Section 379.8 Of Article 6. Requirements For The Public Utilities Commission From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 2.3. >> Article 6.
379.8
. (a) As used in this section, "advanced electrical
distributed generation technology" means any electrical distributed
generation technology that generates useful electricity and meets all
of the following conditions:
(1) The emissions standards adopted by the State Air Resources
Board pursuant to the distributed generation certification program
requirements of Article 3 (commencing with Section 94200) of
Subchapter 8 of Chapter 1 of Division 3 of Title 17 of the California
Code of Regulations.
(2) Produces de minimis emissions of sulfur oxides and nitrogen
oxides.
(3) Meets the greenhouse gases emission performance standard
established by the commission pursuant to Section 8341.
(4) Has a total electrical efficiency of not less than 45 percent.
If legislation is enacted that increases the 42.5 percent efficiency
described in subdivision (b) of Section 216.6 above 45 percent, the
commission may adjust the electrical efficiency standard described in
this paragraph to ensure that this electrical efficiency standard
meets or exceeds the standard enacted for the purposes of subdivision
(b) of Section 216.6.
(5) Is sized to meet the generator's onsite electrical demand.
(6) Has parallel operation to the electrical distribution grid.
(7) Utilizes renewable or nonrenewable fuel.
(b) (1) An advanced electrical distributed generation technology
shall qualify for the rate established by the commission pursuant to
Section 454.4.
(2) The limitation in subdivision (b) of Section 6352 upon the
assessment of surcharges for gas used to generate electricity by a
nonutility facility applies to an advanced electrical distributed
generation technology.
(3) The limitation in Section 2773.5 upon imposing alternative
fuel capability requirements upon gas customers that use gas for
purposes of cogeneration applies to an advanced electrical
distributed generation technology.
(c) The commission or State Air Resources Board may, in
furtherance of the state's goals for achieving cost-effective
reductions in emissions of greenhouse gases, meeting resource
adequacy requirements, or meeting the renewables portfolio standard,
treat advanced electrical distributed generation technology as
cogeneration.
(d) Subdivisions (b) and (c) do not apply to an advanced
electrical distributed generation technology that is first
operational at a site on and after January 1, 2016.