entity has entered into a project labor agreement, as
defined in paragraph (1) of subdivision (b) of Section 2500 of the
Public Contract Code, that will bind the entity and all contractors
and subcontractors at every tier performing the project or contract.

(f) Subparagraph (B) of paragraph (7) of subdivision (a) and
subdivision (c) do not apply to work performed by the California
Conservation Corps that is nontrades and nonconstruction related.

(g) This section is not intended to waive other terms and
conditions applicable to a state contract for an energy retrofit
project.

(h) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

SEC. 9.  

Section 399.20 of the Public Utilities Code is amended
to read:

399.20.  

(a) It is the policy of this state and the intent of the
Legislature to encourage electrical generation from eligible
renewable energy resources.

(b) As used in this section, “electric generation facility” means
an electric generation facility located within the service territory
of, and developed to sell electricity to, an electrical corporation
that meets all of the following criteria:

(1) Has an effective capacity of not more than three megawatts.

(2) Is interconnected and operates in parallel with the electrical
transmission and distribution grid.

(3) Is strategically located and interconnected to the electrical
transmission and distribution grid in a manner that optimizes the
deliverability of electricity generated at the facility to load centers.

(4) Is an eligible renewable energy resource.

(c) Every electrical corporation shall file with the commission
a standard tariff for electricity purchased from an electric
generation facility. The commission may modify or adjust the
requirements of this section for any electrical corporation with less
than 100,000 service connections, as individual circumstances
merit.

(d) (1) The tariff shall provide for payment for every
kilowatthour of electricity purchased from an electric generation
facility for a period of 10, 15, or 20 years, as authorized by the
commission. The payment shall be the market price determined
by the commission pursuant to paragraph (2) and shall include all
current and anticipated environmental compliance costs, including,
but not limited to, mitigation of emissions of greenhouse gases
and air pollution offsets associated with the operation of new
generating facilities in the local air pollution control or air quality
management district where the electric generation facility is
located.

(2) The commission shall establish a methodology to determine
the market price of electricity for terms corresponding to the length
of contracts with an electric generation facility, in consideration
of the following:

(A) The long-term market price of electricity for fixed price
contracts, determined pursuant to an electrical corporation’s general
procurement activities as authorized by the commission.

(B) The long-term ownership, operating, and fixed-price fuel
costs associated with fixed-price electricity from new generating
facilities.

(C) The value of different electricity products including
baseload, peaking, and as-available electricity.

(3) The commission may adjust the payment rate to reflect the
value of every kilowatthour of electricity generated on a
time-of-delivery basis.

(4) The commission shall ensure, with respect to rates and
charges, that ratepayers that do not receive service pursuant to the
tariff are indifferent to whether a ratepayer with an electric
generation facility receives service pursuant to the tariff.

(e) An electrical corporation shall provide expedited
interconnection procedures to an electric generation facility located
on a distribution circuit that generates electricity at a time and in
a manner so as to offset the peak demand on the distribution circuit,
if the electrical corporation determines that the electric generation
facility will not adversely affect the distribution grid. The
commission shall consider and may establish a value for an electric
generation facility located on a distribution circuit that generates
electricity at a time and in a manner so as to offset the peak demand
on the distribution circuit.

(f) (1) An electrical corporation shall make the tariff available
to the owner or operator of an electric generation facility within
the service territory of the electrical corporation, upon request, on
a first-come-first-served basis, until the electrical corporation meets
its proportionate share of a statewide cap of 750 megawatts
cumulative rated generation capacity served under this section and
Section 387.6. The proportionate share shall be calculated based
on the ratio of the electrical corporation’s peak demand compared
to the total statewide peak demand.

(2) By June 1, 2013, the commission shall, in addition to the
750 megawatts identified in paragraph (1), direct the electrical
corporations to collectively procure at least 250 megawatts of
cumulative rated generating capacity from developers of bioenergy
projects that commence operation on or after June 1, 2013. The
commission shall, for each electrical corporation, allocate shares
of the additional 250 megawatts based on the ratio of each electrical
corporation’s peak demand compared to the total statewide peak
demand. In implementing this paragraph, the commission shall do
all of the following:

(A) Allocate the 250 megawatts identified in this paragraph
among the electrical corporations based on the following
categories:

(i) For biogas from wastewater treatment, municipal organic
waste diversion, food processing, and codigestion, 110 megawatts.

