25200. There is in the Resources Agency the State Energy Resources
Conservation and Development Commission, consisting of five members
appointed by the Governor subject to Section 25204.
25201. One member of the commission shall have a background in the
field of engineering or physical science and have knowledge of energy
supply or conversion systems; one member shall be an attorney and a
member of the State Bar of California with administrative law
experience; one member shall have background and experience in the
field of environmental protection or the study of ecosystems; one
member shall be an economist with background and experience in the
field of natural resource management; and one member shall be from
the public at large.
25202. The Secretary of the Resources Agency and the President of
the Public Utilities Commission shall be ex officio, nonvoting
members of the commission, whose presence shall not be counted for a
quorum or for vote requirements.
25203. Each member of the commission shall represent the state at
large and not any particular area thereof, and shall serve on a
full-time basis.
25204. The Governor shall appoint the members of the commission
within 30 days after the effective date of this division. Every
appointment made by the Governor to the commission shall be subject
to the advice and consent of a majority of the members elected to the
Senate.
25205. (a) No person shall be a member of the commission who,
during the two years prior to appointment on the commission, received
any substantial portion of his or her income directly or indirectly
from any electric utility, or who engages in sale or manufacture of
any major component of any facility. A member of the commission shall
not be employed by any electric utility, applicant, or, within two
years after he or she ceases to be a member of the commission, by any
person who engages in the sale or manufacture of any major component
of any facility.
(b) Except as provided in Section 25202, the members of the
commission shall not hold any other elected or appointed public
office or position.
(c) The members of the commission and all employees of the
commission shall comply with all applicable provisions of Section
19251 of the Government Code.
(d) A person who is a member or employee of the commission shall
not participate personally and substantially as a member or employee
of the commission, through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise,
in a judicial or other proceeding, hearing, application, request for
a ruling, or other determination, contract, claim, controversy,
study, plan, or other particular matter in which, to his or her
knowledge, he or she, his or her spouse, minor child, or partner, or
any organization, except a governmental agency or educational or
research institution qualifying as a nonprofit organization under
state or federal income tax law, in which he or she is serving, or
has served as officer, director, trustee, partner, or employee while
serving as a member or employee of the commission or within two years
prior to his or her appointment as a member of the commission, has a
direct or indirect financial interest.
(e) A person who is a partner, employer, or employee of a member
or employee of the commission shall not act as an attorney, agent, or
employee for any person other than the state in connection with any
judicial or other proceeding, hearing, application, request for a
ruling, or other determination, contract, claim, controversy, study,
plan, or other particular matter in which the commission is a party
or has a direct and substantial interest.
(f) The provisions of this section shall not apply if the Attorney
General finds that the interest of the member or employee of the
commission is not so substantial as to be deemed likely to affect the
integrity of the services which the state may expect from the member
or employee.
(g) Any person who violates any provision of this section is
guilty of a felony and shall be subject to a fine of not more than
ten thousand dollars ($10,000) or imprisonment in the state prison,
or both.
(h) The amendment of subdivision (d) of this section enacted by
the 1975-76 Regular Session of the Legislature does not constitute a
change in, but is declaratory of, existing law.
25206. The terms of office of the members of the commission shall
be for five years, except that the members first appointed to the
commission shall classify themselves by lot so that the term of
office of one member shall expire at the end of each one of the five
years following the effective date of this division. Any vacancy
shall be filled by the Governor within 30 days of the date on which a
vacancy occurs for the unexpired portion of the term in which it
occurs or for any new term of office.
If the Governor fails to make an appointment for any vacancy
within such 30-day period, the Senate Rules Committee may make the
appointment to fill the vacancy for the unexpired portion of the term
in which the vacancy occurred or for any new term of office, subject
to the provisions of Section 25204.
25207. The members of the commission shall receive the salary
provided for by Chapter 6 (commencing with Section 11550) of Part 1
of Division 3 of Title 2 of the Government Code.
Each member of the commission shall receive the necessary
traveling and other expenses incurred in the performance of his
official duties. When necessary, the members of the commission and
its employees may travel within or without the state.
25209. Each member of the commission shall have one vote. Except as
provided in Section 25211, the affirmative votes of at least three
members shall be required for the transaction of any business of the
commission.
25210. The commission may hold any hearings and conduct any
investigations in any part of the state necessary to carry out its
powers and duties prescribed by this division and, for those
purposes, has the same powers as are conferred upon heads of
departments of the state by Article 2 (commencing with Section 11180)
of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government
Code.
25211. The commission may appoint a committee of not less than two
members of the commission to carry on investigations, inquiries, or
hearings which the commission has power to undertake or to hold. At
least one member of the committee shall attend all public hearings or
other proceedings held pursuant to Chapter 6 (commencing with
Section 25500), and all public hearings in biennial report
proceedings and rulemaking proceedings, except that, upon agreement
of all parties to a proceeding who are present at the hearing or
proceeding, the committee may authorize a hearing officer to continue
to take evidence in the temporary absence of a commission member.
Every order made by the committee pursuant to the inquiry,
investigation, or hearing, when approved or confirmed by the
commission and ordered filed in its office, shall be the order of the
commission.
25212. Every two years the Governor shall designate a chair and
vice chair of the commission from among its members.
25213. (a) The commission shall adopt rules and regulations, as
necessary, to carry out the provisions of this division in conformity
with the provisions of Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code. The
commission shall make available to a person upon request copies of
proposed regulations, together with summaries of reasons supporting
their adoption.
(b) (1) Notwithstanding any other law, the television product
labeling regulations adopted by the commission shall not take effect,
and the commission shall not enforce those regulations, before July
1, 2011.
(2) On and after July 1, 2011, the television product labeling
regulations shall be effective if a Federal Trade Commission labeling
rule for television products is not effective on or before July 1,
2011, and shall remain in effect until a Federal Trade Commission
final labeling rule is effective for television products.
