Bill Text: CA AB1014 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Gun violence restraining orders.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 872, Statutes of 2014. [AB1014 Detail]

Download: California-2013-AB1014-Amended.html

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BILL NUMBER: AB 1014	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 28, 2014
	AMENDED IN ASSEMBLY  MAY 8, 2013
	AMENDED IN ASSEMBLY  APRIL 24, 2013
	AMENDED IN ASSEMBLY  APRIL 9, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly  Member   Williams
  Members   Skinner   and Williams

    (   Principal coauthor:   Senator 
 Jackson   ) 
    (   Coauthors:   Assembly Members 
 Alejo,   Bonilla,   Bonta,  
Buchanan,   Levine,   Lowenthal,   Rendon,
  Stone,   and Ting   ) 
    (   Coauthor:   Senator
  Wolk   ) 

                        FEBRUARY 22, 2013

    An act to add and repeal Chapter 7.6 (commencing with
Section 2832) to Part 2 of Division 1 of the Public Utilities Code,
relating to energy.   An act to amend Section 18250 of,
and to add Division 3.2 (commencing with Section 18100) to Title 2 of
Part 6 of, the Penal Code, and to amend Section 8105 of the Welfare
and Institutions Code, relating to firearms. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1014, as amended,  Williams   Skinner
 .  Energy: electrical corporations: green tariff shared
renewable program.   Gun violence restraining orders.
 
   (1) Existing law regulates the sale, transfer, possession, and
ownership of firearms, including prohibiting specified persons from
owning or possessing firearms. Existing law, among other things,
prohibits a person subject to a domestic violence protective order
from owning or possessing a firearm while that order is in effect and
if prohibited by that order.  
   This bill would establish a procedure to obtain a gun violence
restraining order and, when applicable, a firearm seizure warrant,
when a person poses a significant risk of personal injury to himself
or herself or others by possessing a firearm. The bill would
establish the requirements for obtaining a gun violence restraining
order and a firearm seizure warrant and would require, not later than
14 days after the execution of a gun violence restraining order,
and, when applicable, a firearm seizure warrant, a hearing to
determine whether a person who is subject to the order may, among
other things, own or possess a firearm, or whether the seized firearm
should be returned.  
   If it is determined that the person poses a significant risk of
personal injury to himself or herself or others by possessing
firearms, this bill would require law enforcement to retain the
firearm for a period not to exceed one year, would make ownership or
possession, the purchase or receipt, or attempted purchase or receipt
of a firearm by that person a misdemeanor for a period up to one
year, and would require the court to notify the Department of
Justice, as specified. By creating a new crime and by requiring new
duties of local law enforcement, this bill would impose a
state-mandated local program.  
   This bill would authorize a law enforcement agency to request a
renewal of a gun violence restraining order if the agency has
probable cause to believe that a person subject to that restraining
order continues to pose a significant risk of personal injury to
himself or herself or others by possessing a firearm. This bill would
additionally authorize a judge, upon his or her own motion, or upon
request of another person, to issue a renewal of a gun violence
restraining order, as specified.  
   (2) Existing law requires specified law enforcement officers to
take temporary custody of any firearm or deadly weapon in plain sight
or discovered pursuant to a lawful search when present at the scene
of a domestic violence incident involving a threat to human life or
physical assault.  
   This bill would apply the requirements described above to law
enforcement officers serving a gun violence restraining order. 

   (3) Existing law requires the Department of Justice to request
public and private mental hospitals, sanitariums, and institutions to
submit to the department information necessary to identify persons
who are admitted to a specified facility because the person is a
danger to himself, herself, or others, to own, possess, control,
receive, or purchase any firearm. Existing law requires the
department to only use the information for certain specified
purposes.  
   This bill would require the department to use the above-described
information to determine the eligibility of a person who is the
subject to either a gun violence restraining order or a firearm
seizure warrant to acquire, carry, or possess firearms, destructive
devices, or explosives.  
   (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason. 

   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above. 