(ii) For dairy and other agricultural bioenergy, 90 megawatts.

(iii) For bioenergy using byproducts of sustainable forest
management, 50 megawatts. Allocations under this category shall
be determined based on the proportion of bioenergy that sustainable
forest management providers derive from sustainable forest
management in fire threat treatment areas, as designated by the
Department of Forestry and Fire Protection.

(B) Direct the electrical corporations to develop standard
contract terms and conditions that reflect the operational
characteristics of the projects, and to provide a streamlined
contracting process.

(C) Coordinate, to the maximum extent feasible, any incentive
or subsidy programs for bioenergy with the agencies listed in
subparagraph (A) of paragraph (3) in order to provide maximum
benefits to ratepayers and to ensure that incentives are used to
reduce contract prices.

(D) The commission shall encourage gas and electrical
corporations to develop and offer programs and services to facilitate
development of in-state biogas for a broad range of purposes.

(3) (A) The commission, in consultation with the State Energy
Resources Conservation and Development Commission, the State
Air Resources Board, the Department of Forestry and Fire
Protection, the Department of Food and Agriculture, and the
Department of Resources Recycling and Recovery, may review
the allocations of the 250 additional megawatts identified in
paragraph (2) to determine if those allocations are appropriate.

(B) If the commission finds that the allocations of the 250
additional megawatts identified in paragraph (2) are not
appropriate, the commission may reallocate the 250 megawatts
among the categories established in subparagraph (A) of paragraph
(2).

(4) (A) A project identified in clause (iii) of subparagraph (A)
of paragraph (2) is eligible, in regards to interconnection, for the
tariff established to implement paragraph (2) or to participate in
any program or auction established to implement paragraph (2),
if it meets at least one of the following requirements:

(i) The project is already interconnected.

(ii) The project has been found to be eligible for interconnection
pursuant to the fast track process under the relevant tariff.

(iii) A system impact study or other interconnection study has
been completed for the project under the relevant tariff, and there
was no determination in the study that, with the identified
interconnection upgrades, if any, a condition specified in paragraph
(2), (3), or (4) of subdivision (n) would exist. Such a project is not
required to have a pending, active interconnection application to
be eligible.

(B) For a project meeting the eligibility requirements pursuant
to clause (iii) of subparagraph (A) of this paragraph, both of the
following apply:

(i) The project is hereby deemed to be able to interconnect
within the required time limits for the purpose of determining
eligibility for the tariff.

(ii) The project shall submit a new application for
interconnection within 30 days of execution of a standard contract
pursuant to the tariff if it does not have a pending, active
interconnection application or a completed interconnection. For
those projects, the time to achieve commercial operation shall
begin to run from the date when the new system impact study or
other interconnection study is completed rather than from the date
of execution of the standard contract.

(5) For the purposes of this subdivision, “bioenergy” means
biogas and biomass.

(g) The electrical corporation may make the terms of the tariff
available to owners and operators of an electric generation facility
in the form of a standard contract subject to commission approval.

(h) Every kilowatthour of electricity purchased from an electric
generation facility shall count toward meeting the electrical
corporation’s renewables portfolio standard annual procurement
targets for purposes of paragraph (1) of subdivision (b) of Section
399.15.

(i) The physical generating capacity of an electric generation
facility shall count toward the electrical corporation’s resource
adequacy requirement for purposes of Section 380.

(j) (1) The commission shall establish performance standards
for any electric generation facility that has a capacity greater than
one megawatt to ensure that those facilities are constructed,
operated, and maintained to generate the expected annual net
production of electricity and do not impact system reliability.

(2) The commission may reduce the three megawatt capacity
limitation of paragraph (1) of subdivision (b) if the commission
finds that a reduced capacity limitation is necessary to maintain
system reliability within that electrical corporation’s service
territory.