25214. The commission shall maintain its headquarters in the County
of Sacramento and may establish branch offices in such parts of the
state as the commission deems necessary. The commission shall hold
meetings at such times and at such places as shall be determined by
it. All meetings and hearings of the commission shall be open to the
public, and opportunity to be heard with respect to the subject of
the hearings shall be afforded to any person. Upon request, an
interested party may be granted reasonable opportunity to examine any
witness testifying at the hearing. The first meeting of the
commission shall be held within 30 days after the confirmation of the
last member of the commission pursuant to Section 25204. The
Governor shall designate the time and place for the first meeting of
the commission.
25215. Any member of the commission may be removed from office by
the Legislature, by concurrent resolution adopted by a majority vote
of all members elected to each house, for dereliction of duty or
corruption or incompetency.
25216. In addition to other duties specified in this division, the
commission shall do all of the following:
(a) Undertake a continuing assessment of trends in the consumption
of electrical energy and other forms of energy and analyze the
social, economic, and environmental consequences of these trends;
carry out directly, or cause to be carried out, energy conservation
measures specified in Chapter 5 (commencing with Section 25400) of
this division; and recommend to the Governor and the Legislature new
and expanded energy conservation measures as required to meet the
objectives of this division.
(b) Collect from electric utilities, gas utilities, and fuel
producers and wholesalers and other sources forecasts of future
supplies and consumption of all forms of energy, including
electricity, and of future energy or fuel production and transporting
facilities to be constructed; independently analyze such forecasts
in relation to statewide estimates of population, economic, and other
growth factors and in terms of the availability of energy resources,
costs to consumers, and other factors; and formally specify
statewide and service area electrical energy demands to be utilized
as a basis for planning the siting and design of electric power
generating and related facilities.
(c) Carry out, or cause to be carried out, under contract or other
arrangements, research and development into alternative sources of
energy, improvements in energy generation, transmission, and siting,
fuel substitution, and other topics related to energy supply, demand,
public safety, ecology, and conservation which are of particular
statewide importance.
25216.3. (a) The commission shall compile relevant local, regional,
state, and federal land use, public safety, environmental, and other
standards to be met in designing, siting, and operating facilities
in this state; except as provided in subdivision (d) of Section
25402, adopt standards, except for air and water quality, to be met
in designing or operating facilities to safeguard public health and
safety, which may be different from or more stringent than those
adopted by local, regional, or other state agencies, or by any
federal agency if permitted by federal law; and monitor compliance
and ensure that all facilities are operated in accordance with this
division.
(b) The local, regional, and other state agencies shall advise the
commission as to any change in its standards, ordinances, or laws
which are pertinent and relevant to the objective of carrying out the
provisions of this division.
25216.5. The commission shall do all of the following:
(a) Prescribe the form and content of applications for facilities;
conduct public hearings and take other actions to secure adequate
evaluation of applications; and formally act to approve or disapprove
applications, including specifying conditions under which approval
and continuing operation of any facility shall be permitted.
(b) Prepare an integrated plan specifying actions to be taken in
the event of an impending serious shortage of energy, or a clear
threat to public health, safety, or welfare.
(c) Evaluate policies governing the establishment of rates for
electric power and other sources of energy as related to energy
conservation, environmental protection, and other goals and policies
established in this division, and transmit recommendations for
changes in power-pricing policies and rate schedules to the Governor,
the Legislature, to the Public Utilities Commission, and to publicly
owned electric utilities.
(d) Serve as a central repository within the state government for
the collection, storage, retrieval, and dissemination of data and
information on all forms of energy supply, demand, conservation,
public safety, research, and related subjects. The data and
information shall be derived from all sources, including, but not be
limited to, electric and gas utilities, oil and other energy
producing companies, institutions of higher education, private
industry, public and private research laboratories, private
individuals, and from any other source that the commission determines
is necessary to carry out its objectives under this division. The
commission may charge and collect a reasonable fee for retrieving and
disseminating any such information to cover the cost of such a
service. Any funds received by the commission pursuant to this
subdivision shall be deposited in the account and are continuously
appropriated for expenditure, by the commission, for purposes of
retrieving and disseminating any such information pursuant to this
section.
25217. The commission shall do all of the following:
(a) Appoint an executive director with administration and fiscal
experience, who shall serve at its pleasure and whose duties and
salary shall be prescribed by the commission.
(b) Employ and prescribe the duties of other staff members as
necessary to carry out the provisions of this division. Staff members
of the commission may participate in all matters before the
commission to the limits prescribed by the commission.
(c) Employ legal counsel who shall advise the commission and
represent it in connection with legal matters and litigation before
any boards and agencies of the state or federal government.
25217.1. The commission shall nominate and the Governor shall
appoint for a term of three years a public adviser to the commission
who shall be an attorney admitted to the practice of law in this
state and who shall carry out the provisions of Section 25222 as well
as other duties prescribed by this division or by the commission.
The adviser may be removed from office only upon the joint
concurrence of four commissioners and the Governor.
25217.5. The chair of the commission shall direct the adviser, the
executive director, and other staff in the performance of their
duties in conformance with the policies and guidelines established by
the commission.
25218. In addition to other powers specified in this division, the
commission may do any of the following:
(a) Apply for and accept grants, contributions, and
appropriations, and award grants consistent with the goals and
objectives of a program or activity the commission is authorized to
implement or administer.
(b) Contract for professional services if the work or services
cannot be satisfactorily performed by its employees or by any other
state agency.
(c) Be sued and sue.
(d) Request and utilize the advice and services of all federal,
state, local, and regional agencies.
(e) Adopt any rule or regulation, or take any action, it deems
reasonable and necessary to carry out this division.
(f) Adopt rules and regulations, or take any action, it deems
reasonable and necessary to ensure the free and open participation of
any member of the staff in proceedings before the commission.
25218.5. The provisions specifying any power or duty of the
commission shall be liberally construed, in order to carry out the
objectives of this division.
25219. As to any matter involving the federal government, its
departments or agencies, which is within the scope of the power and
duties of the commission, the commission may represent its interest
or the interest of any county, city, state agency, or public district
upon its request, and to that end may correspond, confer, and
cooperate with the federal government, its departments or agencies.
