Article 8. Publicly Owned Utilities of California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 2.3. >> Article 8.
(a) Each local publicly owned electric utility shall establish
a nonbypassable, usage based charge on local distribution service of
not less than the lowest expenditure level of the three largest
electrical corporations in California on a percent of revenue basis,
calculated from each utility's total revenue requirement for the year
ended December 31, 1994, and each utility's total annual expenditure
under paragraphs (1), (2), and (3) of subdivision (c) of Section 381
and Section 382, to fund investments by the utility and other
parties in any or all of the following:
(1) Cost-effective demand-side management services to promote
energy efficiency and energy conservation.
(2) New investment in renewable energy resources and technologies
consistent with existing statutes and regulations which promote those
resources and technologies.
(3) Research, development and demonstration programs for the
public interest to advance science or technology which is not
adequately provided by competitive and regulated markets.
(4) Services provided for low-income electricity customers,
including, but not limited to, energy efficiency services, education,
weatherization, and rate discounts.
(b) Each local publicly owned electric utility that has not
implemented programs for low-income electricity customers including
targeted energy efficiency services and rate discounts based upon the
income level of the customer, or completed an assessment of need for
those programs, on or before December 31, 2000, shall perform a
needs assessment for the programs described in paragraph (4) of
subdivision (a) and shall hold one or more public meetings, after
notice, to review the findings of the needs assessment. Following the
public meetings, the governing body of the local publicly owned
electric utility shall determine the amount of the total funds
collected pursuant to this section to be allocated to low-income
programs, including, but not limited to, targeted energy efficiency
services, education, weatherization, and rate discounts. In making
its decision on the need for the programs, the governing body shall
consider all of the following:
(1) The number and income level of low-income customers that
reside in the service area of the utility.
(2) The availability of home weatherization services to low-income
customers pursuant to Section 2790.
(3) The availability of in-home energy efficiency education in the
utility's service area.
(4) Other factors that may indicate a need for low-income
(c) Following a determination pursuant to subdivision (b) that
low-income services are needed, the local publicly owned utility
shall promptly implement or expand those programs. The local publicly
owned electric utility shall work with existing weatherization
providers to implement energy efficiency, education, and
(a) Each local publicly owned electric utility shall ensure
(1) Low-income families within the utility's service territory
have access to affordable electricity.
(2) The current level of assistance reflects the level of need.
(3) Low-income families are afforded no-cost and low-cost energy
efficiency measures that reduce energy consumption.
(b) The local publicly owned electric utility shall consider
increasing the level of the discount or raising the eligibility level
for any existing rate assistance program to be reflective of
(c) A publicly owned electric utility shall streamline enrollment
for low-income programs by collaborating with existing providers for
the Low-Income Home Energy Assistance Program (LIHEAP) and other
electric or gas providers within the same service territory.
(d) A local publicly owned electric utility shall establish
participation goals for its rate assistance program participation.
Notwithstanding paragraphs (2) and (5) of subdivision (d) of
Section 387.5, a local publicly owned electric utility may adopt,
implement, and finance a solar initiative program otherwise in
accordance with that section, using monetary incentives authorized by
subdivision (b) of Section 387.5, to residential and business
consumers where consumers offset part or all of their electricity
demand with electricity generated by a solar energy system not
located on the premises of the consumer, if all of the following
requirements are met:
(a) The solar energy system meets all of the following conditions:
(1) It is located within the service territory of the local
publicly owned electric utility.
(2) It has a capacity of no more than five megawatts.
(3) It is interconnected to the local publicly owned electric
utility's system at the distribution level.
(b) The local publicly owned electric utility meets all of the
(1) It provides monetary incentives authorized by Section 387.5
for not more than the first megawatt of generating capacity of each
solar energy system.
(2) It has contracted to purchase the total electricity produced
by the solar energy system or owns the solar energy system.
(3) It provides no greater incentive per watt for the solar energy
system than provided for by systems that participate in the
applicable solar initiative program established under Section 387.5.
(4) It has received approval for the solar energy system from its
governing board at a publicly noticed and held meeting.
(c) The total megawatt capacity of solar energy systems eligible
for a local publicly owned electric utility program under this
section is both of the following:
(1) Not more than the total megawatt capacity of the combined
residential and commercial solar energy systems installed in the
service area of the local publicly owned electric utility after July
1, 2010, that participate in the applicable solar initiative programs
established under Section 387.5.
(2) Not more than 20 percent of the proportionate amount for the
local publicly owned electric utility of the overall 3,000 megawatt
state goal set forth in Section 387.5, based on the percentage of the
total statewide load served by that entity.