(k) (1) Any owner or operator of an electric generation facility
that received ratepayer-funded incentives in accordance with
Section 379.6 of this code, or with Section 25782 of the Public
Resources Code, and participated in a net metering program
pursuant to Sections 2827, 2827.9, and 2827.10 of this code prior
to January 1, 2010, shall be eligible for a tariff or standard contract
filed by an electrical corporation pursuant to this section.

(2) In establishing the tariffs or standard contracts pursuant to
this section, the commission shall consider ratepayer-funded
incentive payments previously received by the generation facility
pursuant to Section 379.6 of this code or Section 25782 of the
Public Resources Code. The commission shall require
reimbursement of any funds received from these incentive
programs to an electric generation facility, in order for that facility
to be eligible for a tariff or standard contract filed by an electrical
corporation pursuant to this section, unless the commission
determines ratepayers have received sufficient value from the
incentives provided to the facility based on how long the project
has been in operation and the amount of renewable electricity
previously generated by the facility.

(3) A customer that receives service under a tariff or contract
approved by the commission pursuant to this section is not eligible
to participate in any net metering program.

(l) An owner or operator of an electric generation facility
electing to receive service under a tariff or contract approved by
the commission shall continue to receive service under the tariff
or contract until either of the following occurs:

(1) The owner or operator of an electric generation facility no
longer meets the eligibility requirements for receiving service
pursuant to the tariff or contract.

(2) The period of service established by the commission pursuant
to subdivision (d) is completed.

(m) Within 10 days of receipt of a request for a tariff pursuant
to this section from an owner or operator of an electric generation
facility, the electrical corporation that receives the request shall
post a copy of the request on its Internet Web site. The information
posted on the Internet Web site shall include the name of the city
in which the facility is located, but information that is proprietary
and confidential, including, but not limited to, address information
beyond the name of the city in which the facility is located, shall
be redacted.

(n) An electrical corporation may deny a tariff request pursuant
to this section if the electrical corporation makes any of the
following findings:

(1) The electric generation facility does not meet the
requirements of this section.

(2) The transmission or distribution grid that would serve as the
point of interconnection is inadequate.

(3) The electric generation facility does not meet all applicable
state and local laws and building standards and utility
interconnection requirements.

(4) The aggregate of all electric generating facilities on a
distribution circuit would adversely impact utility operation and
load restoration efforts of the distribution system.

(o) Upon receiving a notice of denial from an electrical
corporation, the owner or operator of the electric generation facility
denied a tariff pursuant to this section shall have the right to appeal
that decision to the commission.

(p) In order to ensure the safety and reliability of electric
generation facilities, the owner of an electric generation facility
receiving a tariff pursuant to this section shall provide an inspection
and maintenance report to the electrical corporation at least once
every other year. The inspection and maintenance report shall be
prepared at the owner’s or operator’s expense by a
California-licensed contractor who is not the owner or operator of
the electric generation facility. A California-licensed electrician
shall perform the inspection of the electrical portion of the
generation facility.

(q) The contract between the electric generation facility
receiving the tariff and the electrical corporation shall contain
provisions that ensure that construction of the electric generating
facility complies with all applicable state and local laws and
building standards, and utility interconnection requirements.

(r) (1) All construction and installation of facilities of the
electrical corporation, including at the point of the output meter
or at the transmission or distribution grid, shall be performed only
by that electrical corporation.

(2) All interconnection facilities installed on the electrical
corporation’s side of the transfer point for electricity between the
electrical corporation and the electrical conductors of the electric
generation facility shall be owned, operated, and maintained only
by the electrical corporation. The ownership, installation, operation,
reading, and testing of revenue metering equipment for electric
generating facilities shall only be performed by the electrical
corporation.

SEC. 9.5.  

Section 399.20 of the Public Utilities Code is
amended to read:

399.20.  

(a) It is the policy of this state and the intent of the
Legislature to encourage electrical generation from eligible
renewable energy resources.

