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 services.
  (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 weatherization programs.

(a) Each local publicly owned electric utility shall ensure the following:
  (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 customer need.
  (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 following conditions:
  (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.