25220. The commission may participate as a party, to the extent
that it shall determine, in any proceeding before any federal or
state agency having authority whatsoever to approve or disapprove any
aspect of a proposed facility, receive notice from any applicant of
all applications and pleadings filed subsequently by such applicants
in any of such proceedings, and, by its request, receive copies of
any of such subsequently filed applications and pleadings that it
shall deem necessary.
25221. Upon request of the commission, the Attorney General shall
represent the commission and the state in litigation concerning
affairs of the commission, unless the Attorney General represents
another state agency, in which case the commission shall be
authorized to employ other counsel.
25222. The adviser shall insure that full and adequate
participation by all interested groups and the public at large is
secured in the planning, site and facility certification, energy
conservation, and emergency allocation procedures provided in this
division. The adviser shall insure that timely and complete notice of
commission meetings and public hearings is disseminated to all
interested groups and to the public at large. The adviser shall also
advise such groups and the public as to effective ways of
participating in the commission's proceedings. The adviser shall
recommend to the commission additional measures to assure open
consideration and public participation in energy planning, site and
facility certification, energy conservation, and emergency allocation
proceedings.
25223. The commission shall make available any information filed or
submitted pursuant to this division under the provisions of the
California Public Records Act, Chapter 3.5 (commencing with Section
6250) of Division 7, Title 1 of the Government Code; provided,
however, that the commission shall keep confidential any information
submitted to the Division of Oil and Gas of the Department of
Conservation that the division determines, pursuant to Section 3752,
to be proprietary.
25224. The commission and other state agencies shall, to the
fullest extent possible, exchange records, reports, material, and
other information relating to energy resources and conservation and
power facilities siting, or any areas of mutual concern, to the end
that unnecessary duplication of effort may be avoided.
25225. (a) Prior to expending any funds for any research,
development, or demonstration program or project relating to vehicles
or vehicle fuels, the commission shall do both of the following,
using existing resources:
(1) Adopt a plan describing any proposed expenditure that sets
forth the expected costs and qualitative as well as quantitative
benefits of the proposed program or project.
(2) Find that the proposed program or project will not duplicate
any other past or present publicly funded California program or
project. This paragraph is not intended to prevent funding for
programs or projects jointly funded with another public agency where
there is no duplication.
(b) Within 120 days from the date of the conclusion of a program
or project subject to subdivision (a) that is funded by the
commission, the commission shall issue a public report that sets
forth the actual costs of the program or project, the results
achieved and how they compare with expected costs and benefits
determined pursuant to paragraph (1) of subdivision (a), and any
problems that were encountered by the program or project.
(c) (1) This section does not apply to any funds appropriated for
research, development, or demonstration pursuant to a statute that
expressly specifies both of the following:
(A) A vehicle technology or vehicle fuel which is the subject of
the research, development, or demonstration.
(B) The purpose of, or anticipated products of, the research,
development, or demonstration.
(2) This section does not apply to the Katz Safe Schoolbus Clean
Fuel Efficiency Demonstration Program (Part 10.7 (commencing with
Section 17910) of Division 1 of Title 1 of the Education Code).
25226. (a) The Energy Technologies Research, Development, and
Demonstration Account established under former Section 25683 is
hereby continued in existence, in the General Fund, to be
administered by the commission for the purpose of carrying out
Chapter 7.3 (commencing with Section 25630) and Chapter 7.5
(commencing with Section 25650).
(b) The Controller shall deposit in the account all money
appropriated to the account by the Legislature, plus accumulated
interest on that money, and money from loan repayments, interest, and
royalties pursuant to Sections 25630 and 25650, for use by the
commission, upon appropriation by the Legislature, for the purposes
specified in Chapter 7.3 (commencing with Section 25630) and Chapter
7.5 (commencing with Section 25650).
25227. By July 1, 2011, the commission, in consultation with the
Public Utilities Commission, shall develop and maintain an Internet
Web site containing specific links to electrical corporation and
local publicly owned electric utility Internet Web sites or other
Internet Web sites that contain information specific to plug-in
hybrid or fully electric vehicles, including information on the
following:
(a) Resources to direct a consumer on how to find out if his or
her residence will require a utility service upgrade.
(b) Basic charging circuit requirements.
(c) Utility rate options.
(d) Load management techniques.
25200. There is in the Resources Agency the State Energy Resources
Conservation and Development Commission, consisting of five members
appointed by the Governor subject to Section 25204.
25201. One member of the commission shall have a background in the
field of engineering or physical science and have knowledge of energy
supply or conversion systems; one member shall be an attorney and a
member of the State Bar of California with administrative law
experience; one member shall have background and experience in the
field of environmental protection or the study of ecosystems; one
member shall be an economist with background and experience in the
field of natural resource management; and one member shall be from
the public at large.
25202. The Secretary of the Resources Agency and the President of
the Public Utilities Commission shall be ex officio, nonvoting
members of the commission, whose presence shall not be counted for a
quorum or for vote requirements.
25203. Each member of the commission shall represent the state at
large and not any particular area thereof, and shall serve on a
full-time basis.
25204. The Governor shall appoint the members of the commission
within 30 days after the effective date of this division. Every
appointment made by the Governor to the commission shall be subject
to the advice and consent of a majority of the members elected to the
Senate.
25205. (a) No person shall be a member of the commission who,
during the two years prior to appointment on the commission, received
any substantial portion of his or her income directly or indirectly
from any electric utility, or who engages in sale or manufacture of
any major component of any facility. A member of the commission shall
not be employed by any electric utility, applicant, or, within two
years after he or she ceases to be a member of the commission, by any
person who engages in the sale or manufacture of any major component
of any facility.
(b) Except as provided in Section 25202, the members of the
commission shall not hold any other elected or appointed public
office or position.
(c) The members of the commission and all employees of the
commission shall comply with all applicable provisions of Section
19251 of the Government Code.
(d) A person who is a member or employee of the commission shall
not participate personally and substantially as a member or employee
of the commission, through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise,
in a judicial or other proceeding, hearing, application, request for
a ruling, or other determination, contract, claim, controversy,
study, plan, or other particular matter in which, to his or her
knowledge, he or she, his or her spouse, minor child, or partner, or
any organization, except a governmental agency or educational or
research institution qualifying as a nonprofit organization under
state or federal income tax law, in which he or she is serving, or
has served as officer, director, trustee, partner, or employee while
serving as a member or employee of the commission or within two years
prior to his or her appointment as a member of the commission, has a
direct or indirect financial interest.
