BILL NUMBER: SB 1345 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2000
PASSED THE ASSEMBLY AUGUST 28, 2000
AMENDED IN ASSEMBLY AUGUST 25, 2000
AMENDED IN ASSEMBLY JULY 6, 2000
AMENDED IN ASSEMBLY JUNE 20, 2000
AMENDED IN SENATE MAY 30, 2000
INTRODUCED BY Senator Peace
JANUARY 10, 2000
An act to amend Section 801.5 of the Civil Code, and to add and
repeal Sections 25619 and 25620.10 of, the Public Resources Code,
relating to energy programs.
LEGISLATIVE COUNSEL'S DIGEST
SB 1345, Peace. State Energy Resources Conservation and
Development Commission: grant program: solar energy systems.
Existing law, for purposes of provisions governing property
rights, defines the term "solar energy system" to mean any solar
collector or other solar energy device whose primary purpose is to
provide for the collection, storage, and distribution of solar energy
for space heating or cooling, or for water heating, or any
structural design feature of a building, whose primary purpose is to
provide for the collection, storage, and distribution of solar energy
for space heating or cooling, or for water heating.
This bill would revise that definition of "solar energy system" to
additionally include within that definition of a "solar energy
system" any solar collector or other solar energy device whose
primary purpose is to provide for electricity generation, or any
structural design feature of a building whose primary purpose is to
provide for electricity generation.
Existing law requires the State Energy Resources Conservation and
Development Commission to expand and accelerate development of
alternative sources of energy including solar resources.
This bill, until January 1, 2006, would require the commission, to
the extent that funds are appropriated for that purpose in the
annual Budget Act, to implement a grant program to accomplish
specified goals including making solar energy systems cost
competitive with alternate forms of energy. The bill would require
the grants to be based on either the performance of, or the type of,
the solar energy system, as determined by the commission, and would
prohibit duplicate grants from other grant programs administered by
the commission for solar systems that produce electricity, as
specified. This bill would declare that any action taken by an
applicant to receive a grant award, including, but not limited to,
satisfying conditions specified by the commission, would not
constitute the rendering of any type of benefit to the commission.
The bill, until January 1, 2006, would also require the
commission, to the extent that funds are appropriated for that
purpose in the annual Budget Act, to develop and implement a grant
program to offset a portion of the costs of eligible distributed
generation systems, as prescribed.
The bill would authorize the commission to use up to a total of
$250,000 of the collective funds appropriated for the
above-referenced grant programs to fund the commission's costs in
administering those programs.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares both of the
following:
(a) Solar technologies produce clean, renewable energy while
reducing California's energy deficit, creating in-state businesses
and jobs in the manufacturing, contracting, and distribution
industries, and preserving California's preeminent role as home to
the world's largest concentration of solar energy companies.
(b) High-efficiency, low polluting distributed generation
resources, installed on customer sites, can reduce customer costs of
energy, reduce environmental pollution associated with central
station powerplants, and provide customers with improved reliability
in the event of an electricity outage.
SEC. 2. Section 801.5 of the Civil Code is amended to read:
801.5. (a) The right of receiving sunlight as specified in
subdivision 18 of Section 801 shall be referred to as a solar
easement. "Solar easement" means the right of receiving sunlight
across real property of another for any solar energy system.
As used in this section, "solar energy system" means either of the
following:
(1) Any solar collector or other solar energy device whose primary
purpose is to provide for the collection, storage, and distribution
of solar energy for space heating, space cooling, electric
generation, or water heating.
(2) Any structural design feature of a building, whose primary
purpose is to provide for the collection, storage, and distribution
of solar energy for electricity generation, space heating or cooling,
or for water heating.
(b) Any instrument creating a solar easement shall include, at a
minimum, all of the following:
(1) A description of the dimensions of the easement expressed in
measurable terms, such as vertical or horizontal angles measured in
degrees, or the hours of the day on specified dates during which
direct sunlight to a specified surface of a solar collector, device,
or structural design feature may not be obstructed, or a combination
of these descriptions.
(2) The restrictions placed upon vegetation, structures, and other
objects that would impair or obstruct the passage of sunlight
through the easement.
(3) The terms or conditions, if any, under which the easement may
be revised or terminated.
SEC. 3. Section 25619 is added to the Public Resources Code, to
read:
25619. (a) The commission shall develop a grant program to offset
a portion of the cost of eligible solar energy systems. The goals
of the program are all of the following:
(1) To make solar energy systems cost competitive with alternate
forms of energy.
