Section 2843 Of Chapter 8. Energy Efficiency Systems From California Public Utilities Code >> Division 1. >> Part 2. >> Chapter 8.
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. (a) The Energy Commission shall, by January 1, 2010, adopt
guidelines that combined heat and power systems subject to this
chapter shall meet, and shall accomplish all of the following:
(1) Reduce waste energy.
(2) Be sized to meet the eligible customer-generator's thermal
load.
(3) Operate continuously in a manner that meets the expected
thermal load and optimizes the efficient use of waste heat.
(4) Are cost effective, technologically feasible, and
environmentally beneficial.
(b) It is the intent of the Legislature that the guidelines do not
permit customers to operate as de facto wholesale generators with
guaranteed purchasers for their electricity.
(c) Notwithstanding any other provisions of law, the guidelines
required by this section shall be exempt from the requirements of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code. The guidelines shall be adopted at
a publicly noticed meeting offering all interested parties an
opportunity to comment. At least 30 days' public notice shall be
given of the meeting required by this section, before the Energy
Commission initially adopts guidelines. Substantive changes to the
guidelines shall not be adopted without at least 10 days' written
notice to the public.
(d) Prior to January 1, 2010, the Energy Commission may adopt
temporary guidelines for combined heat and power systems that comply
with the parameters set forth in subdivision (a).
(e) (1) An eligible customer-generator's combined heat and power
system shall meet an oxides of nitrogen (NOx) emissions rate standard
of 0.07 pounds per megawatthour and a minimum efficiency of 60
percent. A minimum efficiency of 60 percent shall be measured as
useful energy output divided by fuel input. The efficiency
determination shall be based on 100-percent load.
(2) An eligible customer-generator's combined heat and power
system that meets the 60-percent efficiency standard may take a
credit to meet the applicable NOx emissions standard of 0.07 pounds
per megawatthour. Credit shall be at the rate of one megawatthour for
each 3.4 million British thermal units of heat recovered.
(f) An eligible customer-generator's combined heat and power
system shall comply with the greenhouse gases emission performance
standard established by the commission pursuant to Section 8341.
(g) An eligible customer-generator shall adequately maintain and
service the combined heat and power system so that during operation,
the system continues to meet or exceed the efficiency and emissions
standards established pursuant to subdivisions (a), (d), and (f).