Cal. Code Regs. tit. 20 § 3204

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 3204 - RPS Procurement Requirements

(a) RPS procurement targets for each compliance period:

(1) For the compliance period beginning January 1, 2011, and ending December 31, 2013, a POU shall demonstrate it has procured electricity products sufficient to meet or exceed an average of 20 percent of its retail sales over the three calendar years in the compliance period. The numerical expression of this requirement is:

(EP₂₀₁₁ + EP₂₀₁₂ + EP₂₀₁₃) >= 0.20 (RS₂₀₁₁ + RS₂₀₁₂ + RS₂₀₁₃)

EP_X = Electricity products retired for the specified year X; this may include excess procurement and historic carryover that the POU has chosen to apply to the compliance period containing year X

RS_X = Retail sales made by the POU for the specified year X

No POU may apply Portfolio Content Category 3 RECs in excess of the maximum limit calculated in section 3204(c)(1)(A) toward its RPS procurement target for this period.

(2) For the compliance period beginning January 1, 2014, and ending December 31, 2016, a POU shall demonstrate it has procured electricity products within that period sufficient to meet or exceed the sum of 20 percent of its 2014 retail sales, 20 percent of its 2015 retail sales, and 25 percent of its 2016 retail sales. The numerical expression of this requirement is:

EP₂₀₁₄ + EP₂₀₁₅ + EP₂₀₁₆ >= 0.20(RS₂₀₁₄) + 0.20(RS₂₀₁₅) + 0.25(RS₂₀₁₆)

No POU may apply Portfolio Content Category 3 RECs in excess of the maximum limit calculated in section 3204(c)(2)(A) toward its RPS procurement target for this period.

(3) For the compliance period beginning January 1, 2017, and ending December 31, 2020, a POU shall demonstrate it has procured electricity products within that period sufficient to meet or exceed the sum of 27 percent of its 2017 retail sales, 29 percent of its 2019 retail sales, 31 percent of its 2019 retail sales, and 33 percent of its 2020 retail sales. The numerical expression of this requirement is:

(EP₂₀₁₇ + EP₂₀₁₉ + EP₂₀₁₉ + EP₂₀₂₀) >= 0.27(RS₂₀₁₇) + 0.29(RS₂₀₁₈) + 0.31(RS₂₀₁₉) + 0.33(RS₂₀₂₀)

EP_X = Electricity products applied to the specified year X toward the RPS procurement target for the compliance period containing year X. This may include electricity products retired for and applied to year X, subject to the Portfolio Content Category 3 limit calculated in section 3204(c), and excess procurement pursuant to section 3206(a)(1) and historic carryover pursuant to section 3206(a)(5) that the POU has applied to year X.

RS_X = Retail sales made by the POU for the specified year X

No POU may apply Portfolio Content Category 3 RECs in excess of the maximum limit calculated in section 3204(c)(3)(A) toward its RPS procurement target for this period.

(4) For the compliance period beginning January 1, 2021, and ending December 31, 2024, a POU shall demonstrate it has procured electricity products within that period sufficient to meet or exceed the sum of 35.75 percent of its 2021 retail sales, 38.50 percent of its 2022 retail sales, 41.25 percent of its 2023 retail sales, and 44.00 percent of its 2024 retail sales. The numerical expression of this requirement is:

(EP₂₀₂₁ + EP₂₀₂₂ + EP₂₀₂₃ + EP₂₀₂₄) >= 0.3575 (RS₂₀₂₁) + 0.3850 (RS₂₀₂₂) + 0.4125 (RS₂₀₂₃) + 0.4400 (RS₂₀₂₄)

No POU may apply Portfolio Content Category 3 RECs in excess of the maximum limit calculated in section 3204(c)(3)(A) toward its RPS procurement target for this period.

(5) For the compliance period beginning January 1, 2025, and ending December 31, 2027, a POU shall demonstrate it has procured electricity products within that period sufficient to meet or exceed the sum of 46.00 percent of its 2025 retail sales, 50.00 percent of its 2026 retail sales, and 52.00 percent of its 2027 retail sales. The numerical expression of this requirement is:

EP₂₀₂₅ + EP₂₀₂₆ + EP₂₀₂₇ >= 0.4600(RS₂₀₂₅) + 0.5000(RS₂₀₂₆) + 0.5200(RS₂₀₂₇)

No POU may apply Portfolio Content Category 3 RECs in excess of the maximum limit calculated in section 3204(c)(3)(A) toward its RPS procurement target for this period.

(6) For the compliance period beginning January 1, 2028, and ending December 31, 2030, a POU shall demonstrate it has procured electricity products within that period sufficient to meet or exceed the sum of 54.67 percent of its 2028 retail sales, 57.33 percent of its 2029 retail sales, and 60.00 percent of its 2030 retail sales. The numerical expression of this requirement is:

EP₂₀₂₈ + EP₂₀₂₉ + EP₂₀₃₀ >= 0.5467(RS₂₀₂₈) + 0.5733(RS₂₀₂₉) + 0.6000(RS₂₀₃₀)

No POU may apply Portfolio Content Category 3 RECs in excess of the maximum limit calculated in section 3204(c)(3)(A) toward its RPS procurement target for this period.

(7) Compliance periods beginning on and after January 1, 2031, shall be three years in length starting on January 1 and ending on December 31. For each compliance period beginning on or after January 1, 2031, a POU shall demonstrate it has procured electricity products within the compliance period sufficient to meet or exceed an average of 60.00 percent of the POU's retail sales over the three calendar years of the compliance period. The numerical expression of this requirement is:

EP_x1 + EP_x2 + EP_x3 >= 0.6000 (RS_x1) + 0.6000 (RS_x2) + 0.6000 (RS_x3)

No POU may apply Portfolio Content Category 3 RECs in excess of the maximum limit calculated in section 3204(c)(3)(A) toward its RPS procurement target for this period.

(b) Exemptions and Adjustments

(1) For a POU that is a joint powers authority of districts established pursuant to state law on or before January 1, 2005, that furnishes electric services other than to residential customers, and is formed pursuant to the Irrigation District Law (Division 11 [commencing with section 20500] of the Water Code), the percentage of retail sales, upon which the RPS procurement targets in section 3204(a)(1)-(7) are calculated, shall be based on that POU's average annual retail sales over the seven years preceding the end of each year within that compliance period. (For example, for the compliance period ending December 31, 2013, the retail sales for 2011 shall equal the average annual retail sales for January 1, 2005 - December 31, 2011, the retail sales for 2012 shall equal the average annual retail sales for January 1, 2006 - December 31, 2012, and the retail sales for 2013 shall equal the average annual retail sales for January 1, 2007 - December 31, 2013.) If the POU has not furnished electric service for the seven years preceding the end of a compliance period, then the calculation shall be based on average annual retail sales over the number of completed years during which the authority has provided electric service.

