as amended, Committee on Budget and Fiscal Review.
begin deleteBudget Act of 2016. end delete
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2016.end delete
begin deleteno end delete.
Fiscal committee: begin deleteno end delete.
State-mandated local program: begin deleteno end delete.
The people of the State of California do enact as follows:
(a) By January 1, 2018, any new or replacement
4pipeline near environmentally and ecologically sensitive areas in
5the coastal zone shall use best available technology, including, but
6not limited to, the installation of leak detection technology,
7automatic shutoff systems, or remote controlled sectionalized block
8valves, or any combination of these technologies, based on a risk
9analysis conducted by the operator, to reduce the amount of oil
10released in an oil spill to protect state waters and wildlife.
11(b) (1) By July 1, 2018, an operator of an existing pipeline near
12environmentally and ecologically sensitive areas in the coastal
13zone shall submit a plan to retrofit, by January 1, 2020, existing
14pipelines near environmentally and ecologically sensitive areas in
15the coastal zone with the best available technology, including, but
16not limited to, installation of leak detection technologies, automatic
17shutoff systems, or remote controlled sectionalized block valves,
18or any combination of these technologies, based on a risk analysis
19conducted by the operator to reduce the amount of oil released in
20an oil spill to protect state waters and wildlife.
21(2) An operator may request confidential treatment of
22information submitted in the plan required by paragraph (1) or
23contained in any documents associated with the risk analysis
24described in this section, including, but not limited to, information
25regarding the proposed location of automatic shutoff valves or
26remote controlled sectionalized block valves.
27(c) The State Fire Marshal shall adopt regulations pursuant to
28this section by July 1, 2017. The regulations shall include, but not
29be limited to, all of the following:
P9 1(1) A definition of automatic shutoff systems.
2(2) A process to assess the adequacy of the operator’s risk
4(3) A process by which an operator may request confidential
5treatment of information submitted in the plan required by
6paragraph (1) of subdivision (b) or contained in any documents
7associated with the risk analysis described in this section.
8(4) A determination of how near to an environmentally and
9ecologically sensitive area a pipeline must be to be subject to the
10requirements of this section based on the likelihood of the pipeline
11impacting those areas.
12(d) An operator of a pipeline near environmentally and
13 ecologically sensitive areas in the coastal zone shall notify the
14Office of the State Fire Marshal of any new construction or retrofit
15of pipeline in these waters.
16(e) For purposes of implementing this section, the State Fire
17Marshal shall consult with the Office of Spill Prevention and
18Response about the potential impacts to state water and wildlife.
19(f) For purposes of this section, “environmentally and
20ecologically sensitive areas” is the same term as described in
21subdivision (d) of Section 8574.7.
22(g) (1) For purposes of this section, “best available technology”
23means technology that provides the greatest degree of protection
24by limiting the quantity of release in the event of a spill, taking
25into consideration whether the processes are currently in use and
26could be purchased anywhere in the world.
27(2) The State Fire Marshal shall determine what is the best
28available technology and shall consider the effectiveness and
29engineering feasibility of the technology when making this
(a) The Alternative and Renewable Fuel and Vehicle
16Technology Fund is hereby created in the State Treasury, to be
17administered by the commission. The moneys in the fund, upon
18appropriation by the Legislature, shall be expended by the
19commission to implement the Alternative and Renewable Fuel and
20Vehicle Technology Program in accordance with this chapter.
21(b) Notwithstanding any other provision of law, the sum of ten
22million dollars ($10,000,000) shall be transferred annually from
23the Public Interest Research, Development, and Demonstration
24Fund created by Section 384 of the Public Utilities Code to the
25Alternative and Renewable Fuel and Vehicle Technology Fund.
26Prior to the award of any funds from this source, the commission
27 shall make a determination that the proposed project will provide
28benefits to electric or natural gas ratepayers based upon the
29commission’s adopted criteria.
31 Beginning with the integrated energy policy report adopted
32in 2011, and in the subsequent reports adopted thereafter, pursuant
33to Section 25302 of the Public Resources Code, the commission
34shall include an evaluation of research, development, and
35deployment efforts funded by this chapter. The evaluation shall
36include all of the following:
37(1) A list of projects funded by the Alternative and Renewable
38Fuel and Vehicle Technology Fund.
expected benefits of the projects in terms of air quality,
40petroleum use reduction, greenhouse gas emissions reduction,
P11 1technology advancement, benefit-cost assessment, and progress
2towards achieving these benefits.
