Code Section Group

Public Utilities Code - PUC

DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3297]

  ( Division 1 enacted by Stats. 1951, Ch. 764. )

PART 1. PUBLIC UTILITIES ACT [201 - 2120]

  ( Part 1 enacted by Stats. 1951, Ch. 764. )

CHAPTER 8.7. School Energy Efficiency Stimulus Program [1600 - 1640]

  ( Chapter 8.7 added by Stats. 2020, Ch. 372, Sec. 5. )

ARTICLE 2. School Energy Efficiency Stimulus Program [1610 - 1618]
  ( Article 2 added by Stats. 2020, Ch. 372, Sec. 5. )

1610.
  

By no later than February 1, 2021, the utilities shall file a joint advice letter pursuant to Section 5.1 of General Order 96-B, to fund a joint School Energy Efficiency Stimulus Program as part of each of their energy efficiency portfolios. The School Energy Efficiency Stimulus Program shall be a joint program among all the participating utilities that shall be consistent across the utility territories and shall be designed, administered, and implemented by the Energy Commission as the program administrator. The commission shall approve the advice letter no later than March 1, 2021. The School Energy Efficiency Stimulus Program shall consist of both of the following programs:

(a) The School Reopening Ventilation and Energy Efficiency Verification and Repair Program as specified in Article 3 (commencing with Section 1620).

(b) The School Noncompliant Plumbing Fixture and Appliance Program as specified in Article 4 (commencing with Section 1630).

(Added by Stats. 2020, Ch. 372, Sec. 5. (AB 841) Effective January 1, 2021. Repealed as of January 1, 2027, pursuant to Section 1640.)

1611.
  

Each utility shall work with the Energy Commission to ensure the SRVEVR Program and SNPFA Program are operative and begin to solicit applications for grants on or before April 1, 2021, and begin to approve applications no later than May 1, 2021, subject to the availability of funds.

(Added by Stats. 2020, Ch. 372, Sec. 5. (AB 841) Effective January 1, 2021. Repealed as of January 1, 2027, pursuant to Section 1640.)

1612.
  

Not less than 25 percent of projects funded by the SRVEVR Program or SNPFA Program shall be in underserved communities. The SRVEVR Program and SNPFA Program shall prioritize underserved communities by ensuring that all schools that are in an underserved community are offered the opportunity to apply for and receive grants before those schools that are not in an underserved community. Additionally, the SRVEVR Program shall prioritize schools with a boundary that is within 500 feet of the edge of the closest traffic lane of a freeway or other busy traffic corridor or within 1,000 feet of a facility holding a permit pursuant to Title V of the Clean Air Act (42 U.S.C. Section 7661 et seq.). For the purposes of this section, “freeway or other busy traffic corridors” has the same meaning as defined in paragraph (9) of subdivision (d) of Section 17213 of the Education Code.

(Added by Stats. 2020, Ch. 372, Sec. 5. (AB 841) Effective January 1, 2021. Repealed as of January 1, 2027, pursuant to Section 1640.)

1613.
  

The SRVEVR Program and the SNPFA Program shall be considered a third-party program for compliance with the commission Decision 16-08-019 (August 18, 2016) Decision Providing Guidance for Initial Energy Efficiency Rolling Portfolio Business Plan Filings.

(Added by Stats. 2020, Ch. 372, Sec. 5. (AB 841) Effective January 1, 2021. Repealed as of January 1, 2027, pursuant to Section 1640.)

1614.
  

(a) The Energy Commission, in collaboration with each utility, shall adopt guidelines and regulations for the SRVEVR Program and the SNPFA Program.

(b) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the adoption of guidelines or regulations pursuant to this section.

(c) The Energy Commission shall adopt regulations or guidelines no later than May 1, 2021, and shall begin approving applications promptly upon their adoption.

(d) Other than the workforce qualification requirements, the technical and reporting requirements of the SRVEVR Program as set forth in Sections 1623 through 1627 of Article 3 (commencing with Section 1620) may be amended by the Energy Commission pursuant to subdivisions (a) and (b) of this section, as necessary, to reflect the latest COVID-19 or other applicable guidance, or otherwise to achieve the intent of the SRVEVR Program and to ensure consistency with related requirements and codes.

(e) The technical definitions in Section 1620 or 1630 may be amended by the Energy Commission, as necessary, to achieve the intent of the School Energy Efficiency Stimulus Program and to ensure consistency with related requirements and codes.

(Added by Stats. 2020, Ch. 372, Sec. 5. (AB 841) Effective January 1, 2021. Repealed as of January 1, 2027, pursuant to Section 1640.)

1615.
  