(2) Notwithstanding section 3204(a)(1)-(7), section 3204(c)(1)-(3), or section 3204(d), a POU that meets the criteria listed in Public Utilities Code section 399.30(g) shall be deemed to be in compliance with the RPS procurement requirements.

(A) A POU shall demonstrate that it meets the criteria listed in section 399.30(g) by providing the Commission documentation showing the POU receives all of its electricity pursuant to a preference right adopted and authorized by the United States Congress pursuant to section 4 of the Trinity River Division Act of August 12, 1955 (Public Law 84-386). The documentation shall include a copy of any written notice filed with the United States Secretary of the Interior or the Western Area Power Administration declaring the POU's intent to exercise its preference rights under the Trinity River Diversion Act and any integrated resource plan filed with the Western Area Power Administration confirming the POU's election to receive all of its electricity pursuant to its preference rights, and any updates or amendments to those written notices and integrated resource plans. The POU shall initially submit documentation to the Commission within 30 calendar days of the effective date of these regulations. Thereafter, the POU shall submit to the Commission a copy of any new or updated written notices or integrated resource plans filed with the United States Secretary of the Interior or the Western Area Power Administration. Copies of such notices and plans shall be submitted to the Commission within 30 calendar days of the date the notices and plans are filed with the United States Secretary of the Interior or the Western Area Power Administration. The Commission may request additional documentation if necessary to determine whether the POU meets the criteria listed in Public Utilities Code section 399.30(g).

(3) Notwithstanding section 3204(a)(1)-(7), section 3204(c)(1)-(3), or section 3204(d), a POU that meets the criteria listed in Public Utilities Code section 399.30(j) shall be deemed to be in compliance with the RPS procurement requirements for a given calendar year if all of the POU's electricity demand in that calendar year is satisfied with its qualifying hydroelectric generation or if the POU meets the requirements of section 3204(b)(3)(D).

(A) For purposes of this section 3204(b)(3), "qualifying hydroelectric generation" is generation from a facility that meets the following criteria:

1. The facility is located within the state.

2. The facility is owned and operated by the POU.

3. The facility is a hydroelectric facility but does not meet the definition of a renewable electrical generation facility and is not RPS-certified based on the definition of a renewable electrical generation facility.

(B) For purposes of this section 3204(b)(3), "electricity demand" means consumption of electricity by all end-use customers and their tenants, including but not limited to the POU itself, measured in MWh.

(C) A POU shall demonstrate that it meets the criteria listed in Public Utilities Code section 399.30(j) by providing the Commission documentation showing the POU received at least an average of 67 percent of its electricity demand in the twenty years preceding each compliance period from qualifying hydroelectric generation. The POU shall initially submit documentation for the twenty years immediately preceding January 1, 2017 by March 31, 2017. New documentation shall be submitted within 90 calendar days of the end of each subsequent compliance period.

(D) If a POU meeting the criteria listed in Public Utilities Code section 399.30(j) has electricity demand unsatisfied by its qualifying hydroelectric generation in any given year, the POU shall procure electricity products equal to the lesser of the following:

1. The portion of the POU's electricity demand unsatisfied by the POU's qualifying hydroelectric generation.

2. The soft target listed in section 3204(a)(1)-(7) corresponding to the year during which the POU's qualifying hydroelectric generation was insufficient to meet its annual electricity demand.

(4) A POU that meets the criteria of Public Utilities Code section 399.30(h) shall not be subject to the requirements in section 3204(c)(1)-(3). A POU shall demonstrate that it meets the criteria listed in Public Utilities Code section 399.30(h) by providing the Commission documentation showing the POU was in existence on or before January 1, 2009, that it provides retail electric service to 15,000 or fewer customer accounts in California, and that it is interconnected to a balancing authority primarily located outside California but within the WECC.

(5) A POU that meets the criteria of Public Utilities Code section 399.18 shall not be subject to the requirements in section 3204(c)(1)-(3). A POU shall demonstrate that it meets these criteria by providing the Commission documentation showing that the POU is a successor to an electrical corporation that had 1,000 or fewer customer accounts in California as of January 1, 2010, and was not interconnected to any transmission system or to the Independent System Operator as of January 1, 2010, and continues to meet these criteria during the applicable compliance period.

(6) Notwithstanding section 3204(a)(2)-(3), from January 1, 2014, through December 31, 2018, a POU that receives greater than 50 percent of its annual retail sales from its qualifying hydroelectric generation that is not an eligible renewable energy resource may reduce the amount of eligible renewable energy resources it must procure to satisfy the RPS procurement target for a compliance period.

(A) For purposes of this section 3204(b)(6), "qualifying hydroelectric generation" is generation from a facility that meets the following criteria:

1. The facility is owned solely and operated by the POU as of 1967.

2. The facility serves a POU with a distribution system demand of less than 150 megawatts.

3. The facility was involved in a contract in which an electrical corporation received the benefit of the electric generation through June 2014, at which time the benefit reverted back to the ownership and control of the POU. The POU is not required to apply the electric generation from the facility toward its own load to meet this criterion.

4. The facility has a maximum penstock flow capacity of no more than 3,200 cubic feet per second and includes a regulating reservoir with a small hydroelectric generation facility producing fewer than 20 megawatts with a maximum penstock flow capacity of no more than 3,000 cubic feet per second.

5. The facility generation does not result from an increase in the amount of water stored by a dam because the dam is enlarged or otherwise modified after December 31, 2012.

6. For the compliance period beginning January 1, 2014, ending December 31, 2016, the facility is not an eligible renewable energy resource.

7. For the compliance period beginning January 1, 2014, ending December 31, 2016, qualifying hydroelectric generation does not include that portion of the hydroelectric generation that satisfies the criteria of section 399.12.5(b) of the Public Utilities Code, and with respect to that portion of the generation, the facility is an RPS-certified facility.

(B) For the compliance period beginning January 1, 2014, ending December 31, 2016, a POU that receives greater than 50 percent of its annual retail sales from its qualifying hydroelectric generation shall not be required to procure additional electricity products for the compliance period in excess of either the portion of its retail sales not supplied by qualifying hydroelectric generation or the POU's cost limitation adopted pursuant to section 3206(a)(3).