(2) To provide support for electricity storage capabilities in
solar electric applications to facilitate enhanced reliability in the
event of a power outage.
(3) To encourage the purchase by California residents of
California-made solar systems.
(b) (1) The grant for an eligible solar energy system shall be
based on either the performance of, or the type of, the solar energy
system, as the commission determines, and the amount of the grant
shall not exceed seven hundred fifty dollars ($750). Except as
provided in paragraph (2), if a grant is awarded pursuant to this
section for an eligible solar energy system that produces
electricity, no grant shall be made for that system from any other
grant program administered by the commission.
(2) An applicant who receives a grant for a photovoltaic solar
energy system from another program administered by the commission,
may also receive a grant for that system pursuant to this section, if
all of the following conditions are met:
(A) The system will accomplish the purpose specified in paragraph
(3) of subdivision (a).
(B) The system is an eligible solar energy system.
(C) The system includes adequate battery storage, as determined by
the commission.
(c) Purchasers, sellers, owner-builders, or owner-developers of
the solar energy system may apply for a grant under this section. An
owner-builder or owner-developer of a new single-family dwelling on
which a system is installed may elect not to apply for a grant on a
solar energy system installed on a new single-family dwelling. If an
owner-builder or owner-developer of a new single-family dwelling on
which a system is installed elects not to apply for the grant for a
solar energy system, the purchaser of the dwelling may apply for the
grant. The seller, owner-builder, or owner-developer shall reflect
the amount of the grant received on the purchaser's bill of sale.
(d) The commission shall develop and adopt guidelines to provide
appropriate consumer protection under the grant program and to govern
other aspects of the grant program. The guidelines shall be adopted
at a publicly noticed meeting and all interested parties shall be
provided an opportunity to comment either orally or in writing. Not
less than 30 days notice shall be provided for the public meeting.
Subsequent substantive changes to adopted guidelines shall be adopted
by the commission at a public meeting upon written notice to the
public of not less than 10 days. The guidelines adopted pursuant to
this subdivision are not subject to the requirements of Chapter 3.5
(commencing with Section 11340) of Division 3 of Title 2 of the
Government Code.
(e) The commission shall require installers of solar energy
systems funded through grants under this section to be properly
licensed to do so by the Contractors' State License Board. This
requirement does not apply to the owner of a single-family dwelling
who installs a solar energy system on his or her single-family
dwelling.
(f) The award of a grant pursuant to this section is subject to
appeal to the commission upon a showing that factors other than those
described in the guidelines adopted by the commission were applied
in making the award. Any action taken by an applicant to apply for,
or become or remain eligible to receive an award, including
satisfying conditions specified by the commission, does not
constitute the rendering of goods, services, or a direct benefit to
the commission. Awards made pursuant to this section are not subject
to any repayment requirements of Chapter 7.4 (commencing with
Section 25645).
(g) For the purposes of this section, the following terms have the
following meanings:
(1) "Cost" includes equipment, installation charges, and all
components necessary to carry out the intended use of the system if
those components are an integral part of the system. In the case of
a system that is leased, "cost" means the principal recovery portion
of all lease payments scheduled to be made during the full term of
the lease, which is the cost incurred by the taxpayer in acquiring
the solar energy system, excluding interest charges and maintenance
expenses.
(2) (A) "Eligible solar energy system" means any new, previously
unused solar energy device whose primary purpose is to provide for
the collection, conversion, transfer, distribution, storage, or
control of solar energy for water heating or electricity generation,
and that meets applicable standards and requirements imposed by state
and local permitting authorities, including, but not limited to, the
National Electric Code. Eligible solar energy systems for water
heating purposes shall be certified by the Solar Rating and
Certification Corporation (SRCC) or any other nationally recognized
certification agency that certifies complete systems. Major
components of eligible solar energy systems for electricity
generation shall be listed by a certified testing agency, such as the
Underwriters Laboratory.
(B) "Eligible solar energy system" does not include any of the
following:
(i) Wind energy devices that produce electricity or provide
mechanical work.
(ii) Additions to or augmentation of existing solar energy
systems.
(iii) A device that produces electricity for a structure unless
the device is interconnected and operates in parallel with the
electric grid.
(C) Eligible solar energy systems shall have a warranty of not
less than three years.
(3) "Installed" means placed in a functionally operative state.