   (1) Under existing law, the Public Utilities Commission has
regulatory jurisdiction over public utilities, including electrical
corporations, as defined. Existing law authorizes the commission to
fix the rates and charges for every public utility, and requires that
those rates and charges be just and reasonable. Under existing law,
the local government renewable energy self-generation program
authorizes a local government, as defined, to receive a bill credit,
as defined, to be applied to a designated benefiting account for
electricity exported to the electrical grid by an eligible renewable
generating facility, as defined, and requires the commission to adopt
a rate tariff for the benefiting account.  
   This bill would require specified electrical corporations to file
with the commission, by March 1, 2014, an advice letter requesting
the approval of a green tariff shared renewable program. The bill
would require the commission, by July 1, 2014, after notice and
opportunity for public comment, to approve the advice letter if the
commission finds that the proposed program is reasonable and
consistent with specified findings. This bill would require the
commission to require that a green tariff shared renewable program be
administered in accordance with specified provisions. This bill
would repeal these provisions on January 1, 2019.  
   (2) Under existing law, a violation of the Public Utilities Act or
any order, decision, rule, direction, demand, or requirement of the
commission is a crime.  
   Because the provisions of the bill would require action by the
commission to implement its requirements, a violation of these
provisions would impose a state-mandated local program by expanding
the definition of a crime.  
   (3)  The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Division 3.2 (commencing with Section
18100) is added to Title 2 of Part 6 of the   Penal Code
  , to read:  

      DIVISION 3.2.  Gun Violence Restraining Orders


   18100.  (a) A gun violence restraining order is an order, in
writing, in the name of the people, signed by a magistrate,
prohibiting a named person from having under his or her custody or
control, owning, purchasing, possessing, or receiving any firearms
for a period of up to one year.
   (b) A firearm seizure warrant is an order, in writing, in the name
of the people, signed by a magistrate, regarding a person who is
subject to a gun violence restraining order and who is known to own
or possess one or more firearms, which is directed to a peace
officer, commanding him or her to seize any firearms in the
possession of the named person and to bring the unloaded firearm
before the magistrate.
   18101.  (a) Any person may submit an application to the court, on
a form designed by the Judicial Council, setting forth the facts and
circumstances necessitating that a gun violence restraining order be
issued. A gun violence restraining order shall be issued to prohibit
a named person from possessing a firearm if an affidavit, signed by
the applicant under oath, and any additional information provided to
the court demonstrates, to the satisfaction of the court, the named
person poses a significant risk of personal injury to himself or
herself or others by possessing firearms.
   (b) A firearms seizure warrant may not be issued but upon probable
cause, supported by an affidavit, naming or describing with
reasonable specificity the facts and  circumstances justifying the
order and listing any firearm or firearms to be seized pursuant to
the order.
   (c) A firearm described in the firearms seizure warrant may be
taken from any place, or from any person in whose possession the
firearm may be.
   18102.  (a) The magistrate, before issuing the gun violence
restraining order, may examine on oath, the person seeking the order
and any witnesses the person produces, and shall take his or her
affidavit or affidavits in writing, and cause the affidavit or
affidavits to be subscribed by the parties making them.
   (b) In determining whether grounds for a gun violence restraining
order exist, the magistrate shall consider all of the following:
   (1) A recent threat or act of violence by the named person
directed toward others.
   (2) A recent threat or act of violence by the named person
directed toward himself or herself.
   (3) A recent violation of an emergency protective order pursuant
to Section 646.91 or Part 3 (commencing with Section 6240) of
Division 10 of the Family Code.
   (4) A recent violation of a protective order issued pursuant to
Part 4 (commencing with Section 6300) of Division 10 of the Family
Code, Section 136.2, Section 527.6 of the Code of Civil Procedure, or
Section 213.5 or 15657.03 of the Welfare and Institutions Code.
   (5) A conviction for any offense listed in Section 29805.
   (c) In determining whether grounds for a gun violence restraining
order exist, the magistrate may consider any of the following:
   (1) The reckless use, display, or brandishing of a firearm by the
named person.
   (2) The history of use, attempted use, or threatened use of
physical force by the named person against other persons.
   (3) Any prior arrest of the named person for a felony offense.
   (4) Any history of a violation by the named person of an emergency
protective order issued pursuant to Section 646.91 or Part 3
(commencing with Section 6240) of Division 10 of the Family Code.
   (5) Any history of a violation by the named person of a protective
order issued pursuant to Part 4 (commencing with Section 6300) of
Division 10 of the Family Code, Section 136.2, Section 527.6 of the
Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare
and Institutions Code.
   (6) Evidence of recent or ongoing abuse of controlled substances
or alcohol by the named person.
   (7) Evidence of recent acquisition of firearms or other deadly
weapons.
   (d) The affidavit or affidavits shall set forth the facts tending
to establish the grounds of the application, or probable cause for
believing that they exist.
   (e) In lieu of the written affidavit required in subdivision (a),
the magistrate may take an oral statement under oath using the
procedures prescribed in Section 1526.
   18103.  If the magistrate is satisfied of the existence of the
grounds of the application, or that there is probable cause to
believe their existence, he or she shall issue a gun violence
restraining order. If there is also probable cause to believe that
the person has custody or control of or owns a firearm or firearms,
the magistrate shall also issue a firearm seizure warrant, signed by
the magistrate with his or her name of office, to a peace officer in
his or her county, commanding the peace officer to seize any firearms
specified and to retain the firearm or firearms subject to the order
of the court, as provided in Section 18104.
   18104.  (a) (1) A gun violence restraining order shall include all
of the following:
   (A) A statement of the grounds asserted for the order.
   (B) The date and time the order expires.
   (C) The address of the superior court for the district or county
in which the restrained party resides.
   (D) The following statement, which shall be printed in English and
Spanish:

   "To the restrained person: This order will last until the date and
time noted above. You may not own, possess, purchase, or receive, or
attempt to purchase or receive a firearm while this order is in
effect. You are entitled to submit one written request for a hearing
at any time during the effective period of the order for an order
permitting you to own, possess, purchase, or receive a firearm. You
may seek the advice of an attorney as to any matter connected with
the order. The attorney should be consulted promptly so that the
attorney may assist you in any matter connected with the order."

   (2) A firearm seizure warrant shall be substantially in the
following form:

   County of ____.
   The people of the State of California to any peace officer in the
County of ____.
   Proof, by affidavit, having been this day made before me (naming
every person whose affidavit was taken), that there is probable cause
to believe that (person whose firearms are to be seized) poses a
significant risk of personal injury to himself or herself or others
and has possession of one or more firearms, you are therefore
commanded, in the daytime (or at any time of the day or night, as the
case may be, according to Section 1533 of the Penal Code), to search
the person and property of the named person where firearms may be
stored and to seize all firearms in the possession of the named
person and to bring the firearms to a safe and secure location under
the control of the local law enforcement agency.
   Given under my hand, and dated this ____ day of (year).
   _______, Judge of the (applicable) Court.

   (b) When an officer takes property under a firearms seizure
warrant, he or she shall give a receipt for the property taken,
specifying it in detail, to the person from whom it was taken. In the
absence of a person, the officer shall leave the receipt in the
place where he or she found the property.
   (c) When serving a gun violence restraining order, the officer
shall inform the person that he or she may submit one written request
for a hearing, pursuant to Section 18107, at any time during the
effective period of the order and provide the person with a form to
request a hearing.
   (d) All firearms seized pursuant to a firearms seizure warrant
shall be retained by the officer or the law enforcement agency in
custody as provided in Chapter 2 (commencing with Section 33850) of
Division 11 of Title 4 of Part 6, subject to the order of the court
that issued the warrant or to any other court in which an offense in
respect to the firearm is triable.
   18105.  (a) If the location to be searched during the execution of
a firearm seizure warrant is jointly occupied by multiple parties
and a firearm is located during the execution of the seizure warrant,
and it is determined that the firearm is owned by a person other
than the person named in the firearm seizure warrant, the firearm
shall not be seized if all of the following conditions are satisfied:

   (1) The firearm is stored in a manner that the person named in the
firearm seizure warrant does not have access to or control of the
firearm.
   (2) There is no evidence of unlawful possession of the firearm by
the owner.
   (b) If the location to be searched during the execution of a
firearm seizure warrant is jointly occupied by multiple parties and a
gun safe is located, and it is determined that the gun safe is owned
by a person other than the person named in the firearm seizure
warrant, the contents of the gun safe shall not be searched except in
the owner's presence, or with his or her consent, or unless a valid
search warrant has been obtained.
   18106.  (a) Except as provided in subdivision (e), not later than
14 days after the execution of a gun violence restraining order and,
when applicable, a firearm seizure warrant, the court that issued the
order and, when applicable, the seizure warrant, or another court in
that same jurisdiction, shall hold a hearing to determine whether
the person who is the subject of the order may have under his or her
custody or control, own, purchase, possess, or receive firearms and,
when applicable, whether any seized firearms should be returned to
the person named in the warrant.
   (b) At the hearing, the state shall have the burden of proving, by
clear and convincing evidence, that the person poses a significant
risk of personal injury to himself, herself, or others by owning or
possessing the firearm.
   (c) If the named person is found at the hearing to pose a
significant risk of personal injury to himself, herself, or others by
owning or possessing a firearm, the following shall apply:
   (1) The firearm or firearms seized pursuant to the warrant shall
be retained by the law enforcement agency for a period not to exceed
one year or until ownership of the firearm is transferred to a
licensed firearm dealer.
   (2) The named person shall be prohibited from owning or
possessing, purchasing or receiving, or attempting to purchase or
receive a firearm for a period not to exceed one year. A violation of
this paragraph is a misdemeanor.
   (3) The court shall notify the Department of Justice of the gun
violence restraining order no later than two court days after issuing
the order. The court shall also notify the department of any order
restoring the person's ability to own or possess firearms no later
than two court days after issuing the order to restore the person's
right to own or possess any type of firearms that may be lawfully
owned and possessed.
   (d) If the court finds that the state has not met the required
standard of proof, the firearm or firearms seized pursuant to the
warrant shall be returned to the named person pursuant to Chapter 2
(commencing with Section 33850) of Division 11.
   (e) If the person named in the warrant is a person who is
prohibited by law from owning or possessing a firearm for a period of
one year or more by another provision of state or federal law, a
hearing pursuant to subdivision (a) is not required and the court
shall issue an order to hold the firearm until either the person is
no longer prohibited from owning a firearm or the person sells or
transfers ownership of the firearm to a licensed firearm dealer.
   (f) Any notice or report required to be submitted to the
Department of Justice pursuant to this section shall be submitted in
an electronic format, in a manner prescribed by the department.
   (g) If any person claims title to any firearms seized pursuant to
the warrant, the firearm or firearms shall be returned to the lawful
owner pursuant to Chapter 2 (commencing with Section 33850) of
Division 11 of Title 4.
   18107.  (a) A person described in subdivision (c) of Section
18106, may submit one written request at any time during the
effective period of the order for a hearing for an order permitting
the person to own, possess, purchase, or receive a firearm.
   (b) The Judicial Council shall design and furnish the form, in
both English and Spanish, to be used to request a hearing under this
section. Each superior court shall make available the form printed
and distributed by the Judicial Council.
   18108.  (a) (1) When a law enforcement agency has probable cause
to believe that a person subject to a gun violence restraining order,
as defined in Section 18100, continues to pose a significant risk of
personal injury to himself or herself or others by possessing a
firearm, the agency may initiate a request for a renewal of the
order, on a form designed by the Judicial Council, setting forth the
facts and circumstances necessitating the request. A hearing shall be
held in a superior court to determine if a request for renewal of
the order shall be issued.
   (2) The person named in the restraining order shall be given
written notice and an opportunity to be heard on the matter.
   (b) A judge may, upon his or her own motion, or upon request of
another person, issue a renewal of a gun violence restraining order,
as defined in Section 18100, when there is probable cause to believe
that a person subject to the order continues to pose a significant