(b) As used in this section, “electric generation facility” means
an electric generation facility located within the service territory
of, and developed to sell electricity to, an electrical corporation
that meets all of the following criteria:

(1) Has an effective capacity of not more than three megawatts,
with the exception of those facilities participating in a tariff made
available pursuant to paragraph (2) of subdivision (f).

(2) Is interconnected and operates in parallel with the electrical
transmission and distribution grid.

(3) Is strategically located and interconnected to the electrical
transmission and distribution grid in a manner that optimizes the
deliverability of electricity generated at the facility to load centers.

(4) Is an eligible renewable energy resource.

(c) Every electrical corporation shall file with the commission
a standard tariff for electricity purchased from an electric
generation facility. The commission may modify or adjust the
requirements of this section for any electrical corporation with less
than 100,000 service connections, as individual circumstances
merit.

(d) (1) The tariff shall provide for payment for every
kilowatthour of electricity purchased from an electric generation
facility for a period of 10, 15, or 20 years, as authorized by the
commission. The payment shall be the market price determined
by the commission pursuant to paragraph (2) and shall include all
current and anticipated environmental compliance costs, including,
but not limited to, mitigation of emissions of greenhouse gases
and air pollution offsets associated with the operation of new
generating facilities in the local air pollution control or air quality
management district where the electric generation facility is
located.

(2) The commission shall establish a methodology to determine
the market price of electricity for terms corresponding to the length
of contracts with an electric generation facility, in consideration
of the following:

(A) The long-term market price of electricity for fixed price
contracts, determined pursuant to an electrical corporation’s general
procurement activities as authorized by the commission.

(B) The long-term ownership, operating, and fixed-price fuel
costs associated with fixed-price electricity from new generating
facilities.

(C) The value of different electricity products including
baseload, peaking, and as-available electricity.

(3) The commission may adjust the payment rate to reflect the
value of every kilowatthour of electricity generated on a
time-of-delivery basis.

(4) The commission shall ensure, with respect to rates and
charges, that ratepayers that do not receive service pursuant to the
tariff are indifferent to whether a ratepayer with an electric
generation facility receives service pursuant to the tariff.

(e) An electrical corporation shall provide expedited
interconnection procedures to an electric generation facility located
on a distribution circuit that generates electricity at a time and in
a manner so as to offset the peak demand on the distribution circuit,
if the electrical corporation determines that the electric generation
facility will not adversely affect the distribution grid. The
commission shall consider and may establish a value for an electric
generation facility located on a distribution circuit that generates
electricity at a time and in a manner so as to offset the peak demand
on the distribution circuit.

(f) (1) An electrical corporation shall make the tariff available
to the owner or operator of an electric generation facility within
the service territory of the electrical corporation, upon request, on
a first-come-first-served basis, until the electrical corporation meets
its proportionate share of a statewide cap of 750 megawatts
cumulative rated generation capacity served under this section and
Section 387.6. The proportionate share shall be calculated based
on the ratio of the electrical corporation’s peak demand compared
to the total statewide peak demand.

(2) By June 1, 2013, the commission shall, in addition to the
750 megawatts identified in paragraph (1), direct the electrical
corporations to collectively procure at least 250 megawatts of
cumulative rated generating capacity from developers of bioenergy
projects that commence operation on or after June 1, 2013. The
commission shall, for each electrical corporation, allocate shares
of the additional 250 megawatts based on the ratio of each electrical
corporation’s peak demand compared to the total statewide peak
demand. In implementing this paragraph, the commission shall do
all of the following:

(A) Allocate the 250 megawatts identified in this paragraph
among the electrical corporations based on the following
categories:

(i) For biogas from wastewater treatment, municipal organic
waste diversion, food processing, and codigestion, 110 megawatts.

(ii) For dairy and other agricultural bioenergy, 90 megawatts.

(iii) For bioenergy using byproducts of sustainable forest
management, 50 megawatts. Allocations under this category shall
be determined based on the proportion of bioenergy that sustainable
forest management providers derive from sustainable forest
management in fire threat treatment areas, as designated by the
Department of Forestry and Fire Protection.