1. A POU shall demonstrate that it receives greater than 50 percent of its annual retail sales from qualifying hydroelectric generation by providing the Commission documentation showing that the annual average qualifying hydroelectric generation produced in the twenty years preceding the compliance period beginning January 1, 2014, or the entire generating history of the qualifying hydroelectric generation facility, whichever is less, is greater than 50 percent of the POU's retail sales for the year preceding the compliance period. The documentation shall identify the amount of any hydroelectric generation that resulted from an increase in the amount of water stored by a dam, because the dam was enlarged or otherwise modified after December 31, 2012. The POU shall initially submit documentation for the twenty years immediately preceding January 1, 2014, or the entire generating history of the qualifying hydroelectric generation facility, within 30 calendar days of the effective date of these regulations.

2. If a POU that receives greater than 50 percent of its annual retail sales from its qualifying hydroelectric generation has retail sales unsatisfied by its qualifying hydroelectric generation for the compliance period beginning January 1, 2014, ending December 31, 2016, the POU shall procure electricity products equal to the lesser of the following for the compliance period:

i. The portion of the POU's retail sales unsatisfied by the POU's qualifying hydroelectric generation.

ii. The target listed in section 3204(a)(2).

iii. The quantity that may be procured in accordance with the POU's adopted cost limitation pursuant to section 3206(a)(3).

(C) Between January 1, 2017, and December 31, 2018, a POU that receives greater than 50 percent of its annual retail sales from its qualifying hydroelectric generation in 2017 or 2018 shall procure electricity products equal to the lesser of the following for the relevant year of the compliance period beginning January 1, 2017, ending December 31, 2020:

1. The portion of the POU's retail sales unsatisfied by the POU's qualifying hydroelectric generation.

2. The soft target listed in section 3204(a)(3) for that year of the compliance period.

3. The quantity that may be procured in accordance with the POU's adopted cost limitation pursuant to section 3206(a)(3).

(D) A POU that receives greater than 50 percent of its annual retail sales from its qualifying hydroelectric generation shall be subject to the requirements in section 3204(c)(1)-(3).

(7) Notwithstanding section 3204(a)(2)-(3), between January 1, 2016, and December 31, 2018, a POU that receives more than 50 percent of its annual retail sales from large hydroelectric generation during a given year of a compliance period is not required to procure electricity products that exceed the lesser of the portion of the POU's retail sales unsatisfied by the POU's large hydroelectric generation or the soft target for the relevant year of the compliance period.

(A) For purposes of this section 3204(b)(7), "large hydroelectric generation" is generation from a hydroelectric facility that meets the following criteria:

1. The facility is not an eligible renewable energy resource pursuant to Public Utilities Code section 399.12(e).

2. The generation is not incremental generation that results from efficiency improvements to a large hydroelectric generation facility eligible for the RPS pursuant to Public Utilities Code section 399.12.5(b), and with respect to that incremental generation, the facility is an RPS-certified facility.

3. The facility providing electricity to the POU is owned by:

i. The federal government as part of the federal Central Valley Project; or

ii. A joint powers agency.

4. The generation is procured by a POU under an existing agreement effective as of January 1, 2015, or from an extension or renewal of that agreement.

i. For purposes of this section 3204(b)(7), an extension or renewal of an agreement between a POU and a joint powers agency includes an amendment that renews or extends the existing agreement as contemplated under the administration of the agreement effective as of January 1, 2015.

ii. In the event that an extension or renewal of an agreement between a POU and a joint powers agency increases the percentage allocated to the POU, only generation procured under the renewal or extension up to the maximum allocation under the terms of the existing agreement shall count as large hydroelectric generation.

(B) Any generation that does not meet the criteria of section 3204(b)(7)(A) or that is not applied to the POU's retail sales shall be subtracted from the POU's large hydroelectric generation for purposes of determining whether a POU receives greater than 50 percent of its retail sales from large hydroelectric generation and calculating the procurement requirement exemption in section 3204(b)(7)(D).

(C) A POU that is a joint powers authority of districts established pursuant to state law on or before January 1, 2005, that furnishes electric services other than to residential customers, and is formed pursuant to the Irrigation District Law (Division 11 [commencing with section 20500] of the Water Code), shall use its annual retail sales, not the average retail sales calculated in section 3204(b)(1), for purposes of determining whether the POU receives greater than 50 percent of its retail sales from large hydroelectric generation and calculating the procurement requirement exemption in section 3204(b)(7)(D).

(D) If a POU receives greater than 50 percent of its retail sales from its large hydroelectric generation in any given year between January 1, 2016, and December 31, 2018, the POU shall procure electricity products equal to the lesser of the following for the relevant year:

1. The portion of the POU's retail sales unsatisfied by the POU's large hydroelectric generation.

2. The soft target listed in section 3204(a)(2) or (a)(3) for the intervening year of the relevant compliance period.

(E) A POU that qualifies for the procurement requirement exemption under this section 3204(b)(7) shall be subject to the requirements in section 3204(c)(1)-(3), unless the POU also meets the criteria of section 3204(b)(4) or (b)(5).

(8) Notwithstanding section 3204(a)(3)-(6), from January 1, 2019, through December 31, 2030, a POU that receives more than 40 percent of its annual retail sales from large hydroelectric generation during a given year of a compliance period is not required to procure electricity products that exceed the lesser of the portion of the POU's retail sales unsatisfied by the POU's large hydroelectric generation, or the soft target for the relevant year of the compliance period.

(A) For purposes of this section 3204(b)(8), "large hydroelectric generation" meets the definition in Public Utilities Code section 399.30(k)(1), subject to the following:

1. The generation is not incremental generation that results from efficiency improvements to a large hydroelectric generation facility eligible for the RPS pursuant to Public Utilities Code section 399.12.5(b).

2. The generation is procured by a POU under an ownership agreement or contract in effect as of January 1, 2018. Procurement from an extension or renewal of that agreement shall not be eligible to count as large hydroelectric generation for the purposes of this section 3204(b)(8) unless the agreement was in effect on January 1, 2015, between the POU and the Western Area Power Administration or the federal government as part of the federal Central Valley Project.

i. For purposes of this section 3204(b)(8), an extension or renewal of an agreement between a POU and the Western Area Power Administration or the federal government as part of the federal Central Valley Project includes an amendment that renews or extends the existing agreement as contemplated under the administration of the agreement in effect on January 1, 2015, or included in the Western Area Power Administration's Power Marketing Plan.

ii. In the event that an extension or renewal of an agreement between a POU and the Western Area Power Administration or the federal government as part of the federal Central Valley Project increases the percentage allocated to the POU, only generation procured under the renewal or extension up to the maximum allocation under the terms of the agreement in effect on January 1, 2015, shall count as large hydroelectric generation.