3(3) The overall contribution of the funded projects toward
4promoting a transition to a diverse portfolio of clean, alternative
5transportation fuels and reduced petroleum dependency in
7(4) Key obstacles and challenges to meeting these goals
8identified through funded projects.
9(5) Recommendations for future actions.
(a) Except as provided in this section, a government
12entity shall not do any of the following:
13(1) Compel the production of or access to electronic
14communication information from a service provider.
15(2) Compel the production of or access to electronic device
16information from any person or entity other than the authorized
17possessor of the device.
18(3) Access electronic device information by means of physical
19interaction or electronic communication with the electronic device.
20This section does not prohibit the intended recipient of an electronic
21communication from voluntarily disclosing electronic
22communication information concerning that communication to a
24(b) A government entity may compel the production of or access
25to electronic communication information from a service provider,
26or compel the production of or access to electronic device
27information from any person or entity other than the authorized
28possessor of the device only under the following circumstances:
29(1) Pursuant to a warrant issued pursuant to Chapter 3
30(commencing with Section 1523) and subject to subdivision (d).
31(2) Pursuant to a wiretap order issued pursuant to Chapter 1.4
32(commencing with Section 629.50) of Title 15 of Part 1.
33(3) Pursuant to an order for electronic reader records issued
34pursuant to Section 1798.90 of the Civil Code.
35(4) Pursuant to a subpoena issued pursuant to existing state law,
36provided that the information is not sought for the purpose of
37investigating or prosecuting a criminal offense, and compelling
38the production of or access to the information via the subpoena is
39not otherwise prohibited by state or federal law. Nothing in this
P12 1paragraph shall be construed to expand any authority under state
2law to compel the production of or access to electronic information.
3(c) A government entity may access electronic device
4information by means of physical interaction or electronic
5communication with the device only as follows:
6(1) Pursuant to a warrant issued pursuant to Chapter 3
7(commencing with Section 1523) and subject to subdivision (d).
8(2) Pursuant to a wiretap order issued pursuant to Chapter 1.4
9(commencing with Section 629.50) of Title 15 of Part 1.
10(3) With the specific consent of the authorized possessor of the
12(4) With the specific consent of the owner of the device, only
13when the device has been reported as lost or stolen.
14(5) If the government entity, in good faith, believes that an
15emergency involving danger of death or serious physical injury to
16any person requires access to the electronic device information.
17(6) If the government entity, in good faith, believes the device
18to be lost, stolen, or abandoned, provided that the entity shall only
19access electronic device information in order to attempt to identify,
20verify, or contact the owner or authorized possessor of the device.
21(7) Except where prohibited by state or federal law, if the device
22is seized from an inmate’s possession or found in an area of a
23correctional facility under the jurisdiction of the Department of
24Corrections and Rehabilitation where inmates have access and the
25device is not in the possession of an individual and the device is
26not known or believed to be the possession of an authorized visitor.
27Nothing in this paragraph shall be construed to supersede or
28override Section 4576.
29(d) Any warrant for electronic information shall comply with
31(1) The warrant shall describe with particularity the information
32to be seized by specifying the time periods covered and, as
33appropriate and reasonable, the target individuals or accounts, the
34applications or services covered, and the types of information
36(2) The warrant shall require that any information obtained
37through the execution of the warrant that is unrelated to the
38objective of the warrant shall be sealed and not subject to further
39review, use, or disclosure without a court order. A court shall issue
40such an order upon a finding that there is probable cause to believe
P13 1that the information is relevant to an active investigation, or review,
2use, or disclosure is required by state or federal law.
3(3) The warrant shall comply with all other provisions of
4California and federal law, including any provisions prohibiting,
5limiting, or imposing additional requirements on the use of search
6warrants. If directed to a service provider, the warrant shall be
7accompanied by an order requiring the service provider to verify
8the authenticity of electronic information that it produces by
9providing an affidavit that complies with the requirements set forth
10in Section 1561 of the Evidence Code. Admission of that
11information into evidence shall be subject to Section 1562 of the
13(e) When issuing any warrant or order for electronic information,
14or upon the petition from the target or recipient of the warrant or
15order, a court may, at its discretion, do any or all of the following:
16(1) Appoint a special master, as described in subdivision (d) of
17Section 1524, charged with ensuring that only information
18necessary to achieve the objective of the warrant or order is
19produced or accessed.