(B) Direct the electrical corporations to develop standard
contract terms and conditions that reflect the operational
characteristics of the projects, and to provide a streamlined
contracting process.

(C) Coordinate, to the maximum extent feasible, any incentive
or subsidy programs for bioenergy with the agencies listed in
subparagraph (A) of paragraph (3) in order to provide maximum
benefits to ratepayers and to ensure that incentives are used to
reduce contract prices.

(D) The commission shall encourage gas and electrical
corporations to develop and offer programs and services to facilitate
development of in-state biogas for a broad range of purposes.

(E) Direct the electrical corporations to authorize a bioenergy
electric generation facility with a nameplate generating capacity
of up to five megawatts to participate in the tariff made available
pursuant to this paragraph, if it meets the following conditions:

(i) It delivers no more than three megawatts to the grid at any
time.

(ii) It complies with the electrical corporation’s Electric Rule
21 tariff or other distribution access tariff.

(iii) Payment is made pursuant to paragraph (1) of subdivision
(d) and no payment is made for any electricity delivered to the
grid in excess of three megawatts at any time.

(3) (A) The commission, in consultation with the State Energy
Resources Conservation and Development Commission, the State
Air Resources Board, the Department of Forestry and Fire
Protection, the Department of Food and Agriculture, and the
Department of Resources Recycling and Recovery, may review
the allocations of the 250 additional megawatts identified in
paragraph (2) to determine if those allocations are appropriate.

(B) If the commission finds that the allocations of the 250
additional megawatts identified in paragraph (2) are not
appropriate, the commission may reallocate the 250 megawatts
among the categories established in subparagraph (A) of paragraph
(2).

(4) (A) A project identified in clause (iii) of subparagraph (A)
of paragraph (2) is eligible, in regards to interconnection, for the
tariff established to implement paragraph (2) or to participate in
any program or auction established to implement paragraph (2),
if it meets at least one of the following requirements:

(i) The project is already interconnected.

(ii) The project has been found to be eligible for interconnection
pursuant to the fast track process under the relevant tariff.

(iii) A system impact study or other interconnection study has
been completed for the project under the relevant tariff, and there
was no determination in the study that, with the identified
interconnection upgrades, if any, a condition specified in paragraph
(2), (3), or (4) of subdivision (n) would exist. Such a project is not
required to have a pending, active interconnection application to
be eligible.

(B) For a project meeting the eligibility requirements pursuant
to clause (iii) of subparagraph (A) of this paragraph, both of the
following apply:

(i) The project is hereby deemed to be able to interconnect
within the required time limits for the purpose of determining
eligibility for the tariff.

(ii) The project shall submit a new application for
interconnection within 30 days of execution of a standard contract
pursuant to the tariff if it does not have a pending, active
interconnection application or a completed interconnection. For
those projects, the time to achieve commercial operation shall
begin to run from the date when the new system impact study or
other interconnection study is completed rather than from the date
of execution of the standard contract.

(5) For the purposes of this subdivision, “bioenergy” means
biogas and biomass.

(g) The electrical corporation may make the terms of the tariff
available to owners and operators of an electric generation facility
in the form of a standard contract subject to commission approval.

(h) Every kilowatthour of electricity purchased from an electric
generation facility shall count toward meeting the electrical
corporation’s renewables portfolio standard annual procurement
targets for purposes of paragraph (1) of subdivision (b) of Section
399.15.

(i) The physical generating capacity of an electric generation
facility shall count toward the electrical corporation’s resource
adequacy requirement for purposes of Section 380.

(j) (1) The commission shall establish performance standards
for any electric generation facility that has a capacity greater than
one megawatt to ensure that those facilities are constructed,
operated, and maintained to generate the expected annual net
production of electricity and do not impact system reliability.

(2) The commission may reduce the three megawatt capacity
limitation of paragraph (1) of subdivision (b) if the commission
finds that a reduced capacity limitation is necessary to maintain
system reliability within that electrical corporation’s service
territory.