(B) Any generation that does not meet the criteria of section 3204(b)(8)(A) or that is not applied to the POU's retail sales must be subtracted from the POU's large hydroelectric generation for purposes of determining whether the POU receives greater than 40 percent of its retail sales from large hydroelectric generation and calculating the procurement requirement exemption in section 3204(b)(8)(D).

(C) A POU that is a joint powers authority of districts established pursuant to state law on or before January 1, 2005, that furnishes electric services other than to residential customers, and is formed pursuant to the Irrigation District Law (Division 11 [commencing with section 20500] of the Water Code), shall use its annual retail sales, not the average retail sales calculated in section 3204(b)(1), for purposes of determining whether a POU receives greater than 40 percent of its retail sales from large hydroelectric generation and calculating the procurement requirement exemption in section 3204(b)(8)(D).

(D) If a POU receives greater than 40 percent of its retail sales from large hydroelectric generation in any given year within a compliance period, the POU shall procure electricity products equal to the lesser of the following for the relevant year of the compliance period:

1. The portion of the POU's retail sales unsatisfied by the POU's large hydroelectric generation.

2. The soft target listed in section 3204(a)(3)-(7) for that the intervening year of the relevant compliance period.

(E) A POU that qualifies for the procurement requirement exemption under this section 3204(b)(8) shall be subject to the requirements in section 3204(c)(1)-(3), unless the POU also meets the criteria of section 3204(b)(4) or (b)(5), and subject to the requirements in section 3204(d).

(9) Beginning January 1, 2014, a POU may exclude from its retail sales the MWhs generated by an eligible renewable energy resource that is credited to customers participating in the POU's voluntary green pricing or shared renewable generation program.

(A) For purposes of this section 3204(b)(9), a "voluntary green pricing or shared renewable generation program" refers to a program through which a participating customer of the POU may elect to have some or all of its retail sales needs satisfied with electricity products procured by the POU from specified eligible renewable energy resources or specified types of eligible renewable energy resources.

(B) A POU may exclude from its retail sales the electricity products credited to a participating customer in a voluntary green pricing or shared renewable generation program if all of following requirements are met:

1. The electricity products are generated by an RPS-certified facility.

2. The electricity products satisfy the criteria of Portfolio Content Category 1, as specified in section 3203(a). Electricity products that meet the criteria of section 3202(a)(2) may be excluded if they also satisfy the criteria of Portfolio Content Category 1.

i. For POUs that meet the criteria of section 3204(b)(4), bundled electricity products may be used if generated by eligible renewable energy resources with a first point of interconnection within the metered boundaries of the balancing authority area in which the POU is located or scheduled into the balancing authority area in which the POU is located without substituting electricity from another source.

3. The RECs associated with the electricity products are retired in a WREGIS subaccount designated for the benefit of participating customers. These RECs shall not be counted toward compliance with the POU's RPS procurement requirements and shall not be further sold, transferred, or otherwise monetized for any purpose.

i. For purposes of this section 3204(b)(9), "monetized" means to earn revenue or financial value from the RECs that are retired in a WREGIS subaccount designated for the benefit of participating customers, other than the revenue earned through the tariff or subscription for the voluntary green pricing or shared renewable generation program.

4. To the extent possible, the POU sought to procure the electricity products from RPS-certified facilities that are located in a California balancing authority area.

i. For POUs that meet the criteria of section 3204(b)(4), the POUs must seek to procure the electricity products from RPS-certified facilities that are located in the balancing authority in which the POU is located.

(C) For the purposes of calculating the RPS procurement requirements, a POU that qualifies for the retail sales exclusion under this section 3204(b)(9) for a given year may exclude from its retail sales for that year the quantity of electricity products that meet the criteria of section 3204(b)(9)(B).

(10) Notwithstanding section 3204(a)(4), for the compliance period beginning January 1, 2021, and ending December 31, 2024, a POU that has qualifying procurement of coal-fired generation may reduce the amount of eligible renewable energy resources it must procure to satisfy the RPS procurement target, subject to the following:

(A) For the purpose of this section 3204(b)(10), qualifying procurement of coal-fired generation means coal-fired generation that is procured pursuant to "unavoidable long-term contracts and ownership agreements" that satisfy the criteria of Public Utilities Code section 399.30 (I)(1)(A).

(B) The POU must demonstrate in its renewable energy resources procurement plan adopted pursuant to section 3205 all of the following:

1. The POU has an obligation for qualifying procurement of coal-fired generation. Coal-fired generation means electricity generated by a power plant that is located outside California using coal as the fuel source.

2. The qualifying procurement of coal-fired generation is procured by the POU pursuant to a contract or ownership agreement exceeding 10 years in duration that was originally executed by the POU before June 1, 2010, and that was not subsequently modified to result in an extension of the duration of the contract or ownership agreement or result in an increase in the total quantities of electricity delivered to the POU during any compliance period.

3. The POU cannot cancel or divest itself from the qualifying procurement of coal-fired generation without incurring a significant economic harm to its retail customers that cannot be mitigated through the resale of the generation or the facility, transfer of the generation or facility to another entity, early closure of the facility, or other feasible measures.

(C) The POU may reduce its RPS procurement target for the compliance period to the greater of the following two quantities:

1. The quantity that would allow the POU's total procurement of electricity products from eligible renewable energy resources during the compliance period, when combined with its qualifying procurement of coal-fired generation during the compliance period, to not exceed the

POU's retail sales during the compliance period. The numerical expression for this procurement quantity is:

(EP₂₀₂₁ + EP₂₀₂₂ + EP₂₀₂₃ + EP₂₀₂₄) = (RS₂₀₂₁ + RS₂₀₂₂ + RS₂₀₂₃ + RS₂₀₂₄) - QP

EP_X = Electricity products applied to the specified year X toward the RPS procurement target. This may include electricity products retired for and applied to year X, subject to the Portfolio Content Category 3 limit calculated in section 3204(c), and excess procurement pursuant to section 3206(a)(1) and historic carryover pursuant to section 3206(a)(5) that the POU has applied to year X

RS_X = Retail sales made by the POU for the specified year X

QP = Total amount of qualifying procurement of coal-fired generation for the compliance period.