risk of personal injury to himself or herself or others by possessing
a firearm, after written notice to the person named in the
restraining order and after giving him or her an opportunity for a
hearing.
   18109.  Except as otherwise provided, the provisions of Section
1528 and Sections 1530 to 1535, inclusive, shall apply to this
division. 
   SEC. 2.    Section 18250 of the   Penal Code
  is amended to read: 
   18250.  If any of the following persons is at the scene of a
domestic violence incident involving a threat to human life or a
physical assault, or is serving a protective order as defined in
Section 6218 of the Family Code,  or is serving a gun violence
restraining order as defined in Section 18100,  that person
shall take temporary custody of any firearm or other deadly weapon in
plain sight or discovered pursuant to a consensual or other lawful
search as necessary for the protection of the peace officer or other
persons present:
   (a) A sheriff, undersheriff, deputy sheriff, marshal, deputy
marshal, or police officer of a city, as defined in subdivision (a)
of Section 830.1.
   (b) A peace officer of the Department of the California Highway
Patrol, as defined in subdivision (a) of Section 830.2.
   (c) A member of the University of California Police Department, as
defined in subdivision (b) of Section 830.2.
   (d) An officer listed in Section 830.6, while acting in the course
and scope of the officer's employment as a peace officer.
   (e) A member of a California State University Police Department,
as defined in subdivision (c) of Section 830.2.
   (f) A peace officer of the Department of Parks and Recreation, as
defined in subdivision (f) of Section 830.2.
   (g) A peace officer, as defined in subdivision (d) of Section
830.31.
   (h) A peace officer, as defined in subdivisions (a) and (b) of
Section 830.32.
   (i) A peace officer, as defined in Section 830.5.
   SEC. 3.    Section 8105 of the   Welfare and
Institutions Code   is amended to read: 
   8105.  (a) The Department of Justice shall request each public and
private mental hospital, sanitarium, and institution to submit to
the department  that  information  that
 the department deems necessary to identify those persons
who are  within   subject to the prohibition
specified by  subdivision (a) of Section 8100, in order to carry
out its duties in relation to firearms, destructive devices, and
explosives.
   (b) Upon request of the Department of Justice pursuant to
subdivision (a), each public and private mental hospital, sanitarium,
and institution shall submit to the department  that
 information  which  the department deems
necessary to identify those persons who are  within 
 subject to the prohibition specified by  subdivision (a)
of Section 8100, in order to carry out its duties in relation to
firearms, destructive devices, and explosives.
   (c) A licensed psychotherapist shall report to a local law
enforcement agency, within 24 hours, in a manner prescribed by the
Department of Justice, the identity of a person subject to  the
prohibition specified by  subdivision (b) of Section 8100. Upon
receipt of the report, the local law enforcement agency, on a form
prescribed by the Department of Justice, shall notify the department
electronically, within 24 hours, in a manner prescribed by the
department, of the person who is subject to  the prohibition
specified by  subdivision (b) of Section 8100.
   (d) All information provided to the Department of Justice pursuant
to this section shall be kept confidential, separate, and apart from
all other records maintained by the department. The information
provided to the Department of Justice pursuant to this section shall
be used only for any of the following purposes:
   (1) By the department to determine eligibility of a person to
acquire, carry, or possess firearms, destructive devices, or
explosives.
   (2) For the purposes of the court proceedings described in
subdivision (b) of Section 8100, to determine the eligibility of the
person who is bringing the petition pursuant to paragraph (3) of
subdivision (b) of Section 8100.
   (3) To determine the eligibility of a person to acquire, carry, or
possess firearms, destructive devices, or explosives who is the
subject of a criminal investigation,  or who is the subject of an
investigation into the issuance of either a gun violence restraining
order or a firearm seizure warrant, as defined in Section 18100 of
the Penal Code,  if a part of the  criminal 
investigation involves the acquisition, carrying, or possession of
firearms, explosives, or destructive devices by that person.
   (e) Reports shall not be required or requested under this section
 where   if  the same person has been
previously reported pursuant to Section 8103 or 8104.
   SEC. 4.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.  
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.  
  SECTION 1.    Chapter 7.6 (commencing with Section
2832) is added to Part 2 of Division 1 of the Public Utilities Code,
to read:
      CHAPTER 7.6.  GREEN TARIFF SHARED RENEWABLE PROGRAM