(a) (1) The commission shall require each utility to fund the School Energy Efficiency Stimulus Program by allocating their energy efficiency budgets for program years 2021, 2022, and 2023, in both of the following amounts:

(A) An amount equal to the applicable percentage of the difference between the budget contained in each utility’s 2020 annual budget advice letter approved as of July 1, 2020, and the annual portfolio funding limitation for program year 2020 as set forth in the 2018–2025 business plan of each utility as approved and modified in ordering paragraph 45 of the commission’s Decision 18-05-041 (May 31, 2019) Decision Addressing Energy Efficiency Business Plans, as modified by Decision 20-02-029 (February 6, 2020) Order Modifying Decision (D.) 18-05-041 and Denying Rehearing of Decision, as Modified. The applicable percentage is 80 percent for program year 2021, 70 percent for program year 2022, and 60 percent for program year 2023.

(B) Any carryover amount from unspent and uncommitted energy efficiency funds for program year 2020, 2021, or 2022 to the School Energy Efficiency Stimulus Program for the following year’s budget.

(2) Funding allocations required by this subdivision shall only apply to program years 2021, 2022, and 2023.

(3) Any funds allocated towards the School Energy Efficiency Stimulus Program pursuant to this section that remain unspent by the end of each program year may be carried over and contribute to the next year’s budget for the School Energy Efficiency Stimulus Program until the end of the 2023 energy efficiency program year.

(b) (1) This section does not authorize the levy of a charge or any increase in the amount collected pursuant to an existing charge beyond the amounts authorized by the commission in Decision 18-05-041, or as modified by Decision 20-02-029, nor does it add to, or detract from, any existing authority of the commission to levy or increase charges.

(2) This subdivision does not change the commission’s authority to determine revenue allocation and rate design, including its ability to prioritize customers participating in the California Alternative Rates for Energy or Family Electric Rate Assistance programs when considering appropriate revenue allocation for energy efficiency programs.

(c) The Energy Commission shall ensure that moneys from each utility for the School Energy Efficiency Stimulus Program are used for projects located in the service territory of that utility from which the moneys are received.

(d) The Energy Commission may use no more than 5 percent, not to exceed five million dollars ($5,000,000) per year, of the SRVEVR Program and the SNPFA Program funds for administrating the programs, including providing technical support to program participants. The commission shall ensure that funds allocated to the Energy Commission pursuant to this section are transferred to an account specified by the Energy Commission within 60 days after the completion of the prior energy efficiency program year.

(e) All funds allocated in subdivision (a) shall be spent or returned to each utility by December 1, 2026.

(f) The Energy Commission may set application and encumbrance deadlines to ensure that the reversion of funds as required by subdivision (e) occurs by December 1, 2026.

(g) The Energy Commission shall take steps, consistent with Section 25230 of the Public Resources Code, to ensure that a diverse group of contractors are aware of funding opportunities available through the School Energy Efficiency Stimulus Program.

(Added by Stats. 2020, Ch. 372, Sec. 5. (AB 841) Effective January 1, 2021. Repealed as of January 1, 2027, pursuant to Section 1640.)

1616.
  

Moneys for the School Energy Efficiency Stimulus Program for each program year shall be allocated as follows:

(a) Seventy-five percent to the SRVEVR Program.

(b) Twenty-five percent to the SNPFA Program.

(Added by Stats. 2020, Ch. 372, Sec. 5. (AB 841) Effective January 1, 2021. Repealed as of January 1, 2027, pursuant to Section 1640.)

1617.
  

The School Energy Efficiency Stimulus Program advances the public interest in maximizing cost-effective energy savings and related public benefits, including ensuring that ratepayer investments unlock deeper energy savings and benefit underserved communities. Because the commission’s current cost-effectiveness methodology does not fully take into account indirect and nonmonetary public benefits, that methodology shall not be applied to these projects. Expenditures on the School Energy Efficiency Stimulus Program shall be found to be cost effective and shall not be considered by the commission when calculating the overall cost-effectiveness of energy efficiency portfolios of electrical corporations or gas corporations.

(Added by Stats. 2020, Ch. 372, Sec. 5. (AB 841) Effective January 1, 2021. Repealed as of January 1, 2027, pursuant to Section 1640.)

1618.
  

Reducing emissions of greenhouse gases and energy savings attributed to a project funded by the School Energy Efficiency Stimulus Program shall be attributed to the utility that provided those funds when determining compliance with applicable greenhouse gas or energy efficiency saving mandates. The baseline for determining reductions in emissions of greenhouse gases and energy savings from the SRVEVR Program shall be the energy demand and emissions of greenhouse gases that would have occurred if ventilation and filtration recommendations for reopening schools were met without the assessment, adjustment, maintenance, repairs, and efficiency upgrades funded pursuant to the program.

(Added by Stats. 2020, Ch. 372, Sec. 5. (AB 841) Effective January 1, 2021. Repealed as of January 1, 2027, pursuant to Section 1640.)

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