20(2) Require that any information obtained through the execution
21of the warrant or order that is unrelated to the objective of the
22warrant be destroyed as soon as feasible after the termination of
23the current investigation and any related investigations or
25(f) A service provider may voluntarily disclose electronic
26communication information or subscriber information when that
27disclosure is not otherwise prohibited by state or federal law.
28(g) If a government entity receives electronic communication
29information voluntarily provided pursuant to subdivision (f), it
30shall destroy that information within 90 days unless one or more
31of the following circumstances apply:
32(1) The entity has or obtains the specific consent of the sender
33or recipient of the electronic communications about which
34information was disclosed.
35(2) The entity obtains a court order authorizing the retention of
36the information. A court shall issue a retention order upon a finding
37that the conditions justifying the initial voluntary disclosure persist,
38in which case the court shall authorize the retention of the
39information only for so long as those conditions persist, or there
P14 1is probable cause to believe that the information constitutes
2evidence that a crime has been committed.
3(3) The entity reasonably believes that the information relates
4to child pornography and the information is retained as part of a
5multiagency database used in the investigation of child
6pornography and related crimes.
7(h) If a government entity obtains electronic information
8pursuant to an emergency involving danger of death or serious
9physical injury to a person, that requires access to the electronic
10information without delay, the entity shall, within three days after
11obtaining the electronic information, file with the appropriate court
12an application for a warrant or order authorizing obtaining the
13electronic information or a motion seeking approval of the
14emergency disclosures that shall set forth the facts giving rise to
15the emergency, and if applicable, a request supported by a sworn
16affidavit for an order delaying notification under paragraph (1) of
17subdivision (b) of Section 1546.2. The court shall promptly rule
18on the application or motion and shall order the immediate
19destruction of all information obtained, and immediate notification
20pursuant to subdivision (a) of Section 1546.2 if such notice has
21not already been given, upon a finding that the facts did not give
22rise to an emergency or upon rejecting the warrant or order
23application on any other ground.
24(i) This section does not limit the authority of a government
25entity to use an administrative, grand jury, trial, or civil discovery
26subpoena to do any of the following:
27(1) Require an originator, addressee, or intended recipient of
28an electronic communication to disclose any electronic
29communication information associated with that communication.
30(2) Require an entity that provides electronic communications
31services to its officers, directors, employees, or agents for the
32purpose of carrying out their duties, to disclose electronic
33communication information associated with an electronic
34communication to or from an officer, director, employee, or agent
35of the entity.
36(3) Require a service provider to provide subscriber information.
(a) The proceeds of charges levied, assessed, and
6collected pursuant to this article upon the properties of every person
7operating or owning an interest in the production of a well shall
8be used exclusively for the support and maintenance of the
9department charged with the supervision of oil and gas
begin delete operations for the State Water Resources Control Board and
11the regional water quality control boards for their activities related
12to oil and gas operations that may affect water
begin delete resources.end delete
17(b) Notwithstanding subdivision (a), the proceeds of charges
18levied, assessed, and collected pursuant to this article upon the
19properties of every person operating or owning an interest in the
20production of a well undergoing a well stimulation treatment, may
21be used by public entities, subject to appropriation by the
22Legislature, for all costs associated with both of the following:
23(1) Well stimulation treatments, including rulemaking and
24scientific studies required to evaluate the treatment, inspections,
25any air and water quality sampling, monitoring, and testing
26performed by public entities.
27(2) The costs of the State Water Resources Control Board and
28the regional water quality control boards in carrying out their
29responsibilities pursuant to Section 3160 and Section 10783 of the
(a) The Renewable Resource Trust Fund is hereby
34created in the State Treasury.
35(b) The Emerging Renewable Resources Account is hereby
36established within the Renewable Resources Trust Fund.
37Notwithstanding Section 13340 of the Government Code, the
38moneys in the account are hereby continuously appropriated to
39the commission without regard to fiscal years for the following
P16 1(1) To close out the award of incentives for emerging
2technologies in accordance with former Section 25744, as this law
3existed prior to the enactment of the Budget Act of 2012, for which
4applications had been approved before the enactment of the Budget
5Act of 2012.