2. The quantity that would allow the POU's total procurement of electricity products from eligible renewable energy resources during the compliance period to average 33 percent of the POU's retail sales for the compliance period. The numerical expression for this procurement quantity is:

(EP₂₀₂₁ + EP₂₀₂₂ + EP₂₀₂₃ + EP₂₀₂₄) = 0.3300 (RS₂₀₂₁) + 0.3300 (RS₂₀₂₂) + 0.3300 (RS₂₀₂₃) + 0.3300 (RS₂₀₂₄)

(D) The procurement target for the compliance period beginning January 1, 2021, for a qualifying POU, will be calculated using the actual retail sales as reported in accordance with section 3207(c) and the quantity of qualifying procurement of coal-fired generation as reported in accordance with section 3207(I).

(11) Notwithstanding section 3204(a)(5)-(7), a POU that owns a qualifying gas-fired power plant may reduce the amount of eligible renewable energy resources that it procures for a compliance period beginning January 1, 2025, subject to the following:

(A) For purposes of this section 3204(b)(11), "qualifying gas-fired power plant" is a facility that satisfies the criteria of Public Utilities Code section 399.33(a).

(B) The qualifying gas-fired power plant must be operating at or below a 20 percent capacity factor on an annual average during the compliance period in order to reduce the RPS procurement target for the compliance period.

1. For purposes of this section 3204(b)(11)(B), the capacity factor on an annual average during the compliance period is calculated as the total annual generation produced by the power plant divided by the total annual generation the power plant could have produced that year if it had operated at nameplate capacity for the entire year.

The numerical expression to determine capacity factor on an annual average during the compliance period is:

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G_X = Quantity of generation from a gas-fired power plant for year X of the compliance period

C_X = Quantity of generation that the gas-fired power plant could have produced for year X if it had operated at nameplate capacity for the entire year

(C) Additional procurement of eligible renewable energy resources or zero-carbon resources resulted in the power plant operating at, or below, a 20 percent capacity factor on an annual average during the compliance period.

(D) The POU has attempted to mitigate against the reduction of generation to below 20 percent of the qualifying gas-fired power plant's total capacity by attempting to sell the power plant or attempting to sell the generation from the power plant to the extent it is practicable and does not result in resource shuffling. For purposes of this subdivision, "resource shuffling" is defined in Chapter 1 (commencing with Section 95800) of Division 3 of Title 17 of the California Code of Regulations.

(E) The POU has procured eligible renewable energy resources equal to 45 percent of its retail sales by December 31, 2027, 50 percent by 2030, and 50 percent for each three-year multiyear compliance period thereafter, and reasonable progress in each of the intervening years of these compliance periods.

The numerical expression of this requirement for the compliance period beginning January 1, 2025, ending December 31, 2027, is:

(EP₂₀₂₅ + EP₂₀₂₆ + EP₂₀₂₇) = 0.4167 (RS₂₀₂₅) + 0.4333 (RS₂₀₂₆) + 0.4500 (RS₂₀₂₇)

The numerical expression of this requirement for the compliance period beginning January 1, 2028, ending December 31, 2030, is:

(EP₂₀₂₈ + EP₂₀₂₉ + EP₂₀₃₀) = 0.4667 (RS₂₀₂₈) + 0.4833 (RS₂₀₂₉) + 0.5000 (RS₂₀₃₀)

The numerical expression of this requirement for the three-year compliance period beginning January 1, 2031, and subsequent three-year compliance periods is:

(EP_X1 + EP_X2 + EP_X3) = 0.5000 (RS_X2) + 0.5000 (RS_X2) + 0.5000(RS_X2)

EP_X = Electricity products applied to the specified year X toward the RPS procurement target for the compliance period containing year X. This may include electricity products retired for and applied to year X, subject to the Portfolio Content Category 3 limit calculated in section 3204(c), and excess procurement pursuant to section 3206(a)(1) and historic carryover pursuant to section 3206(a)(5) that the POU has applied to year X.

RS_X = Retail sales made by the POU for the specified year X

(F) A POU that satisfies the conditions of section 3204(b)(11)(B)-(D) may reduce its procurement target for the compliance period calculated in section 3204(a) by the difference between the gas-fired power plant's actual generation for the compliance period and the amount of generation it could have produced if it had operated at a 20 percent capacity factor on an annual average during the compliance period.

(G) The reduction of the procurement target will be calculated using the quantity of qualifying gas-fired generation as reported in accordance with section 3207(m).

(H) This procurement requirement reduction shall be available only until December 31 of the calendar year during which the qualifying gas-fired power plant's original term of bonded indebtedness expires.

(I) A POU must notify the Commission no later than April 1, 2019, of its intent to act pursuant to this exemption.

(c) In meeting the RPS procurement targets as defined in section 3204(a), each POU shall also be subject to the following portfolio balance requirements:

(1) For the compliance period beginning January 1, 2011, and ending December 31, 2013:

(A) No more than 25 percent of electricity products that meet the criteria of section 3202(a)(1) and credited toward the RPS procurement target shall meet the definition of Portfolio Content Category 3 specified in section 3203(c).

The numerical expression of this requirement is:

PCC3_2011-2013 [LESS THAN EQUAL TO] 0.25 x (POST_2011-2013)

PCC3_X = Electricity products retired and applied toward the RPS procurement target for compliance period X that must meet the criteria of section 3202(a)

POST_X = Portion of electricity products procured pursuant to a contract or ownership agreement executed on or after June 1, 2010, that is retired and applied toward the RPS procurement target for compliance period X

(B) Not less than 50 percent of electricity products that meet the criteria of section 3202(a)(1) and credited toward the RPS procurement target shall meet the definition of Portfolio Content Category 1 specified in section 3203(a).

The numerical expression of this requirement is:

PCC1_2011-2013 >= 0.50 x (POST_2011-2013)

PCC1_X = Electricity products retired and applied to the RPS procurement target for compliance period X that must meet the criteria of section 3202(a)(1) and the definition of Portfolio Content Category 1 specified in section 3203(a)

(2) For the compliance period beginning January 1, 2014, and ending December 31, 2016:

(A) No more than 15 percent of electricity products that meet the criteria of section 3202(a)(1) and credited toward the RPS procurement target shall meet the definition of Portfolio Content Category 3 specified in section 3203(c).

The numerical expression of this requirement is:

PCC3_2014-2016< 0.15 x (POST_2014-2016)

(B) Not less than 65 percent of electricity products that meet the criteria of section 3202(a)(1) and credited toward the RPS procurement target shall meet the definition of Portfolio Content Category 1 specified in section 3203(a).

