California Code of Regulations
Title 20 - Public Utilities and Energy
Division 2 - State Energy Resources Conservation and Development Commission
Chapter 13 - Enforcement Procedures for the Renewables Portfolio Standard for Local Publicly Owned Electric Utilities
Section 3205 - Procurement Plans and Enforcement Programs

Universal Citation: 20 CA Code of Regs 3205

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Renewable Energy Resources Procurement Plan

(1) Within 60 calendar days of the effective date of these regulations, each POU shall adopt a renewable energy resources procurement plan detailing how the POU will achieve its RPS procurement requirements for each compliance period. The renewable energy resources procurement plan, and any revisions or updates to the plan, shall be submitted to the Commission within 30 calendar days of adoption. A POU that has previously adopted a renewable resources procurement plan before the effective date of these regulations does not need to adopt a new renewable energy resources procurement plan and submit the plan to the Commission if no changes are made to the plan after the effective date of these regulations.

(2) A POU that meets the criteria listed in Public Utilities Code section 399.30(j) shall adopt a renewable energy resources procurement plan detailing how the POU will achieve its RPS targets annually. The renewable energy resources procurement plan shall additionally provide a forecast of the qualifying hydroelectric generation expected to meet the POU's forecasted annual electricity demand. The renewable energy resources procurement plan, and any revisions or updates to the plan, shall be submitted to the Commission within 30 calendar days of adoption.

(3) Each POU shall provide the following notice regarding new or updated renewable energy resources procurement plans:
(A) The POU shall post notice, in accordance with Chapter 9 (commencing with section 54950) of Part 1 of Division 2 of Title 5 of the Government Code, whenever its governing board will deliberate in public on its renewable energy resources procurement plan.

(b) Enforcement Program

(1) As of January 1, 2012, each POU shall have adopted an enforcement program detailing actions the POU will take if the POU determines that it will not meet its RPS procurement requirements in accordance with section 3204. The enforcement program, and any revisions or updates to the program, shall be submitted to the Commission within 30 calendar days of adoption.

(2) Each POU shall provide notice regarding new or updated enforcement programs. The enforcement program must be adopted at a publicly noticed meeting offering all interested parties an opportunity to comment.
(A) No less than 30 calendar days notice shall be given to the public of any meeting held for purposes of adopting the enforcement program.

(B) If the enforcement program is modified or amended, no less than 10 calendar days notice shall be given to the public before any meeting is held to make a substantive change to the enforcement program.

(c) Notwithstanding section 3205(a) and (b), a POU that meets the criteria listed in Public Utilities Code section 399.30(g) is not required to provide the Commission with a renewable energy resources procurement plan and enforcement program.

1. New section filed 8-28-2013; operative 10-1-2013 (Register 2013, No. 35).
2. Repealer of subsections (a)(3)(B)-(C) and (b)(3)-(c)(2), subsection relettering and amendment of newly designated subsection (c) filed 7-12-2021; operative 7-12-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29).

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

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