6(2) To close out consumer education activities in accordance
7with former Section 25746, as this law existed prior to the
8enactment of the Budget Act of 2012.
9(3) To provide funding for the New Solar Homes Partnership
10pursuant to paragraph (3) of subdivision (e) of Section 2851 of the
11Public Utilities Code.
12(c) The Controller shall provide to the commission funds
13pursuant to the continuous appropriation in, and for purposes
14specified in, subdivision (b).
15(d) The Controller shall provide to the commission moneys
16from the fund sufficient to satisfy all contract and grant awards
17that were made by the commission pursuant to former Sections
1825744 and 25746, and Chapter 8.8 (commencing with Section
1925780), as these laws existed prior to the enactment of the Budget
20 Act of 2012.
(a) Notwithstanding any other provision of law,
begin delete anyend delete
32 state agency may enter into an energy savings contract with a
33qualified energy service company for the purchase or exchange of
34thermal or electrical energy or water, or to acquire energy
begin delete and/orend delete water conservation begin delete services,end delete for a term not
37exceeding 35 years, at
begin delete thoseend delete rates and upon those terms begin delete that areend delete
38 approved by the agency.
39(b) The Department of General Services or any other state or
40local agency intending to enter into an energy savings contract may establish a pool of
2qualified energy service companies based on qualifications,
begin delete pricingend delete
or other pertinent factors. Energy
4service contracts for individual projects undertaken by any state
5or local agency may be awarded through a competitive selection
6process to individuals or firms identified in
begin delete such aend delete pool. The
7pool of qualified energy service companies and contractors shall
8be reestablished at least every two years or shall expire.
9(c) For purposes of this section, the following definitions apply:
19 “Energy savings” means a
measured and verified reduction
begin delete energyend delete or water consumption when compared to
21an established baseline of consumption.
23 “Qualified energy service company” means a company with
24a demonstrated ability to provide or arrange for building or facility
25energy auditors, selection and design of appropriate energy savings
26measures, project financing, implementation of these measures,
27and maintenance and ongoing measurement of these measures as
28to ensure and verify energy savings.
(a) It is the policy of this state and the intent of the
15Legislature to encourage electrical generation from eligible
16renewable energy resources.
17(b) As used in this section, “electric generation facility” means
18an electric generation facility located within the service territory
19of, and developed to sell electricity to, an electrical corporation
20that meets all of the following criteria:
21(1) Has an effective capacity of not more than three megawatts.
22(2) Is interconnected and operates in parallel with the electrical
23transmission and distribution grid.
strategically located and interconnected to the electrical
25transmission and distribution grid in a manner that optimizes the
26deliverability of electricity generated at the facility to load centers.
27(4) Is an eligible renewable energy resource.
28(c) Every electrical corporation shall file with the commission
29a standard tariff for electricity purchased from an electric
30generation facility. The commission may modify or adjust the
31requirements of this section for any electrical corporation with less
32than 100,000 service connections, as individual circumstances
34(d) (1) The tariff shall provide for payment for every
35kilowatthour of electricity purchased from an electric generation
36facility for a period of 10, 15, or 20 years, as authorized by the
37commission. The payment shall be the market price determined
38by the commission pursuant to paragraph (2) and shall include all
39current and anticipated environmental compliance costs, including,
40but not limited to, mitigation of emissions of greenhouse gases
P22 1and air pollution offsets associated with the operation of new
2generating facilities in the local air pollution control or air quality
3management district where the electric generation facility is
5(2) The commission shall establish a methodology to determine
6the market price of electricity for terms corresponding to the length
7of contracts with an electric generation facility, in consideration
8of the following:
9(A) The long-term market price of electricity for fixed price
10contracts, determined pursuant to an electrical corporation’s general
11procurement activities as authorized by the commission.
long-term ownership, operating, and fixed-price fuel
13costs associated with fixed-price electricity from new generating
15(C) The value of different electricity products including
16baseload, peaking, and as-available electricity.
17(3) The commission may adjust the payment rate to reflect the
18value of every kilowatthour of electricity generated on a
20(4) The commission shall ensure, with respect to rates and
21charges, that ratepayers that do not receive service pursuant to the
22tariff are indifferent to whether a ratepayer with an electric
23generation facility receives service pursuant to the tariff.