(e) A person who is a partner, employer, or employee of a member
or employee of the commission shall not act as an attorney, agent, or
employee for any person other than the state in connection with any
judicial or other proceeding, hearing, application, request for a
ruling, or other determination, contract, claim, controversy, study,
plan, or other particular matter in which the commission is a party
or has a direct and substantial interest.
(f) The provisions of this section shall not apply if the Attorney
General finds that the interest of the member or employee of the
commission is not so substantial as to be deemed likely to affect the
integrity of the services which the state may expect from the member
or employee.
(g) Any person who violates any provision of this section is
guilty of a felony and shall be subject to a fine of not more than
ten thousand dollars ($10,000) or imprisonment in the state prison,
or both.
(h) The amendment of subdivision (d) of this section enacted by
the 1975-76 Regular Session of the Legislature does not constitute a
change in, but is declaratory of, existing law.
25206. The terms of office of the members of the commission shall
be for five years, except that the members first appointed to the
commission shall classify themselves by lot so that the term of
office of one member shall expire at the end of each one of the five
years following the effective date of this division. Any vacancy
shall be filled by the Governor within 30 days of the date on which a
vacancy occurs for the unexpired portion of the term in which it
occurs or for any new term of office.
If the Governor fails to make an appointment for any vacancy
within such 30-day period, the Senate Rules Committee may make the
appointment to fill the vacancy for the unexpired portion of the term
in which the vacancy occurred or for any new term of office, subject
to the provisions of Section 25204.
25207. The members of the commission shall receive the salary
provided for by Chapter 6 (commencing with Section 11550) of Part 1
of Division 3 of Title 2 of the Government Code.
Each member of the commission shall receive the necessary
traveling and other expenses incurred in the performance of his
official duties. When necessary, the members of the commission and
its employees may travel within or without the state.
25209. Each member of the commission shall have one vote. Except as
provided in Section 25211, the affirmative votes of at least three
members shall be required for the transaction of any business of the
commission.
25210. The commission may hold any hearings and conduct any
investigations in any part of the state necessary to carry out its
powers and duties prescribed by this division and, for those
purposes, has the same powers as are conferred upon heads of
departments of the state by Article 2 (commencing with Section 11180)
of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government
Code.
25211. The commission may appoint a committee of not less than two
members of the commission to carry on investigations, inquiries, or
hearings which the commission has power to undertake or to hold. At
least one member of the committee shall attend all public hearings or
other proceedings held pursuant to Chapter 6 (commencing with
Section 25500), and all public hearings in biennial report
proceedings and rulemaking proceedings, except that, upon agreement
of all parties to a proceeding who are present at the hearing or
proceeding, the committee may authorize a hearing officer to continue
to take evidence in the temporary absence of a commission member.
Every order made by the committee pursuant to the inquiry,
investigation, or hearing, when approved or confirmed by the
commission and ordered filed in its office, shall be the order of the
commission.
25212. Every two years the Governor shall designate a chair and
vice chair of the commission from among its members.
25213. (a) The commission shall adopt rules and regulations, as
necessary, to carry out the provisions of this division in conformity
with the provisions of Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code. The
commission shall make available to a person upon request copies of
proposed regulations, together with summaries of reasons supporting
their adoption.
(b) (1) Notwithstanding any other law, the television product
labeling regulations adopted by the commission shall not take effect,
and the commission shall not enforce those regulations, before July
1, 2011.
(2) On and after July 1, 2011, the television product labeling
regulations shall be effective if a Federal Trade Commission labeling
rule for television products is not effective on or before July 1,
2011, and shall remain in effect until a Federal Trade Commission
final labeling rule is effective for television products.
25214. The commission shall maintain its headquarters in the County
of Sacramento and may establish branch offices in such parts of the
state as the commission deems necessary. The commission shall hold
meetings at such times and at such places as shall be determined by
it. All meetings and hearings of the commission shall be open to the
public, and opportunity to be heard with respect to the subject of
the hearings shall be afforded to any person. Upon request, an
interested party may be granted reasonable opportunity to examine any
witness testifying at the hearing. The first meeting of the
commission shall be held within 30 days after the confirmation of the
last member of the commission pursuant to Section 25204. The
Governor shall designate the time and place for the first meeting of
the commission.
25215. Any member of the commission may be removed from office by
the Legislature, by concurrent resolution adopted by a majority vote
of all members elected to each house, for dereliction of duty or
corruption or incompetency.
25216. In addition to other duties specified in this division, the
commission shall do all of the following:
(a) Undertake a continuing assessment of trends in the consumption
of electrical energy and other forms of energy and analyze the
social, economic, and environmental consequences of these trends;
carry out directly, or cause to be carried out, energy conservation
measures specified in Chapter 5 (commencing with Section 25400) of
this division; and recommend to the Governor and the Legislature new
and expanded energy conservation measures as required to meet the
objectives of this division.
(b) Collect from electric utilities, gas utilities, and fuel
producers and wholesalers and other sources forecasts of future
supplies and consumption of all forms of energy, including
electricity, and of future energy or fuel production and transporting
facilities to be constructed; independently analyze such forecasts
in relation to statewide estimates of population, economic, and other
growth factors and in terms of the availability of energy resources,
costs to consumers, and other factors; and formally specify
statewide and service area electrical energy demands to be utilized
as a basis for planning the siting and design of electric power
generating and related facilities.
(c) Carry out, or cause to be carried out, under contract or other
arrangements, research and development into alternative sources of
energy, improvements in energy generation, transmission, and siting,
fuel substitution, and other topics related to energy supply, demand,
public safety, ecology, and conservation which are of particular
statewide importance.
25216.3. (a) The commission shall compile relevant local, regional,
state, and federal land use, public safety, environmental, and other
standards to be met in designing, siting, and operating facilities
in this state; except as provided in subdivision (d) of Section
25402, adopt standards, except for air and water quality, to be met
in designing or operating facilities to safeguard public health and
safety, which may be different from or more stringent than those
adopted by local, regional, or other state agencies, or by any
federal agency if permitted by federal law; and monitor compliance
and ensure that all facilities are operated in accordance with this
division.
