380.
(a) To recognize the potential for microgeneration and renewable facilities to enhance reliability, power quality, and to provide other demonstrable benefits to the electric transmission or distribution system, the commission shall establish an appropriate cost-based rate structure for standby charges for eligible customers.(b) Any true-up of rates, which might be required as a result of restructuring standby charges, may only be imposed on the specific customer class which received an adjustment in standby charges.
(c) As used in this section, the following terms have the following meanings:
(1) “Eligible customer” means a customer who has installed a microgeneration facility as defined in subdivision (f) of Section 331, or a renewable facility or a facility that is powered by stranded California natural gas, but does not include any facility that is powered by diesel fuel, on or after 90 days from the effective date of the act adding this section, if that facility meets all of the following requirements:
(A) Is operated in parallel with the electrical corporation’s transmission and distribution system.
(B) Is subject to the electrical corporation’s standby tariff.
(C) Is in full compliance with the best available control technology (BACT).
(2) “Renewable facility” means a facility of less than one megawatt that does not meet the definition of a conventional power source, as defined in Section 2805.
(d) This section does not apply to those eligible customer-generators that are not assessed standby charges pursuant to subdivision (d) of Section 2827.