24(e) An electrical corporation shall provide expedited
25interconnection procedures to an electric generation facility located
26on a distribution circuit that generates electricity at a time and in
27a manner so as to offset the peak demand on the distribution circuit,
28if the electrical corporation determines that the electric generation
29facility will not adversely affect the distribution grid. The
30commission shall consider and may establish a value for an electric
31generation facility located on a distribution circuit that generates
32electricity at a time and in a manner so as to offset the peak demand
33on the distribution circuit.
34(f) (1) An electrical corporation shall make the tariff available
35to the owner or operator of an electric generation facility within
36the service territory of the electrical corporation, upon request, on
37a first-come-first-served basis, until the electrical corporation meets
38its proportionate share of a statewide cap of 750 megawatts
39cumulative rated generation capacity served under this section and
40Section 387.6. The proportionate share shall be calculated based
P23 1on the ratio of the electrical corporation’s peak demand compared
2to the total statewide peak demand.
3(2) By June 1, 2013, the commission shall, in addition to the
4750 megawatts identified in paragraph (1), direct the electrical
5corporations to collectively procure at least 250 megawatts of
6cumulative rated generating capacity from developers of bioenergy
7projects that commence operation on or after June 1, 2013. The
8commission shall, for each electrical corporation, allocate shares
9of the additional 250 megawatts based on the ratio of each electrical
10corporation’s peak demand compared to the total statewide peak
11demand. In implementing this paragraph, the commission shall do
12all of the following:
13(A) Allocate the 250 megawatts identified in this paragraph
14among the electrical corporations based on the following
16(i) For biogas from wastewater treatment, municipal organic
17waste diversion, food processing, and codigestion, 110 megawatts.
18(ii) For dairy and other agricultural bioenergy, 90 megawatts.
19(iii) For bioenergy using byproducts of sustainable forest
20management, 50 megawatts. Allocations under this category shall
21be determined based on the proportion of bioenergy that sustainable
22forest management providers derive from sustainable forest
23management in fire threat treatment areas, as designated by the
24Department of Forestry and Fire Protection.
25(B) Direct the electrical corporations to develop standard
26contract terms and conditions that reflect the operational
27characteristics of the projects, and to provide a streamlined
29(C) Coordinate, to the maximum extent feasible, any incentive
30or subsidy programs for bioenergy with the agencies listed in
31subparagraph (A) of paragraph (3) in order to provide maximum
32benefits to ratepayers and to ensure that incentives are used to
33reduce contract prices.
34(D) The commission shall encourage gas and electrical
35corporations to develop and offer programs and services to facilitate
36development of in-state biogas for a broad range of purposes.
37(3) (A) The commission, in consultation with the State Energy
38Resources Conservation and Development Commission, the State
39Air Resources Board, the Department of Forestry and Fire
40Protection, the Department of Food and Agriculture, and the
P24 1Department of Resources Recycling and Recovery, may review
2the allocations of the 250 additional megawatts identified in
3paragraph (2) to determine if those allocations are appropriate.
4(B) If the commission finds that the allocations of the 250
5additional megawatts identified in paragraph (2) are not
6appropriate, the commission may reallocate the 250 megawatts
7among the categories established in subparagraph (A) of paragraph
39 For the purposes of this subdivision, “bioenergy” means
40biogas and biomass.
P25 1(g) The electrical corporation may make the terms of the tariff
2available to owners and operators of an electric generation facility
3in the form of a standard contract subject to commission approval.
4(h) Every kilowatthour of electricity purchased from an electric
5generation facility shall count toward meeting the electrical
6corporation’s renewables portfolio standard annual procurement
7targets for purposes of paragraph (1) of subdivision (b) of Section
9(i) The physical generating capacity of an electric generation
10facility shall count toward the electrical corporation’s resource
11adequacy requirement for purposes of Section 380.
12(j) (1) The commission shall establish performance standards
13for any electric generation facility that has a capacity greater than
14one megawatt to ensure that those facilities are constructed,
15operated, and maintained to generate the expected annual net
16production of electricity and do not impact system reliability.
