Background
Public Utilities Code section 399.30, as enacted by Senate Bill 2 (Simitian, Stats. 2011, ch 1) (SB 2), as amended by Senate Bill 350 (De Leon, Stats. 2015, ch. 547) (SB 350) and Senate Bill 100 (De León, Stats. 2018, ch. 312) (SB 100), requires the California Energy Commission (CEC) to verify publicly owned electric utilities’ (POUs) compliance with the State’s Renewables Portfolio Standard. If CEC determines that a POU violated any provision of the RPS Program, it is to refer the case to CARB for a penalty determination. If CARB imposes penalties, the penalties are to be comparable to California Public Utility Commission (CPUC) penalties for non-compliant retail sellers and may be consistent with Health and Safety Code § 42400 et seq.
Proposed Enforcement Policy Amendment
CARB staff is developing a procedure to outline its assessment and collection process of appropriate penalties from a POU’s failure to comply with RPS requirements. The proposed amendment will provide public awareness of CARB’s internal penalty assessment process, as encapsulated in CARB’s Enforcement Policy, for its enforcement piece of the State’s RPS requirements against POUs, which must, per SB 350, result in penalties comparable to those imposed by CPUC on non-complying investor-owned utilities and other retail sellers of electricity.
Working Group Information
Please sign up by sending an email to Satapana Buthken as soon as possible. Please include your full name, affiliation, phone number and email address. An informational email will be sent to you after you sign up. Your name and affiliation will be used to inform building security that you are attending the working group.
This workshop will include a presentation covering the above topic. At the conclusion of the presentation, there will be an opportunity for an open discussion on the topic. CARB staff will be available after the presentation to respond to additional questions and to solicit stakeholder feedback.
If you require special accommodation for the workshop, or need this document in an alternate format (e.g. Braille, large print) or another language, please contact Satapana Buthken at (916) 229-0337.
Further Information
If you have any questions about the working group meeting or about CARB’s role in the enforcement of the Renewables Portfolio Standard, please contact Satapana Buthken, Air Resources Engineer, at (916) 229-0337.
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