(b) The local, regional, and other state agencies shall advise the
commission as to any change in its standards, ordinances, or laws
which are pertinent and relevant to the objective of carrying out the
provisions of this division.
25216.5. The commission shall do all of the following:
(a) Prescribe the form and content of applications for facilities;
conduct public hearings and take other actions to secure adequate
evaluation of applications; and formally act to approve or disapprove
applications, including specifying conditions under which approval
and continuing operation of any facility shall be permitted.
(b) Prepare an integrated plan specifying actions to be taken in
the event of an impending serious shortage of energy, or a clear
threat to public health, safety, or welfare.
(c) Evaluate policies governing the establishment of rates for
electric power and other sources of energy as related to energy
conservation, environmental protection, and other goals and policies
established in this division, and transmit recommendations for
changes in power-pricing policies and rate schedules to the Governor,
the Legislature, to the Public Utilities Commission, and to publicly
owned electric utilities.
(d) Serve as a central repository within the state government for
the collection, storage, retrieval, and dissemination of data and
information on all forms of energy supply, demand, conservation,
public safety, research, and related subjects. The data and
information shall be derived from all sources, including, but not be
limited to, electric and gas utilities, oil and other energy
producing companies, institutions of higher education, private
industry, public and private research laboratories, private
individuals, and from any other source that the commission determines
is necessary to carry out its objectives under this division. The
commission may charge and collect a reasonable fee for retrieving and
disseminating any such information to cover the cost of such a
service. Any funds received by the commission pursuant to this
subdivision shall be deposited in the account and are continuously
appropriated for expenditure, by the commission, for purposes of
retrieving and disseminating any such information pursuant to this
section.
25217. The commission shall do all of the following:
(a) Appoint an executive director with administration and fiscal
experience, who shall serve at its pleasure and whose duties and
salary shall be prescribed by the commission.
(b) Employ and prescribe the duties of other staff members as
necessary to carry out the provisions of this division. Staff members
of the commission may participate in all matters before the
commission to the limits prescribed by the commission.
(c) Employ legal counsel who shall advise the commission and
represent it in connection with legal matters and litigation before
any boards and agencies of the state or federal government.
25217.1. The commission shall nominate and the Governor shall
appoint for a term of three years a public adviser to the commission
who shall be an attorney admitted to the practice of law in this
state and who shall carry out the provisions of Section 25222 as well
as other duties prescribed by this division or by the commission.
The adviser may be removed from office only upon the joint
concurrence of four commissioners and the Governor.
25217.5. The chair of the commission shall direct the adviser, the
executive director, and other staff in the performance of their
duties in conformance with the policies and guidelines established by
the commission.
25218. In addition to other powers specified in this division, the
commission may do any of the following:
(a) Apply for and accept grants, contributions, and
appropriations, and award grants consistent with the goals and
objectives of a program or activity the commission is authorized to
implement or administer.
(b) Contract for professional services if the work or services
cannot be satisfactorily performed by its employees or by any other
state agency.
(c) Be sued and sue.
(d) Request and utilize the advice and services of all federal,
state, local, and regional agencies.
(e) Adopt any rule or regulation, or take any action, it deems
reasonable and necessary to carry out this division.
(f) Adopt rules and regulations, or take any action, it deems
reasonable and necessary to ensure the free and open participation of
any member of the staff in proceedings before the commission.
25218.5. The provisions specifying any power or duty of the
commission shall be liberally construed, in order to carry out the
objectives of this division.
25219. As to any matter involving the federal government, its
departments or agencies, which is within the scope of the power and
duties of the commission, the commission may represent its interest
or the interest of any county, city, state agency, or public district
upon its request, and to that end may correspond, confer, and
cooperate with the federal government, its departments or agencies.
25220. The commission may participate as a party, to the extent
that it shall determine, in any proceeding before any federal or
state agency having authority whatsoever to approve or disapprove any
aspect of a proposed facility, receive notice from any applicant of
all applications and pleadings filed subsequently by such applicants
in any of such proceedings, and, by its request, receive copies of
any of such subsequently filed applications and pleadings that it
shall deem necessary.
25221. Upon request of the commission, the Attorney General shall
represent the commission and the state in litigation concerning
affairs of the commission, unless the Attorney General represents
another state agency, in which case the commission shall be
authorized to employ other counsel.
25222. The adviser shall insure that full and adequate
participation by all interested groups and the public at large is
secured in the planning, site and facility certification, energy
conservation, and emergency allocation procedures provided in this
division. The adviser shall insure that timely and complete notice of
commission meetings and public hearings is disseminated to all
interested groups and to the public at large. The adviser shall also
advise such groups and the public as to effective ways of
participating in the commission's proceedings. The adviser shall
recommend to the commission additional measures to assure open
consideration and public participation in energy planning, site and
facility certification, energy conservation, and emergency allocation
proceedings.
25223. The commission shall make available any information filed or
submitted pursuant to this division under the provisions of the
California Public Records Act, Chapter 3.5 (commencing with Section
6250) of Division 7, Title 1 of the Government Code; provided,
however, that the commission shall keep confidential any information
submitted to the Division of Oil and Gas of the Department of
Conservation that the division determines, pursuant to Section 3752,
to be proprietary.
25224. The commission and other state agencies shall, to the
fullest extent possible, exchange records, reports, material, and
other information relating to energy resources and conservation and
power facilities siting, or any areas of mutual concern, to the end
that unnecessary duplication of effort may be avoided.
25225. (a) Prior to expending any funds for any research,
development, or demonstration program or project relating to vehicles
or vehicle fuels, the commission shall do both of the following,
using existing resources:
(1) Adopt a plan describing any proposed expenditure that sets
forth the expected costs and qualitative as well as quantitative
benefits of the proposed program or project.
(2) Find that the proposed program or project will not duplicate
any other past or present publicly funded California program or
project. This paragraph is not intended to prevent funding for
programs or projects jointly funded with another public agency where
there is no duplication.