   2832.  The Legislature finds and declares all of the following:
   (a) The creation of renewable energy within California provides
significant financial, health, environmental, and workforce benefits
to the State of California.
   (b) The California Solar Initiative has been extremely successful,
resulting in over 140,000 residential and commercial onsite
installations of solar energy systems. However, it cannot reach all
residents and businesses that want to participate and is limited to
solar. A green tariff shared renewable program seeks to build on this
success by expanding access to renewable energy resources to all
ratepayers who are currently unable to access the benefits of onsite
generation.
   (c) The Governor has proposed the Clean Energy Jobs Plan calling
for the development of 12,000 megawatts of localized electricity
generation by 2020. There is widespread interest from many large
institutional customers, including schools, colleges, universities,
local governments, businesses, and the military, for development of
renewable generation facilities to serve more than 33 percent of
their energy needs.
   (d) Public institutions will benefit from a green tariff shared
renewable program's enhanced flexibility to participate in shared
renewable energy facilities.
   (e) Renewable generation creates jobs, reduces emissions of
greenhouse gases, and promotes energy independence.
   (f) Many large energy users in California have pursued onsite
renewable energy generation, but cannot achieve their goals due to
rooftop or land space limitations, or size limits on net metering.
The enactment of this chapter will create a mechanism whereby
institutional customers such as military installations, universities,
and local governments, as well as commercial customers and groups of
individuals, can efficiently invest in generating electricity from
renewable generation.
   (g) It is the intent of the Legislature that a green tariff shared
renewable program be implemented in such a manner as to facilitate a
large, sustainable market for the purchase of an interest in offsite
renewable generation, while fairly compensating electrical
corporations for the services they provide, without affecting
nonparticipating ratepayers.
   (h) It is the further intent of the Legislature to preserve a
thriving, sustainable agricultural industry, and to ensure that the
development of renewable energy does not remove prime farmland from
productive use without a comprehensive public review process.
   2833.  (a) On or before March 1, 2014, an electrical corporation
with at least 100,000 customers shall file with the commission an
advice letter requesting approval of a green tariff shared renewable
program that the electrical corporation determines is consistent with
the findings specified in Section 2832.
   (b) On or before July 1, 2014, the commission shall issue a
resolution on the electrical corporation's advice letter for a green
tariff shared renewable program, determining whether to approve or
disapprove it, with or without modifications.
   (c) After notice and an opportunity for public comment, the
commission shall approve an advice letter by an electrical
corporation for a green tariff shared renewable program if the
commission determines that the program is reasonable and consistent
with the findings specified in Section 2832.
   (d) This chapter shall not apply to applications by electrical
corporations for a green tariff shared renewable program filed at the
commission prior to May 1, 2013, or to the approval of those
applications by the commission.
   2834.  In implementing this chapter, the commission shall require
a green tariff shared renewable program to be administered in
accordance with this section.
   (a) Electrical corporations shall use existing commission-approved
tools and mechanisms to procure additional renewable energy
resources from incremental, additional renewable generation
facilities, primarily sized 20 megawatts and below.
   (b) The megawatts to be procured under this section are limited to
an allocation of up to 600 megawatts to this program, divided
proportionally among the electrical corporations required to file the
tariff and allocated in equal increments over a
                       five-year period.
   (c) To the extent possible, electrical corporations shall seek to
procure renewable energy supplies that are located within a
reasonable proximity to enrolled participants.
   (d) Electrical corporations shall ensure that the program complies
with diverse procurement and General Order 156 goals.
   (e) Electrical corporations shall not subscribe a participant to
more than two megawatts of generating capacity or the equivalent
amount. This limitation does not apply to a federal, state, or local
government, school, school district, county office of education, the
California Community Colleges, the California State University, or
the University of California. Electrical corporations shall ensure
that no single entity or its affiliates or subsidiaries is awarded
more than 20 percent of any single calendar year's total cumulative
rated generating capacity made available pursuant to this program.
   (f) To the extent possible, the electrical corporation shall
actively market the program to low-income and minority communities
and customers.
   (g) Participating customers are to receive bill credits for the
generation using the class average retail generation rate as
established in the electrical corporation's approved tariff for the
class to which the subscribed belongs plus a renewable adjustment
value representing the difference between the time of day profile of
the renewable resource used to serve the subscribed and the class
average time of day profile and the resource adequacy value, if any,
of the resource contained in this program.
   (h) Participating customers shall pay the administrative costs of
the electrical corporation and pay charges to fully cover the cost of
procuring a green tariff shared renewable program's resources to
serve their needs, consistent with other existing similar voluntary
optional rate schedules. Electrical corporations may provide support
for enhanced community renewable programs to facilitate development
of additional renewable projects closer to load.
   (i) The commission shall ensure that the charges and credits
associated with this program shall be structured to ensure
nonparticipant ratepayer indifference for the remaining, bundled
service, direct access, and community choice aggregation customers
and that no costs are shifted from participating customers to
nonparticipating ratepayers.
   (j) Electrical corporations shall track and account for all
revenues and costs to ensure that the electrical corporation recovers
the actual costs of the program and that all costs and revenues are
fully transparent and auditable.
   (k) Any renewable energy credits associated with an interest shall
be retired by either the provider or electrical corporation, as they
may agree on behalf of the participant or transferred to the Western
Renewable Energy Generation Information System account of that
participant, for the purpose of demonstrating the purchase of
renewable energy. Those renewable energy credits shall not be further
sold, transferred, or otherwise monetized by a party for any
purpose. Any renewable energy credits associated with electricity
paid for by the electrical corporation shall be counted toward
meeting that electrical corporation's renewables portfolio standard.
For the purposes of this subdivision, the terms "renewable energy
credit" and "renewables portfolio standard" have the same meanings as
defined in Section 399.12.
   (l) An electrical corporation shall, in the event of participant
attrition or related factors, apply the additional resources procured
through this program to the electrical corporation's renewable
portfolio standard procurement obligations or banked for future use
to benefit all customers in accordance with renewable portfolio
standard banking and procurement rules.
   (m) In calculating its procurement requirements to meet the
requirements of the California Renewables Portfolio Standard Program
(Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part
1), an electrical corporation may exclude from total retail sales the
kilowatthours generated by a shared renewable energy facility
commencing with the point in time at which the facility achieves
commercial operation.
   (n) This chapter shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.  
  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.