(h) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.
SEC. 4. Section 25620.10 is added to the Public Resources Code, to
read:
25620.10. (a) The commission shall develop and implement a grant
program to offset a portion of the costs of eligible distributed
generation systems.
(b) A grant for an eligible distributed generation system shall be
based on either the performance or type of distributed generation
system, as determined by the commission. The amount of the grant
shall not exceed the lesser of 10 percent of the costs of the
eligible distributed generation system or two thousand dollars
($2,000).
(c) An applicant who receives a grant for an eligible distributed
generation system from another program administered by the commission
may also receive a grant for that system pursuant to this section if
the system possesses adequate black-start capability, as determined
by the commission.
(d) Purchasers, sellers, owner-builders, or owner-developers of
the eligible distributed generation system may apply for a grant
under this section. If the owner-developer or owner-builder of the
property on which a system is installed elects to not apply for a
grant under this section, the purchaser of the property may apply for
the grant. The seller, owner-builder, or owner-developer shall
reflect the amount of the grant received on the purchaser's bill of
sale.
(e) The commission shall develop and adopt guidelines to provide
appropriate consumer protection under the grant program and to govern
other aspects of the grant program, which shall be made available to
the public. Not less than 30 days' notice shall be provided for a
public meeting to adopt the guidelines. Public meetings to adopt
subsequent substantive guideline changes require written public
notice of not less than 10 days. The guidelines adopted pursuant to
this subdivision are not subject to the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
(f) The commission shall require installers of eligible
distributed generation systems funded through grants under this
section to be properly licensed to do so by the Contractors' State
License Board.
(g) The award of a grant pursuant to this section is subject to
appeal to the commission upon a showing that factors other than those
adopted by the commission were applied in making the award. Any
action taken by an applicant to apply for, or become or remain
eligible to receive a grant award, including satisfying conditions
specified by the commission, does not constitute the rendering of
goods, services, or a direct benefit to the commission. Awards made
pursuant to this section are not subject to any repayment
requirements of Chapter 7.4 (commencing with Section 25645).
(h) Eligible distributed generation systems shall have a warranty
of not less than three years.
(i) For purposes of this section, the following terms have the
following meanings:
(1) "Black-start capability" means the capability to provide
electricity to the customer in the event of an outage.
(2) "Cost" includes equipment, installation charges and all
components necessary to carry out the intended use of the system if
those components are an integral part of the system. In the case of
a system that is leased, "cost" means the principal recovery portion
of all lease payments scheduled to be made during the full term of
the lease, which is the costs incurred by the customer in acquiring
the distributed generation system, excluding interest charges and
maintenance expenses.
(3) "Distributed generation" means any onsite generation,
interconnected and operating in parallel with the electricity grid,
that is used solely to meet onsite electric load.
(4) "Eligible distributed generation system" means any new,
previously unused distributed generation system, interconnected and
operating in parallel with the electricity grid, certified by the
commission to provide environmental and system reliability benefits
equal to or greater than the following specifications:
(A) Forty percent total fuel-to-energy conversion efficiency for
any nonrenewable fuel system.
(B) Thirty-five percent total fuel-to-energy conversion efficiency
for any renewable fuel system.
(C) Emission of oxides of nitrogen and any other applicable
criteria pollutants that equal or exceed Best Achievable Control
Technology (BACT) for natural gas fired central station powerplants.
The State Air Resources Board shall, in consultation with the
commission, prepare and update specifications for those emissions and
other applicable criteria pollutants.
(D) Ninety percent total system reliability.
(5) Potentially certifiable technologies include all of the
following:
(A) Microcogeneration.
(B) Gas turbines.
(C) Fuel cells.
(D) Electricity storage technologies in systems not eligible for
grants under Section 25619.
(E) Reciprocating internal combustion engines.
(6) "Installed" means placed in a functionally operative state.
(j) This section shall remain in effect only until January 1,
2006, and as of that date is repealed unless a later enacted statute,
that is enacted before January 1, 2006, deletes or extends that
date.
SEC. 5. The State Energy Resources Conservation and Development
Commission shall only implement Sections 25619 and 25620.10 of the
Public Resources Code to the extent that moneys are appropriated for
the purposes of those sections in the annual Budget Act. The
commission may annually expend up to a total of two hundred fifty
thousand dollars ($250,000) of the funds collectively available for
those programs to fund the commission's cost of administering the
programs.