The numerical expression of this requirement is:

PCC1_2014-2016 >= 0.65 x (POST_2014-2016)

(3) For the compliance period beginning January 1, 2017, and each compliance period thereafter:

(A) No more than 10 percent of electricity products that meet the criteria of section 3202(a)(1) applied toward the RPS procurement target shall meet the definition of Portfolio Content Category 3 specified in section 3203(c).

The numerical expression of this limit is:

PCC3_X [LESS THAN EQUAL TO] 0.10 x (RPS_I,X - PRE_X)

PCC3_X = The maximum portion of electricity products applied toward the RPS procurement target for compliance period X that meets the criteria of section 3202(a)(1) and the definition of Portfolio Content Category 3 specified in section 3203(c)

RPS_I,X = The RPS procurement target calculated in section 3204(a) for compliance period X or, if less than the target, the sum of electricity products retired for compliance period X and excess procurement pursuant to section 3206(a)(1) or historic carryover pursuant to section 3206(a)(5) that the POU has applied toward the target

PRE_X = The portion of electricity products applied toward the RPS procurement target for compliance period X that meets the criteria of section 3202(a)(2) or (a)(3) or is historic carryover pursuant to section 3206(a)(5)

(B) Not less than 75 percent of electricity products that meet the criteria of section 3202(a)(1) and applied toward the RPS procurement target shall meet the definition of Portfolio Content Category 1 specified in section 3203(a).

The numerical expression of this requirement is:

PCC1_X >= 0.75 x (RPS_X - PRE_X)

PCC1_X = The minimum portion of electricity products applied toward the RPS procurement target for compliance period X that must meet the criteria of section 3202(a)(1) and the definition of Portfolio Content Category 1 specified in section 3203(a)

RPS_X = The RPS procurement target calculated in section 3204(a) for compliance period X or, if less than the target, the sum of electricity products retired for compliance period X and excess procurement pursuant to section 3206(a)(1) or historic carryover pursuant to section 3206(a)(5) that the POU has applied toward the target, subject to the Portfolio Content Category 3 limit for compliance period X

(4) Except as otherwise required by this section 3204(c), electricity products meeting the definition of Portfolio Content Category 2 specified in section 3203(b) may be used to meet RPS procurement requirements.

(d) Long-term procurement requirement

(1) For the compliance period beginning January 1, 2021, and each compliance period thereafter, at least 65 percent of the electricity products applied toward the RPS procurement target shall be from long-term procurement. The numerical expression of this requirement is:

LT_X = 0.65 (RPS_X)

LT_X = Electricity products applied toward the RPS procurement target for compliance period X that must meet the criteria of long-term procurement provided in section 3204(d)(2)

RPS_X = The RPS procurement target calculated in section 3204(a) for compliance period X or, if less than the target, the sum of electricity products retired and any excess procurement pursuant to section 3206(a)(1) or historic carryover pursuant to section 3206(a)(5) that the POU has applied to the target, subject to the Portfolio Content Category 3 limit for compliance period X

(A) For a POU qualifying for a special exemption or adjustment in accordance with section 3204(b), the 65 percent requirement will be assessed on the quantity of electricity products necessary to satisfy the RPS procurement target resulting from the exemption or adjustment.

(2) Electricity products will be classified as long-term or short-term based on the contracts, ownership, or ownership agreements through which they are procured. For the purpose of this section 3204(d), long-term procurement refers to procurement from long-term contracts, ownership, or ownership agreements, subject to the following:

(A) A long-term contract is defined as a POU's contract to procure a nonzero quantity of electricity products from an RPS-certified facility for a duration of at least 10 continuous years, consistent with section 3204(d)(2)(B) and (C)

(B) A long-term contract includes the following contract structures:

1. A jointly negotiated contract to procure electricity products from one or more RPS-certified facilities, if the procurement duration for each facility is at least 10 continuous years and each POU procures electricity products for at least 10 continuous years. For purposes of this subdivision, a jointly negotiated contract includes the following:

i. A joint contract executed by at least two POUs with the RPS-certified facility.

ii. A contract executed by a joint powers agency or third party supplier acting on behalf of at least two POUs with the RPS-certified facility, if all participating POUs are identified in the contract with the facility or in a correlated agreement with the joint powers agency or third party supplier.

iii. Separate contracts executed by two or more POUs with the same RPS-certified facility, where each of the separate contracts, as originally executed, expressly identifies the other POU(s) and specifies the ability of the identified POUs to adjust their relative share of the output of the RPS-certified facility to the other POU(s). If the separate contracts are amended to expressly identify the other POU and specify the ability of the POUs to adjust their relative share of the output of the RPS-certified facility, the contract shall be considered long-term only if each POU's procurement duration from the date of the contract amendment is at least 10 continuous years.

2. A POU's contract or resale agreement with a joint powers agency or third-party supplier if both of the following are satisfied:

i. The POU's contract or resale agreement with the joint powers agency or third-party supplier has a duration of at least 10 continuous years.

ii. The RPS-certified facility or facilities supplying the electricity products in the long-term contract are owned by the joint powers agency or third-party supplier or are subject to a long-term contract with a remaining duration of at least 10 continuous years, and the POU, or the joint powers agency or third-party supplier or other party on the POU's behalf, can submit documentation demonstrating this.

3. A POU's contract or resale agreement with a third-party supplier where, over the contract term, the electricity products provided can change from one bundled portfolio content category to a different bundled portfolio content category or from one bundled portfolio content category to multiple bundled portfolio content categories, or from multiple bundled portfolio content categories to fewer bundled portfolio content categories, as long as the contract satisfies all other applicable requirements of this section.

4. Notwithstanding section 3204(d)(2)(C), a POU's ownership agreement or a contract between a POU and the Western Area Power Administration or the federal government as part of the federal Central Valley Project, including an extension or renewal of a contract between a POU and the Western Area Power Administration or the federal government as part of the federal Central Valley Project that renews or extends the existing contract as contemplated under the administration of the contract in effect on January 1, 2015, or included in the Western Area Power Administration's Power Marketing Plan.

(C) Long-term contracts executed on or after July 1, 2020, shall additionally satisfy the requirements of section 3204(d)(2)(C)1.-3. Contracts executed prior to July 1, 2020, are not required to meet the requirements of section 3204(d)(2)(C)1. - 3. for the term of the contract in effect as of July 1, 2020. With the exception of extensions or renewals of contracts meeting the criteria of section 3204(d)(2)(B)4., contracts executed prior to July 1, 2020, that are amended on or after July 1, 2020, where the amendment modifies the duration, quantity, pricing, or other provision that materially relates to the contract's classification as long-term, shall additionally satisfy all of the requirements of section 3204(d)(2)(C)1. - 3.