(k) (1) Any owner or operator of an electric generation facility
that received ratepayer-funded incentives in accordance with
Section 379.6 of this code, or with Section 25782 of the Public
Resources Code, and participated in a net metering program
pursuant to Sections 2827, 2827.9, and 2827.10 of this code prior
to January 1, 2010, shall be eligible for a tariff or standard contract
filed by an electrical corporation pursuant to this section.

(2) In establishing the tariffs or standard contracts pursuant to
this section, the commission shall consider ratepayer-funded
incentive payments previously received by the generation facility
pursuant to Section 379.6 of this code or Section 25782 of the
Public Resources Code. The commission shall require
reimbursement of any funds received from these incentive
programs to an electric generation facility, in order for that facility
to be eligible for a tariff or standard contract filed by an electrical
corporation pursuant to this section, unless the commission
determines ratepayers have received sufficient value from the
incentives provided to the facility based on how long the project
has been in operation and the amount of renewable electricity
previously generated by the facility.

(3) A customer that receives service under a tariff or contract
approved by the commission pursuant to this section is not eligible
to participate in any net metering program.

(l) An owner or operator of an electric generation facility
electing to receive service under a tariff or contract approved by
the commission shall continue to receive service under the tariff
or contract until either of the following occurs:

(1) The owner or operator of an electric generation facility no
longer meets the eligibility requirements for receiving service
pursuant to the tariff or contract.

(2) The period of service established by the commission pursuant
to subdivision (d) is completed.

(m) Within 10 days of receipt of a request for a tariff pursuant
to this section from an owner or operator of an electric generation
facility, the electrical corporation that receives the request shall
post a copy of the request on its Internet Web site. The information
posted on the Internet Web site shall include the name of the city
in which the facility is located, but information that is proprietary
and confidential, including, but not limited to, address information
beyond the name of the city in which the facility is located, shall
be redacted.

(n) An electrical corporation may deny a tariff request pursuant
to this section if the electrical corporation makes any of the
following findings:

(1) The electric generation facility does not meet the
requirements of this section.

(2) The transmission or distribution grid that would serve as the
point of interconnection is inadequate.

(3) The electric generation facility does not meet all applicable
state and local laws and building standards and utility
interconnection requirements.

(4) The aggregate of all electric generating facilities on a
distribution circuit would adversely impact utility operation and
load restoration efforts of the distribution system.

(o) Upon receiving a notice of denial from an electrical
corporation, the owner or operator of the electric generation facility
denied a tariff pursuant to this section shall have the right to appeal
that decision to the commission.

(p) In order to ensure the safety and reliability of electric
generation facilities, the owner of an electric generation facility
receiving a tariff pursuant to this section shall provide an inspection
and maintenance report to the electrical corporation at least once
every other year. The inspection and maintenance report shall be
prepared at the owner’s or operator’s expense by a
California-licensed contractor who is not the owner or operator of
the electric generation facility. A California-licensed electrician
shall perform the inspection of the electrical portion of the
generation facility.

(q) The contract between the electric generation facility
receiving the tariff and the electrical corporation shall contain
provisions that ensure that construction of the electric generating
facility complies with all applicable state and local laws and
building standards, and utility interconnection requirements.

(r) (1) All construction and installation of facilities of the
electrical corporation, including at the point of the output meter
or at the transmission or distribution grid, shall be performed only
by that electrical corporation.

(2) All interconnection facilities installed on the electrical
corporation’s side of the transfer point for electricity between the
electrical corporation and the electrical conductors of the electric
generation facility shall be owned, operated, and maintained only
by the electrical corporation. The ownership, installation, operation,
reading, and testing of revenue metering equipment for electric
generating facilities shall only be performed by the electrical
corporation.

SEC. 10.  

The Legislature finds and declares all of the
following:

(a) California imports 91 percent of its natural gas, which is
responsible for 25 percent of the state’s emissions of greenhouse
gases.

(b) California made a commitment to address climate change
with the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health
and Safety Code) and the adoption of a comprehensive strategy to
reduce emissions of short-lived climate pollutants (Chapter 4.2
(commencing with Section 39730) of Part 2 of Division 26 of the
Health and Safety Code). For California to meet its goals for
reducing emissions of greenhouse gases and short-lived climate
pollutants, the state must reduce emissions from the natural gas
sector and increase the production and distribution of renewable
and low-carbon gas supplies.