(b) Within 120 days from the date of the conclusion of a program
or project subject to subdivision (a) that is funded by the
commission, the commission shall issue a public report that sets
forth the actual costs of the program or project, the results
achieved and how they compare with expected costs and benefits
determined pursuant to paragraph (1) of subdivision (a), and any
problems that were encountered by the program or project.
(c) (1) This section does not apply to any funds appropriated for
research, development, or demonstration pursuant to a statute that
expressly specifies both of the following:
(A) A vehicle technology or vehicle fuel which is the subject of
the research, development, or demonstration.
(B) The purpose of, or anticipated products of, the research,
development, or demonstration.
(2) This section does not apply to the Katz Safe Schoolbus Clean
Fuel Efficiency Demonstration Program (Part 10.7 (commencing with
Section 17910) of Division 1 of Title 1 of the Education Code).
25226. (a) The Energy Technologies Research, Development, and
Demonstration Account established under former Section 25683 is
hereby continued in existence, in the General Fund, to be
administered by the commission for the purpose of carrying out
Chapter 7.3 (commencing with Section 25630) and Chapter 7.5
(commencing with Section 25650).
(b) The Controller shall deposit in the account all money
appropriated to the account by the Legislature, plus accumulated
interest on that money, and money from loan repayments, interest, and
royalties pursuant to Sections 25630 and 25650, for use by the
commission, upon appropriation by the Legislature, for the purposes
specified in Chapter 7.3 (commencing with Section 25630) and Chapter
7.5 (commencing with Section 25650).
25227. By July 1, 2011, the commission, in consultation with the
Public Utilities Commission, shall develop and maintain an Internet
Web site containing specific links to electrical corporation and
local publicly owned electric utility Internet Web sites or other
Internet Web sites that contain information specific to plug-in
hybrid or fully electric vehicles, including information on the
following:
(a) Resources to direct a consumer on how to find out if his or
her residence will require a utility service upgrade.
(b) Basic charging circuit requirements.
(c) Utility rate options.
(d) Load management techniques.
25200. There is in the Resources Agency the State Energy Resources
Conservation and Development Commission, consisting of five members
appointed by the Governor subject to Section 25204.
25201. One member of the commission shall have a background in the
field of engineering or physical science and have knowledge of energy
supply or conversion systems; one member shall be an attorney and a
member of the State Bar of California with administrative law
experience; one member shall have background and experience in the
field of environmental protection or the study of ecosystems; one
member shall be an economist with background and experience in the
field of natural resource management; and one member shall be from
the public at large.
25202. The Secretary of the Resources Agency and the President of
the Public Utilities Commission shall be ex officio, nonvoting
members of the commission, whose presence shall not be counted for a
quorum or for vote requirements.
25203. Each member of the commission shall represent the state at
large and not any particular area thereof, and shall serve on a
full-time basis.
25204. The Governor shall appoint the members of the commission
within 30 days after the effective date of this division. Every
appointment made by the Governor to the commission shall be subject
to the advice and consent of a majority of the members elected to the
Senate.
25205. (a) No person shall be a member of the commission who,
during the two years prior to appointment on the commission, received
any substantial portion of his or her income directly or indirectly
from any electric utility, or who engages in sale or manufacture of
any major component of any facility. A member of the commission shall
not be employed by any electric utility, applicant, or, within two
years after he or she ceases to be a member of the commission, by any
person who engages in the sale or manufacture of any major component
of any facility.
(b) Except as provided in Section 25202, the members of the
commission shall not hold any other elected or appointed public
office or position.
(c) The members of the commission and all employees of the
commission shall comply with all applicable provisions of Section
19251 of the Government Code.
(d) A person who is a member or employee of the commission shall
not participate personally and substantially as a member or employee
of the commission, through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise,
in a judicial or other proceeding, hearing, application, request for
a ruling, or other determination, contract, claim, controversy,
study, plan, or other particular matter in which, to his or her
knowledge, he or she, his or her spouse, minor child, or partner, or
any organization, except a governmental agency or educational or
research institution qualifying as a nonprofit organization under
state or federal income tax law, in which he or she is serving, or
has served as officer, director, trustee, partner, or employee while
serving as a member or employee of the commission or within two years
prior to his or her appointment as a member of the commission, has a
direct or indirect financial interest.
(e) A person who is a partner, employer, or employee of a member
or employee of the commission shall not act as an attorney, agent, or
employee for any person other than the state in connection with any
judicial or other proceeding, hearing, application, request for a
ruling, or other determination, contract, claim, controversy, study,
plan, or other particular matter in which the commission is a party
or has a direct and substantial interest.
(f) The provisions of this section shall not apply if the Attorney
General finds that the interest of the member or employee of the
commission is not so substantial as to be deemed likely to affect the
integrity of the services which the state may expect from the member
or employee.
(g) Any person who violates any provision of this section is
guilty of a felony and shall be subject to a fine of not more than
ten thousand dollars ($10,000) or imprisonment in the state prison,
or both.
(h) The amendment of subdivision (d) of this section enacted by
the 1975-76 Regular Session of the Legislature does not constitute a
change in, but is declaratory of, existing law.
25206. The terms of office of the members of the commission shall
be for five years, except that the members first appointed to the
commission shall classify themselves by lot so that the term of
office of one member shall expire at the end of each one of the five
years following the effective date of this division. Any vacancy
shall be filled by the Governor within 30 days of the date on which a
vacancy occurs for the unexpired portion of the term in which it
occurs or for any new term of office.
If the Governor fails to make an appointment for any vacancy
within such 30-day period, the Senate Rules Committee may make the
appointment to fill the vacancy for the unexpired portion of the term
in which the vacancy occurred or for any new term of office, subject
to the provisions of Section 25204.
25207. The members of the commission shall receive the salary
provided for by Chapter 6 (commencing with Section 11550) of Part 1
of Division 3 of Title 2 of the Government Code.
Each member of the commission shall receive the necessary
traveling and other expenses incurred in the performance of his
official duties. When necessary, the members of the commission and
its employees may travel within or without the state.