1. Reasonably consistent contracted-for quantities. For purposes of this section 3204(d)(2)(C), for a POU subject to the provisions of Public Utilities Code section 9621, the POU's contract and any associated underlying contract(s) shall specify reasonably consistent procurement quantities over the term of the contract, as provided in section 3204(d)(2)(C)1.i.- v.:

i. For a contract that specifies the contracted-for quantities on an annual basis, the contracted-for annual quantities vary no more than 33 percent above or below the average annual quantity for the entire contract term, except as provided in section 3204(d)(2)(C)1.iv. If the POU has contracted for a share of facility output, the variation shall be assessed based on differences in the contracted-for share.

ii. Notwithstanding section 3204(d)(2)(C)1.i., for a contract to procure only electricity products meeting the criteria of Portfolio Content Category 3, reasonably consistent procurement quantities means the average contracted-for procurement quantities vary by no more than 33 percent between any two adjacent compliance periods, except as provided in section 3204(d)(2)(C)1.iv.

iii. For long-term contracts meeting the criteria of section 3204(d)(2)(B)1., the aggregate quantities in a jointly negotiated contract shall be the basis for assessing reasonably consistent contracted-for quantities.

iv. Notwithstanding section 3204(d)(2)(C)1.i.-ii., reasonably consistent contracted-for quantities include procurement quantities that vary by more than 33 percent, or procurement quantities specified on a compliance period basis, if the POU demonstrates the contract represents a procurement commitment consistent with the purposes of the long-term procurement requirement. This demonstration shall be satisfied if a POU shows that the contracted-for procurement quantities are associated with one of the following:

I. At the time of contract execution, the eligible renewable energy resource is already committed to a different entity during the individual year(s) in which the variation exceeds 33 percent and the POU's commitment supports the development of a new eligible renewable energy resource or the improvement of an existing eligible renewable energy resource.

II. At the time of contract execution, the POU had identified a forecasted reduction in retail sales associated with the anticipated loss of specific customer accounts or local industry or the POU had identified a forecasted increase in generation from other eligible renewable energy resources that will achieve commercial operation during the contract term.

III. The variation during the individual year(s) is associated with expected maintenance, repair, construction, or other modification of the eligible renewable energy resource.

IV. The variation is associated with anticipated transmission constraints.

V. The variation is associated with the POU taking over the share or purchases from another buyer for the same eligible renewable energy resource when that other buyer's contract term ends.

VI. The variation is only associated with the POU procuring increasing quantities or shares from the same eligible renewable energy resource over the term of the contract.

VII. The POU otherwise demonstrates that the variation supports the financing of the new eligible renewable energy resource or improvements of the existing eligible renewable energy resource, or is otherwise consistent with the purposes of the long-term procurement requirement.

v. Notwithstanding the requirements specified in section 3204(d)(2)(A)-(C), a contract that specifies a contracted-for quantity of zero during any year of the initial 10-year term of a long-term contract may still qualify as long-term if the POU demonstrates that the contract meets one of the conditions specified in section 3204(d)(2)(C)1.iv. and the contract term includes at least 10 total years with nonzero contracted-for procurement quantities. Under such circumstances, the "first 10 continuous years of the contract term" in section 3204(d)(2)(C)2. and (d)(2)(C)3. shall refer to the first 10 years of the contract with nonzero contracted-for procurement quantities.

2. No-cost, early termination. The contract does not include early termination provisions that allow the purchasing entity to unilaterally terminate the contract without cause and without incurring a penalty, fee or other form of liquidated damages under the contract during the first 10 continuous years of the contract term, except as specified in section 3204(d)(2)(C)2.i.-ii.

i. The early termination provisions prohibited by this section 3204(d)(2)(C)2. do not preclude the purchasing entity from terminating the contract because of, or including early termination provisions concerning, any the following:

I. The seller's default or other nonperformance under the contract.

II. A force majeure event that prevents the seller from performing its obligations or complying with a condition of the contract. A force majeure event includes any act or occurrence that delays or prevents the seller from timely performing an obligation under the contract or complying with a conditions required under the contract if such act or event is beyond the reasonable control of and without fault or negligence of the seller.

III. Mutual agreement of the purchasing entity and seller.

IV. A facility associated with the contract ceases to be an eligible renewable energy resource, ceases to comply with the Emissions Performance Standard pursuant to section 2903(b), ceases to provide environmental attributes, or ceases to provide resource adequacy attributes due to the occurrence of a change in law, and in any of these circumstances the seller is unable to remedy the loss of any of these attributes as such obligation is limited under the terms of the contract.

V. The Commission determines that a facility associated with the contract does not qualify as an eligible renewable energy resource for reasons other than a change in law.

VI. A change in ownership of the seller.

VII. Facilitating a sale of the eligible renewable energy resource under the contract to the purchasing POU.

ii. This section 3204(d)(2)(C)2. does not prohibit early termination provisions where the purchasing POU submits information to the Commission that demonstrates the contract, notwithstanding any early termination provisions, secures a procurement commitment of at least 10 continuous years for the POU consistent with the purposes of the long-term procurement requirement, including supporting long-term planning and market stability, and investments in the development of new eligible renewable energy resources or improvements to existing eligible renewable energy resources.

3. Notwithstanding section 3204(d)(2)(C)1. and (C)2., a long-term contract does not include a contract that contains no specified output share or quantities of procurement or minimum pricing terms, such that the express intent of the parties to the contract is to individually negotiate the price and quantity terms in any year within the first 10 continuous years of the contract term, and neither party has an obligation to procure or sell any quantity during any such individual year.

(D) A short-term contract is defined as a contract to procure electricity products for a duration of fewer than 10 continuous years or a contract that does not meet the criteria of section 3204(d)(2)(A)-(C).

(E) The duration of a contract shall be measured from the contract start date until the contract end date, except as specified in section 3204(d)(2)(E)1.-3. The duration shall be deemed continuous if the contract specifies nonzero procurement quantities on an annual or compliance period basis, or a combination of both, for the contract term, except as provided in section 3204(d)(2)(C)1.v. The contract start date may occur before, on, or after January 1, 2021.

1. If electricity products are procured under a long-term contract that has been amended to extend the end date of the contract, the electricity products procured under the amendment shall be classified as long-term, except as provided in section 3204(d)(2) (l).

2. If electricity products are procured under a short-term contract that has been amended to extend the end date of the contract, the duration of the amended contract will be measured from the amendment execution date until the amendment end date. If the amended contract duration is at least 10 continuous years and the amended contract otherwise satisfies the requirements of a long-term contract, procurement from the amended contract shall be classified as long-term as of the month and year of the amendment execution date.