(c) Biomethane is gas generated from organic waste through
anaerobic digestion, gasification, pyrolysis, or other conversion
technology that converts organic matter to gas. Biomethane may
be produced from multiple sources, including agricultural waste,
forest waste, landfill gas, wastewater treatment byproducts, and
diverted organic waste.

(d) Biomethane provides a sustainable and clean alternative to
natural gas. If 10 percent of California’s natural gas use were to
be replaced with biomethane use, emissions of greenhouse gases
would be reduced by tens of millions of metric tons of carbon
dioxide equivalent every year.

(e) Investing in biomethane would create cobenefits, including
flexible generation of electricity from a renewable source that is
available 24 hours a day, reduction of fossil fuel use, reduction of
air and water pollution, and new jobs.

(f) Biomethane can also be used as transportation fuel or injected
into natural gas pipelines for other uses. The most appropriate use
of biomethane varies depending on the source, proximity to existing
natural gas pipeline injection points or large vehicle fleets, and the
circumstances of existing facilities.

(g) The biomethane market has been slow to develop in
California because the collection, purification, and pipeline
injection of biomethane can be costly.

(h) Biomethane is poised to play a key role in future natural gas
and hydrogen fuel markets as a blendstock that can significantly
reduce the carbon footprint of these two fossil-based alternative
fuels.

(i) Biomethane is one of the most promising alternative vehicle
fuels because it generates the least net emissions of greenhouse
gases. According to the low-carbon fuel standard regulations
(Subarticle 7 (commencing with Section 95480) of Article 4 of
Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the
California Code of Regulations) adopted by the State Air Resources
Board, vehicles running on biomethane generate significantly
lower emissions of greenhouse gases than vehicles running on
electricity or fossil fuel-derived hydrogen.

(j) The California Council on Science and Technology was
established by California academic research institutions, including
the University of California, the University of Southern California,
the California Institute of Technology, Stanford University, and
the California State University, and was organized as a nonprofit
corporation pursuant to Section 501(c)(3) of the Internal Revenue
Code, in response to Assembly Concurrent Resolution No. 162
(Resolution Chapter 148 of the Statutes of 1988).

(k) The California Council on Science and Technology was
uniquely established at the request of the Legislature for the
specific purpose of offering expert advice to state government on
public policy issues significantly related to science and technology.

(l) It is in the public’s interests, and in the interest of ratepayers
of the state’s gas corporations, that the policies and programs
adopted by the Public Utilities Commission be guided by the best
science reasonably available.

SEC. 11.  

Section 784.1 is added to the Public Utilities Code,
to read:

784.1.  

(a) The Legislature requests that the California Council
on Science and Technology undertake and complete a study
analyzing the regional and gas corporation specific issues relating
to minimum heating value and maximum siloxane specifications
for biomethane before it can be injected into common carrier gas
pipelines, including those specifications adopted in Sections 4.4.3.3
and 4.4.4 of commission Decision 14-01-034 (January 16, 2014),
Decision Regarding the Biomethane Implementation Tasks in
Assembly Bill 1900. The study shall consider and evaluate other
states’ standards, the source of biomethane, the dilution of
biomethane after it is injected into the pipeline, the equipment and
technology upgrades required to meet the minimum heating value
specifications, including the impacts of those specifications on the
cost, volume of biomethane sold, equipment operation, and safety.
The study shall also consider whether different sources of biogas
should have different standards or if all sources should adhere to
one standard for the minimum heating value and maximum
permissible level of siloxanes. The study shall develop the best
science reasonably available and not merely be a literature review.
In order to meet the state’s goals for reducing emissions of
greenhouse gases and short-lived climate pollutants and the state’s
goals for promoting the use of renewable energy resources in place
of burning fossil fuels, the California Council on Science and
Technology, if it agrees to undertake and complete the study, shall
complete the study within nine months of entering into a contract
to undertake and complete the study.