25209. Each member of the commission shall have one vote. Except as
provided in Section 25211, the affirmative votes of at least three
members shall be required for the transaction of any business of the
commission.
25210. The commission may hold any hearings and conduct any
investigations in any part of the state necessary to carry out its
powers and duties prescribed by this division and, for those
purposes, has the same powers as are conferred upon heads of
departments of the state by Article 2 (commencing with Section 11180)
of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government
Code.
25211. The commission may appoint a committee of not less than two
members of the commission to carry on investigations, inquiries, or
hearings which the commission has power to undertake or to hold. At
least one member of the committee shall attend all public hearings or
other proceedings held pursuant to Chapter 6 (commencing with
Section 25500), and all public hearings in biennial report
proceedings and rulemaking proceedings, except that, upon agreement
of all parties to a proceeding who are present at the hearing or
proceeding, the committee may authorize a hearing officer to continue
to take evidence in the temporary absence of a commission member.
Every order made by the committee pursuant to the inquiry,
investigation, or hearing, when approved or confirmed by the
commission and ordered filed in its office, shall be the order of the
commission.
25212. Every two years the Governor shall designate a chair and
vice chair of the commission from among its members.
25213. (a) The commission shall adopt rules and regulations, as
necessary, to carry out the provisions of this division in conformity
with the provisions of Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code. The
commission shall make available to a person upon request copies of
proposed regulations, together with summaries of reasons supporting
their adoption.
(b) (1) Notwithstanding any other law, the television product
labeling regulations adopted by the commission shall not take effect,
and the commission shall not enforce those regulations, before July
1, 2011.
(2) On and after July 1, 2011, the television product labeling
regulations shall be effective if a Federal Trade Commission labeling
rule for television products is not effective on or before July 1,
2011, and shall remain in effect until a Federal Trade Commission
final labeling rule is effective for television products.
25214. The commission shall maintain its headquarters in the County
of Sacramento and may establish branch offices in such parts of the
state as the commission deems necessary. The commission shall hold
meetings at such times and at such places as shall be determined by
it. All meetings and hearings of the commission shall be open to the
public, and opportunity to be heard with respect to the subject of
the hearings shall be afforded to any person. Upon request, an
interested party may be granted reasonable opportunity to examine any
witness testifying at the hearing. The first meeting of the
commission shall be held within 30 days after the confirmation of the
last member of the commission pursuant to Section 25204. The
Governor shall designate the time and place for the first meeting of
the commission.
25215. Any member of the commission may be removed from office by
the Legislature, by concurrent resolution adopted by a majority vote
of all members elected to each house, for dereliction of duty or
corruption or incompetency.
25216. In addition to other duties specified in this division, the
commission shall do all of the following:
(a) Undertake a continuing assessment of trends in the consumption
of electrical energy and other forms of energy and analyze the
social, economic, and environmental consequences of these trends;
carry out directly, or cause to be carried out, energy conservation
measures specified in Chapter 5 (commencing with Section 25400) of
this division; and recommend to the Governor and the Legislature new
and expanded energy conservation measures as required to meet the
objectives of this division.
(b) Collect from electric utilities, gas utilities, and fuel
producers and wholesalers and other sources forecasts of future
supplies and consumption of all forms of energy, including
electricity, and of future energy or fuel production and transporting
facilities to be constructed; independently analyze such forecasts
in relation to statewide estimates of population, economic, and other
growth factors and in terms of the availability of energy resources,
costs to consumers, and other factors; and formally specify
statewide and service area electrical energy demands to be utilized
as a basis for planning the siting and design of electric power
generating and related facilities.
(c) Carry out, or cause to be carried out, under contract or other
arrangements, research and development into alternative sources of
energy, improvements in energy generation, transmission, and siting,
fuel substitution, and other topics related to energy supply, demand,
public safety, ecology, and conservation which are of particular
statewide importance.
25216.3. (a) The commission shall compile relevant local, regional,
state, and federal land use, public safety, environmental, and other
standards to be met in designing, siting, and operating facilities
in this state; except as provided in subdivision (d) of Section
25402, adopt standards, except for air and water quality, to be met
in designing or operating facilities to safeguard public health and
safety, which may be different from or more stringent than those
adopted by local, regional, or other state agencies, or by any
federal agency if permitted by federal law; and monitor compliance
and ensure that all facilities are operated in accordance with this
division.
(b) The local, regional, and other state agencies shall advise the
commission as to any change in its standards, ordinances, or laws
which are pertinent and relevant to the objective of carrying out the
provisions of this division.
25216.5. The commission shall do all of the following:
(a) Prescribe the form and content of applications for facilities;
conduct public hearings and take other actions to secure adequate
evaluation of applications; and formally act to approve or disapprove
applications, including specifying conditions under which approval
and continuing operation of any facility shall be permitted.
(b) Prepare an integrated plan specifying actions to be taken in
the event of an impending serious shortage of energy, or a clear
threat to public health, safety, or welfare.
(c) Evaluate policies governing the establishment of rates for
electric power and other sources of energy as related to energy
conservation, environmental protection, and other goals and policies
established in this division, and transmit recommendations for
changes in power-pricing policies and rate schedules to the Governor,
the Legislature, to the Public Utilities Commission, and to publicly
owned electric utilities.
(d) Serve as a central repository within the state government for
the collection, storage, retrieval, and dissemination of data and
information on all forms of energy supply, demand, conservation,
public safety, research, and related subjects. The data and
information shall be derived from all sources, including, but not be
limited to, electric and gas utilities, oil and other energy
producing companies, institutions of higher education, private
industry, public and private research laboratories, private
individuals, and from any other source that the commission determines
is necessary to carry out its objectives under this division. The
commission may charge and collect a reasonable fee for retrieving and
disseminating any such information to cover the cost of such a
service. Any funds received by the commission pursuant to this
subdivision shall be deposited in the account and are continuously
appropriated for expenditure, by the commission, for purposes of
retrieving and disseminating any such information pursuant to this
section.
25217. The commission shall do all of the following:
(a) Appoint an executive director with administration and fiscal
experience, who shall serve at its pleasure and whose duties and
salary shall be prescribed by the commission.