3. If electricity products are procured under a long-term contract that has been amended or terminated early such that the contract duration is no longer at least 10 continuous years, only the electricity products procured prior to the amendment execution date or termination notice may be classified as long-term.

(F) Procurement from an ownership agreement shall be classified as long-term, unless the agreement specifies that the ownership duration is for a period of less than 10 continuous years. Procurement from an ownership agreement that specifies the ownership duration is for a period of fewer than 10 continuous years shall be classified as short-term.

(G) Electricity products procured in excess of the quantity that the POU is obligated to procure under a long-term contract shall be treated as a new agreement for the additional quantities, except where the additional quantities are from the same RPS-certified facility or facilities and where the potential for the POU to procure the additional quantities is identified in the long-term contract, in which case the additional quantities shall be treated as part of the long-term contract. Additional quantities that are treated as part of the long-term contract pursuant to this section 3204(d)(2)(G) shall not be used to adjust the annual average quantity of the contract for purposes of section 3204(d)(2)(C)1.

(H) Electricity products classified as Portfolio Content Category 2 under the requirements of section 3203(b) shall count toward the long-term procurement requirement of this section 3204(d) if the electricity products are procured under a long-term contract subject to section 3204(d)(2)(A)-(C) or an ownership agreement subject to section 3204(d)(2)(F), even if the matching incremental electricity is not associated with a long-term contract or an ownership agreement.

(I) Notwithstanding the requirements for underlying contracts in section 3204(d)(2)(A)-(C), electricity products classified as Portfolio Content Category 3 under the requirements of section 3203(c) shall be classified as long-term, subject to the maximum limit for Portfolio Content Category 3 calculated in section 3204(c), if the POU procures them through a contract that has a duration of at least 10 continuous years and the POU's own contract meets the requirements of section 3204(d)(2)(A)-(C), or the POU procures the electricity products through its ownership or ownership agreement.

(J) Electricity products that meet the criteria of section 3202(a)(2) or historic carryover pursuant to section 3206(a)(5) shall be classified as long-term without regard to the requirements of section 3204(d)(2)(A)-(G).

(K) Excess procurement that was accrued in accordance with the requirements of section 3206(a)(1)(C) or section 3206(a)(1)(I)3. and applied to the RPS procurement target for a compliance period beginning on or after January 1, 2021, shall be classified as long-term without regard to the requirements of section 3204(d)(2)(A)-(G).

(L) For purposes of this section 3204(d), amendments, assignments, or modifications of long-term contracts or ownership agreements other than as specified in section 3204(d)(2)(E) will be treated as follows:

1. Amendments or modifications that increase the expected quantities or allocation of generation under the original contract or ownership agreement resulting from efficiency improvements or an expansion of the RPS-certified facility generating the procured electricity products shall be treated as part of the original long-term contract or ownership agreement.

2. Amendments or modifications that result in an increase in expected quantities or allocation of generation due to contractual changes other than those provided in section 3204(d)(2)(L)1., shall be treated as new agreements for the increase in expected quantities or allocation of generation, unless the increase was specified in the original long-term contract or ownership agreement.

3. Amendments or modifications that substitute a different eligible renewable energy resource shall be treated as new agreements for procurement of generation associated with the substitute eligible renewable energy resource unless the following conditions are satisfied:

i. The original long-term contract or ownership agreement specifies the ability to add or substitute eligible renewable energy resources.

ii. Any eligible renewable energy resources added to or substituted in the long-term contract or ownership agreement are owned by the seller or are subject to a long-term contract in its original term or an extension that has a remaining duration of at least 10 continuous years.

iii. Notwithstanding section 3204(d)(2)(L)3.i-ii., replacement energy procured from another RPS-certified facility, as allowed by the original long-term contract, shall be considered part of the original long-term contract if the POU can submit information demonstrating that the need for replacement energy occurred because the RPS-certified facility specified in the original long-term contract did not perform as the contract required.

I. For purposes of this section 3204(d)(2)(L)3.iii., "replacement energy" means electricity products provided by a seller to a POU pursuant to the terms of a long-term contract to offset the failure of an RPS-certified facility to provide the amount of electricity products otherwise guaranteed under the contract. Replacement energy does not include energy provided to offset a failure of the seller to provide the guaranteed electricity products due to the sale of the guaranteed electricity products to another entity.

4. Amendments, assignments, or modifications of a jointly negotiated long-term contract or joint ownership agreement that reallocate electricity products among the identified joint parties shall be treated as part of the original long-term contract or ownership agreement.

5. Assignments of long-term contracts, whereby a retail seller or POU assigns the remaining portion of its procurement obligations under a long-term contract to a second POU, shall be treated as a long-term contract, provided the assignment maintains the commitment to procure the same type and quantity electricity products from the RPS-certified facility and the duration of the assignment is at least 10 years.

(e) RPS procurement requirements deficits incurred by a POU in any compliance period shall not be added to the RPS procurement requirements of the POU in a future compliance period.

Cal. Code Regs. Tit. 20, § 3204

1. New section filed 8-28-2013; operative 10-1-2013 (Register 2013, No. 35).
2. Amendment of subsection (a)(7)(C) and new subsections (a)(10)-(a)(10)(D) filed 4-12-2016; operative 4-12-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 16).
3. Editorial correction of subsection (c)(5) (Register 2016, No. 34).
4. Amendment of section and NOTE filed 7-12-2021; operative 7-12-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29).
5. Editorial correction of subsection (d)(2)(L)3.iii (Register 2021, No. 49).
6. Change without regulatory effect amending subsection (d)(2)(K) designator filed 8-24-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 34).

Note: Authority cited: Sections 25213 and 25218(e), Public Resources Code; and Section 399.30, Public Utilities Code. Reference: Sections 399.13, 399.16, 399.18, 399.30 and 399.33, Public Utilities Code.

1. New section filed 8-28-2013; operative 10-1-2013 (Register 2013, No. 35).
2. Amendment of subsection (a)(7)(C) and new subsections (a)(10)-(a)(10)(D) filed 4-12-2016; operative 4/12/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 16).
3. Editorial correction of subsection (c)(5) (Register 2016, No. 34).
4. Amendment of section and Note filed 7-12-2021; operative 7-12-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29).
5. Editorial correction of subsection (d)(2)(L)3.iii (Register 2021, No. 49).
6. Change without regulatory effect amending subsection (d)(2)(K) designator filed 8-24-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 34).