87375.
(a) For purposes of this section, the following terms have the following meanings:(1) “Community choice aggregator” has the same meaning as set forth in Section 331.1 of the Public Utilities Code.
(2) “Electrical corporation” has the same meaning as set forth in Section 218 of the Public Utilities Code.
(3) “Electric service provider” has the same meaning as set forth in Section 218.3 of the Public Utilities Code.
(4) “Energy Commission” means the State Energy Resources Conservation and Development Commission established pursuant to Section 25200 of the Public Resources Code.
(5) “Facility” means the structure or equipment necessary for generating, transmitting, or distributing electricity, including electric transmission lines and thermal, wind, hydroelectric, and photovoltaic plants.
(6) Notwithstanding paragraph (2) of subdivision (b) of Section 82030, for purposes of this section, “income” includes salary and reimbursement for expenses or per diem, and social security, disability, or other similar benefit payments received from a state, local, or federal government agency, and reimbursement for travel expenses and per diem received from a bona fide nonprofit entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.
(7) “Load serving entity” means an electrical corporation, electric service provider, community choice aggregator, or a person who has received a substantial portion of his or her income, directly or indirectly, from selling or providing electricity to end users located in the state.
(8) “Major component” means any product or equipment integral to facility construction or operation or to electrical generation, transmission, or distribution.
(9) “Person” has the same meaning as set forth in Section 82047 and includes a city, county, public district or agency, the state or any department or agency thereof, and the United States or any department or agency thereof.
(b) An individual shall not be a member of the Energy Commission if, during the two years prior to appointment to the Energy Commission, the individual received a substantial portion of his or her income, directly or indirectly, from any of the following:
(1) A load serving entity.
(2) A person who has received a substantial portion of his or her income, directly or indirectly, from either of the following:
(A) Generating, transmitting, or distributing electricity in the state.
(B) The sale or manufacture of any major component of a facility located in the state.
(c) Except as provided in Section 25202 of the Public Resources Code, and subject to the prohibitions of Section 1099 of the Government Code, a member of the Energy Commission shall not hold any other elected or appointed public office or position.
(d) A member or employee of the Energy Commission shall not maintain a relationship as a partner, employer, employee, or consultant with a person who acts as an attorney, agent, or employee for a person other than the state in connection with a judicial or other proceeding, hearing, application, request for ruling, or other determination; contract; claim; controversy; study; plan; or other particular matter in which the Energy Commission is a party or has a direct and substantial interest.
(e) If the Fair Political Practices Commission finds that the interest of a member or employee of the Energy Commission, as appropriate, in income described in subdivision (b), in holding an office or position described in subdivision (c) that is not otherwise prohibited by Section 1099, or in a relationship described in subdivision (d) is not sufficiently substantial to affect the integrity of services that the state may expect from the member or employee with respect to the Energy Commission, the subdivision to which the Fair Political Practices Commission’s findings pertain shall not apply to that member or employee in that instance.