(b) Employ and prescribe the duties of other staff members as
necessary to carry out the provisions of this division. Staff members
of the commission may participate in all matters before the
commission to the limits prescribed by the commission.
(c) Employ legal counsel who shall advise the commission and
represent it in connection with legal matters and litigation before
any boards and agencies of the state or federal government.
25217.1. The commission shall nominate and the Governor shall
appoint for a term of three years a public adviser to the commission
who shall be an attorney admitted to the practice of law in this
state and who shall carry out the provisions of Section 25222 as well
as other duties prescribed by this division or by the commission.
The adviser may be removed from office only upon the joint
concurrence of four commissioners and the Governor.
25217.5. The chair of the commission shall direct the adviser, the
executive director, and other staff in the performance of their
duties in conformance with the policies and guidelines established by
the commission.
25218. In addition to other powers specified in this division, the
commission may do any of the following:
(a) Apply for and accept grants, contributions, and
appropriations, and award grants consistent with the goals and
objectives of a program or activity the commission is authorized to
implement or administer.
(b) Contract for professional services if the work or services
cannot be satisfactorily performed by its employees or by any other
state agency.
(c) Be sued and sue.
(d) Request and utilize the advice and services of all federal,
state, local, and regional agencies.
(e) Adopt any rule or regulation, or take any action, it deems
reasonable and necessary to carry out this division.
(f) Adopt rules and regulations, or take any action, it deems
reasonable and necessary to ensure the free and open participation of
any member of the staff in proceedings before the commission.
25218.5. The provisions specifying any power or duty of the
commission shall be liberally construed, in order to carry out the
objectives of this division.
25219. As to any matter involving the federal government, its
departments or agencies, which is within the scope of the power and
duties of the commission, the commission may represent its interest
or the interest of any county, city, state agency, or public district
upon its request, and to that end may correspond, confer, and
cooperate with the federal government, its departments or agencies.
25220. The commission may participate as a party, to the extent
that it shall determine, in any proceeding before any federal or
state agency having authority whatsoever to approve or disapprove any
aspect of a proposed facility, receive notice from any applicant of
all applications and pleadings filed subsequently by such applicants
in any of such proceedings, and, by its request, receive copies of
any of such subsequently filed applications and pleadings that it
shall deem necessary.
25221. Upon request of the commission, the Attorney General shall
represent the commission and the state in litigation concerning
affairs of the commission, unless the Attorney General represents
another state agency, in which case the commission shall be
authorized to employ other counsel.
25222. The adviser shall insure that full and adequate
participation by all interested groups and the public at large is
secured in the planning, site and facility certification, energy
conservation, and emergency allocation procedures provided in this
division. The adviser shall insure that timely and complete notice of
commission meetings and public hearings is disseminated to all
interested groups and to the public at large. The adviser shall also
advise such groups and the public as to effective ways of
participating in the commission's proceedings. The adviser shall
recommend to the commission additional measures to assure open
consideration and public participation in energy planning, site and
facility certification, energy conservation, and emergency allocation
proceedings.
25223. The commission shall make available any information filed or
submitted pursuant to this division under the provisions of the
California Public Records Act, Chapter 3.5 (commencing with Section
6250) of Division 7, Title 1 of the Government Code; provided,
however, that the commission shall keep confidential any information
submitted to the Division of Oil and Gas of the Department of
Conservation that the division determines, pursuant to Section 3752,
to be proprietary.
25224. The commission and other state agencies shall, to the
fullest extent possible, exchange records, reports, material, and
other information relating to energy resources and conservation and
power facilities siting, or any areas of mutual concern, to the end
that unnecessary duplication of effort may be avoided.
25225. (a) Prior to expending any funds for any research,
development, or demonstration program or project relating to vehicles
or vehicle fuels, the commission shall do both of the following,
using existing resources:
(1) Adopt a plan describing any proposed expenditure that sets
forth the expected costs and qualitative as well as quantitative
benefits of the proposed program or project.
(2) Find that the proposed program or project will not duplicate
any other past or present publicly funded California program or
project. This paragraph is not intended to prevent funding for
programs or projects jointly funded with another public agency where
there is no duplication.
(b) Within 120 days from the date of the conclusion of a program
or project subject to subdivision (a) that is funded by the
commission, the commission shall issue a public report that sets
forth the actual costs of the program or project, the results
achieved and how they compare with expected costs and benefits
determined pursuant to paragraph (1) of subdivision (a), and any
problems that were encountered by the program or project.
(c) (1) This section does not apply to any funds appropriated for
research, development, or demonstration pursuant to a statute that
expressly specifies both of the following:
(A) A vehicle technology or vehicle fuel which is the subject of
the research, development, or demonstration.
(B) The purpose of, or anticipated products of, the research,
development, or demonstration.
(2) This section does not apply to the Katz Safe Schoolbus Clean
Fuel Efficiency Demonstration Program (Part 10.7 (commencing with
Section 17910) of Division 1 of Title 1 of the Education Code).
25226. (a) The Energy Technologies Research, Development, and
Demonstration Account established under former Section 25683 is
hereby continued in existence, in the General Fund, to be
administered by the commission for the purpose of carrying out
Chapter 7.3 (commencing with Section 25630) and Chapter 7.5
(commencing with Section 25650).
(b) The Controller shall deposit in the account all money
appropriated to the account by the Legislature, plus accumulated
interest on that money, and money from loan repayments, interest, and
royalties pursuant to Sections 25630 and 25650, for use by the
commission, upon appropriation by the Legislature, for the purposes
specified in Chapter 7.3 (commencing with Section 25630) and Chapter
7.5 (commencing with Section 25650).
25227. By July 1, 2011, the commission, in consultation with the
Public Utilities Commission, shall develop and maintain an Internet
Web site containing specific links to electrical corporation and
local publicly owned electric utility Internet Web sites or other
Internet Web sites that contain information specific to plug-in
hybrid or fully electric vehicles, including information on the
following:
(a) Resources to direct a consumer on how to find out if his or
her residence will require a utility service upgrade.
(b) Basic charging circuit requirements.
(c) Utility rate options.
(d) Load management techniques.
