Today's Law As Amended


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SB-99 Community Energy Resilience Act of 2021.(2021-2022)



As Amends the Law Today


SECTION 1.
 (a) This act shall be known, and may be cited, as the Community Energy Resilience Act of 2021.
(b) The Legislature finds and declares all of the following:
(1) Development of community energy resilience plans will help ensure continuous electricity service during power outages, which in recent years have imposed enormous costs on California communities.
(2) Developing reliable electrical systems for critical facilities is a paramount public safety priority to protect the health and well-being of California residents and businesses.
(3) Local governments typically lack the financial resources or expertise needed for community energy resilience planning in order to increase the utilization of distributed clean energy resources.
(4) Local governments have the greatest degree of local political accountability and the ability to identify, working in collaboration with community-based organizations, which facilities are most important to local residents and necessary to maintain public health and safety, and can most effectively integrate the permitting of distributed energy resources capable of providing electricity during outages.
(5) With proper engineering and planning, local governments will be able to speed deployment of resilient clean energy systems and take advantage of state, federal, and other funding sources.
(c) It is the intent of the Legislature to
direct the State Energy Resources Conservation and Development Commission to develop necessary procedures for implementation of a new program to provide technical guidance and financial assistance for local governments to develop community energy resilience plans.

SEC. 2.

 Division 16.7 (commencing with Section 26450) is added to the Public Resources Code, to read:

DIVISION 16.7. Community Energy Resilience Planning

26450.
 For purposes of this division, the following terms have the following meanings:
(a) “Commission” means the State Energy Resources Conservation and Development Commission, commonly known as the California Energy Commission.
(b) “Community energy resilience plan” means a planning document prepared by a local government pursuant to this division that sets forth a strategy for reducing the adverse impacts associated with power outages. Unless the context requires otherwise, “plan” means a community energy resilience plan.
(c) “Local government” means a city, county, city and county, or California Native American tribe, as defined in Section 21073.
(d) “Public utility” means an electrical corporation, as defined in Section 218 of the Public Utilities Code, or a local publicly owned electric utility, as defined in Section 224.3 of the Public Utilities Code.
26451.
 (a) The commission shall develop and implement a grant program pursuant to this division for local governments to develop community energy resilience plans and expedite permit review of distributed energy resources by local governments.
(b) Before dispersing grant funds pursuant to this division, the commission shall do both of the following:
(1) Develop and adopt solicitation and evaluation procedures for applicants to submit a community energy resilience plan funding proposal to do both of the following:
(A) Develop a community energy resilience plan and for overall plan structure and content, including funds for critical facilities in low-income or disadvantaged communities that are most likely to experience future power outages, followed in priority by other critical facilities in the planning area.
(B) Develop a process for the expedited permit review of distributed energy resources by local governments.
(2) Conduct two public meetings to consider public comment.
(c) The plan solicitation and evaluation procedures shall prioritize proposals for funding that would support
equitable collaboration between public utilities, local governments, community-based organizations, and state agencies to yield plans that not only help achieve local energy resilience objectives, but also state renewable energy goals.
(d) A community energy resiliency plan shall be consistent with the city, county, or city and county general plan and other local government planning documents. The plan may include provisions to facilitate the expedited local permitting of distributed energy resources.
(e) The commission shall fund technical assistance providers to assist in plan development, including all of the following:
(1) Identifying and coordinating with appropriate local government staff and outside consultants capable of drafting the plan. A local government may hire a resilience manager to manage the plan development process and the implementation of any specific projects identified in the plan.
(2) Convening and facilitating one or more community workshops enlisting local stakeholders, including, but not limited to, labor representatives, representatives from community-based organizations, community members, representatives from related technology vendors, local government staff in departments relating to emergency services, planning, and public works, disability rights advocates, and representatives from special districts, load-serving entities, school districts, environmental justice communities, communities of color, and other marginalized groups, to ensure that a diversity of perspectives and input is incorporated into the plan.
(3) Soliciting and utilizing input from public utility operational and technical subject matter experts.
(4) Providing guidance and support to each local government receiving plan funds for the local government to designate a diverse plan steering committee to ensure robust and meaningful public participation.
(f) A plan for which a local government receives grant funding shall do all of the following:
(1) Identify critical facilities, including facilities that can serve as community resilience hubs to accommodate and provide basic services to people who have lost power to their homes.
(2) Identify locations and facilities where the construction of microgrids could meet local resilience needs.
(3) Identify critical facilities that are in greatest need of backup energy generation and potential backup energy systems that may meet the needs of those facilities.
(4) Identify potential funding sources for implementation of projects included in the plan.
(g) Grant funding awarded to a local government pursuant to this division does not affect the entity’s eligibility to receive other incentives available from federal, state, or other local governments, public utilities, or any other source, or to leverage the grant funding awarded pursuant to this division with any other incentive.
26452.
 (a) The commission shall maintain a publicly available and searchable database of all local governments receiving grant funding pursuant to this division. The database shall include relevant metrics to be determined by the commission.
(b) As a condition of receiving grant funding, within six months of completing its plan, a local government shall submit the plan to the commission.
(c) (1) The commission shall prepare an annual summary of statewide program expenditures and hire an independent, third-party evaluator to quantify and evaluate the effects of the grant program.
(2) Pursuant to Section 9795 of the Government Code, the commission shall annually report the information it receives to the Legislature and post the report on its internet website.