(b) (1) If the California Council on Science and Technology
agrees to undertake and complete the study pursuant to subdivision
(a), the commission shall require each gas corporation operating
common carrier pipelines in California to proportionately
contribute to the expenses to undertake the study pursuant to
Sections 740 and 740.1. The commission may modify the monetary
incentives made available pursuant to commission Decision
15-06-029 (June 11, 2015), Decision Regarding the Costs of
Compliance with Decision 14-01-034 and Adoption of Biomethane
Promotion Policies and Program, to allocate some of the moneys
that would be made available for incentives to instead be made
available to pay for the costs of the study so as to not further burden
ratepayers with additional expense.

(2) The commission’s authority pursuant to paragraph (1) shall
apply notwithstanding whether the gas corporation has proposed
the program pursuant to Section 740.1.

(c) If the California Council on Science and Technology agrees
to undertake and complete the study pursuant to subdivision (a),
within six months of its completion, the commission shall
reevaluate its requirements and standards adopted pursuant to
Section 25421 of the Health and Safety Code relative to the
requirements and standards for biomethane to be injected into
common carrier pipelines and, if appropriate, change those
requirements and standards or adopt new requirements and
standards, giving due deference to the conclusions and
recommendations made in the study by the California Council on
Science and Technology.

SEC. 12.  

Section 2834 of the Public Utilities Code is repealed.

SEC. 13.  

(a) By March 31, 2017, the Public Utilities
Commission shall report to the relevant policy and fiscal
committees of the Legislature on its business process inventory
efforts. The report shall include documentation and measurement
of commission processes, including administrative and monitoring
processes shaped by law and judicial review, program performance
and communications pursuant to the commission’s rules and
procedures, and internal processes related to administration and
managing human resources.

(b) The report shall be submitted in compliance with Section
9795 of the Government Code.

(c) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on April 1, 2021.

SEC. 14.  

(a) By March 31, 2017, the Public Utilities
Commission shall report to the relevant policy and fiscal
committees of the Legislature on options to locate operations and
staff outside of the commission’s San Francisco headquarters. The
report shall explore options for leveraging additional facilities in
areas of the state, including Sacramento, that would allow the
commission to collaborate with other state entities and provide
staff more opportunities for training, career development, and
exchange placements with other state entities. The report shall do
both of the following:

(1) Consider categories of operations in different offices.

(2) Analyze recruitment and retention, salary disparities by
location based on duty statements, and costs associated with using
locations outside of San Francisco with no, or minimal, disruption
of current commission employees.

(b) The commission shall conduct one or more public workshops
to obtain suggestions, concerns, ideas, and comments from
stakeholders and interested members of the public in furtherance
of the purpose of the report.

(c) (1) The report shall be submitted in compliance with Section
9795 of the Government Code.

(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on April 1, 2021.

SEC. 15.  

Section 4.5 of this bill incorporates amendments to
Section 1546.1 of the Penal Code proposed by both this bill and
Assembly Bill 1924. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2017, (2) each bill amends Section 1546.1 of the Penal Code, and
(3) this bill is enacted after Assembly Bill 1924, in which case
Section 4 of this bill shall not become operative.

SEC. 16.  

Section 9.5 of this bill incorporates amendments to
Section 399.20 of the Public Utilities Code proposed by both this
bill and Assembly Bill 1923. It shall only become operative if (1)
both bills are enacted and become effective on or before January
1, 2017, (2) each bill amends Section 399.20 of the Public Utilities
Code, and (3) this bill is enacted after Assembly Bill 1923, in
which case Section 9 of this bill shall not become operative.

SEC. 17.  

The sum of two hundred seventy-five thousand dollars
($275,000) is hereby appropriated from the Appliance Efficiency
Enforcement Subaccount in the Energy Resources Programs
Account to the State Energy Resources Conservation and
Development Commission to support the Title 20 Appliance
Efficiency Standards Compliance Assistance and Enforcement
Program.

SEC. 18.  

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.

SEC. 19.  

This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.

end delete