17(2) The commission may reduce the three megawatt capacity
18limitation of paragraph (1) of subdivision (b) if the commission
19finds that a reduced capacity limitation is necessary to maintain
20system reliability within that electrical corporation’s service
22(k) (1) Any owner or operator of an electric generation facility
23that received ratepayer-funded incentives in accordance with
24Section 379.6 of this code, or with Section 25782 of the Public
25Resources Code, and participated in a net metering program
26pursuant to Sections 2827, 2827.9, and 2827.10 of this code prior
27to January 1, 2010, shall be eligible for a tariff or standard contract
28filed by an electrical corporation pursuant to this section.
29(2) In establishing the tariffs or standard contracts pursuant to
30this section, the commission shall consider ratepayer-funded
31incentive payments previously received by the generation facility
32pursuant to Section 379.6 of this code or Section 25782 of the
33Public Resources Code. The commission shall require
34reimbursement of any funds received from these incentive
35programs to an electric generation facility, in order for that facility
36to be eligible for a tariff or standard contract filed by an electrical
37corporation pursuant to this section, unless the commission
38determines ratepayers have received sufficient value from the
39incentives provided to the facility based on how long the project
P26 1has been in operation and the amount of renewable electricity
2previously generated by the facility.
3(3) A customer that receives service under a tariff or contract
4approved by the commission pursuant to this section is not eligible
5to participate in any net metering program.
6(l) An owner or operator of an electric generation facility
7electing to receive service under a tariff or contract approved by
8the commission shall continue to receive service under the tariff
9or contract until either of the following occurs:
10(1) The owner or operator of an electric generation facility no
11longer meets the eligibility requirements for receiving service
12pursuant to the tariff or contract.
13(2) The period of service established by the commission pursuant
14to subdivision (d) is completed.
15(m) Within 10 days of receipt of a request for a tariff pursuant
16to this section from an owner or operator of an electric generation
17facility, the electrical corporation that receives the request shall
18post a copy of the request on its Internet Web site. The information
19posted on the Internet Web site shall include the name of the city
20in which the facility is located, but information that is proprietary
21and confidential, including, but not limited to, address information
22beyond the name of the city in which the facility is located, shall
24(n) An electrical corporation may deny a tariff request pursuant
25to this section if the electrical corporation makes any of the
27(1) The electric generation facility does not meet the
28requirements of this section.
29(2) The transmission or
distribution grid that would serve as the
30point of interconnection is inadequate.
31(3) The electric generation facility does not meet all applicable
32state and local laws and building standards and utility
34(4) The aggregate of all electric generating facilities on a
35distribution circuit would adversely impact utility operation and
36load restoration efforts of the distribution system.
37(o) Upon receiving a notice of denial from an electrical
38corporation, the owner or operator of the electric generation facility
39denied a tariff pursuant to this section shall have the right to appeal
40that decision to the commission.
P27 1(p) In order to ensure the safety and reliability of electric
2generation facilities, the owner of an electric generation facility
3receiving a tariff pursuant to this section shall provide an inspection
4and maintenance report to the electrical corporation at least once
5every other year. The inspection and maintenance report shall be
6prepared at the owner’s or operator’s expense by a
7California-licensed contractor who is not the owner or operator of
8the electric generation facility. A California-licensed electrician
9shall perform the inspection of the electrical portion of the
11(q) The contract between the electric generation facility
12receiving the tariff and the electrical corporation shall contain
13provisions that ensure that construction of the electric generating
14facility complies with all applicable state and local laws and
15building standards, and utility interconnection requirements.
16(r) (1) All construction and installation of facilities of
17electrical corporation, including at the point of the output meter
18or at the transmission or distribution grid, shall be performed only
19by that electrical corporation.
20(2) All interconnection facilities installed on the electrical
21corporation’s side of the transfer point for electricity between the
22electrical corporation and the electrical conductors of the electric
23generation facility shall be owned, operated, and maintained only
24by the electrical corporation. The ownership, installation, operation,
25reading, and testing of revenue metering equipment for electric
26generating facilities shall only be performed by the electrical
This chapter shall remain in effect only until January 1,
332019, and as of that date is repealed, unless a later enacted statute,
34that is enacted before January 1, 2019, deletes or extends that date.
It is the intent of the Legislature to enact statutory
13changes, relating to the Budget Act of 2016.