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Implementation of Renewables )    Docket No. 02-REN-1038
Investment Plan Legislation1 )    Renewable Energy Program
  )    RE: Guildeline Revisions for Renewable
__________________________________ )    Energy Program and RPS Implementation


The California Energy Commission (Energy Commission) developed guidelines to implement and administer its Renewable Energy Program and its responsibilities under California's Renewables Portfolio Standard (RPS) under Senate Bill 10382. These guidelines are set forth in the Existing Renewable Facilities Program Guidebook and are being revised to address changes in law and refinements to the program. The Energy Commission's Renewables Committee (Commissioner John L. Geesman, presiding member and Chairman Jackalyne Pfannenstiel, associate member) is holding a workshop to discuss proposed revisions to the Existing Renewable Facilities Program Guidebook (Guidebook).

Beginning at 2 p.m.
First Floor, Hearing Room A
1516 Ninth Street
Sacramento, California
(Wheelchair Accessible)

Note: Audio from this hearing will be broadcast over the Internet.
For details, please go to:

Staff will provide a summary of proposed changes to the Existing Renewable Facilities Program Guidebook, after which the Renewables Committee will invite public comments on the staff draft Guidebook.


The Existing Renewable Facilities Program (ERFP) provides funding in the form of production incentives to eligible renewable energy facilities for each kilowatt-hour (kWh) of eligible electricity generated. The facility must use an eligible renewable energy resource to generate electricity and be located either within the state or near the state's border with its first point of interconnection to the transmission systems within the state. Eligible renewable energy resources include biomass, solar thermal electric, and wind. Although existing wind facilities are technically eligible for funding, they currently do not require assistance. Therefore, all ERFP funds are available for eligible existing solid-fuel biomass facilities and solar thermal electric facilities.

The Energy Commission has provided this renewable funding since 2003 under SB 1038. This law, along with the Reliable Electric Service Investments Act,3 continues the collection of a non-bypassable system benefit charge initiated in 1998 under Assembly Bill (AB) 18904 and authorizes the Energy Commission to continue the expenditure of these funds to support existing, new, and emerging renewable resources.

Senate Bill 12505 made significant changes to both section 25740 et seq. of the Public Resources Code and the ERFP. These changes significantly modified how the Energy Commission must evaluate applications for ERFP funding in current and future funding cycles. The important program changes mandated by SB 1250 will continue to affect both the Energy Commission's basis and decision in determining the funding level for each facility.

Before the passage of SB 1250, the Energy Commission set uniform target prices and production incentive caps based on the facility's technology. Following the passage of SB 1250, the Energy Commission is now required to individually consider and evaluate each existing eligible renewable facility and make funding award decisions based on information specific to each facility, as established by SB 1250.

The fourth edition of the Existing Renewable Facilities Program Guidebook reflected the changes legislated by SB 1250. Due to certain questions and challenges encountered by participating facilities in applying for funding awards and by the Energy Commission in processing funding award applications, staff is proposing further refinements to the Guidebook. These refinements are intended to better assist applicants in complying with program requirements and to clarify the process used by the Energy Commission to determine appropriate funding award decisions under SB 1250.

Additionally, Senate Bill 10366 changes the Existing Renewable Facilities Program's allocation of funds from the Renewable Resources Trust Fund from 10 percent to 20 percent of the funds collected for the Renewable Energy Program effective January 1, 2008 (Perata, Chapter 685, Statutes of 2007).

Attachment A provides a summary of the proposed Guidebook revisions and a list of questions to which the public is invited to respond.

Public Comments

Interested members of the public are encouraged to review and comment on the staff draft Guidebooks. Members of the public may submit written or verbal comments at the workshop on December 13, 2007. Written comments submitted after the workshop must be received by December 17, 2007.

Those submitting written comments should provide an original and 11 copies to the Energy Commission's Docket Unit. Those interested in filing comments by e-mail immediately may send electronic documents to docket@energy.state.ca.us but will need to follow up with an original copy by mail or delivery to the Docket Unit. If you are providing written comments at the workshop, please make an additional 30 copies available at the beginning of the workshops. Written materials filed with the Docket Unit or provided at the workshop become part of the public record. Please send or deliver written materials to:

California Energy Commission
Re: Docket No. 02-REN-1038
Docket Unit, MS-4
1516 Ninth Street
Sacramento, CA 95814-5504


The Energy Commission's Public Adviser's Office provides the public assistance in participating in Energy Commission activities. If you want information on how to participate in this forum, please contact the Public Adviser's Office at (916) 654-4489 or toll free at (800) 822-6228, by FAX at (916) 654-4493, or by e-mail at pao@energy.state.ca.us.

If you have a disability and need assistance to participate in the workshops, please contact Lourdes Quiroz at (916) 654-5146 at least five days before the workshops.

Members of the public who have technical questions regarding this notice may contact the Existing Renewable Facilities Program Account Lead Jason Orta by phone at (916) 653-5851 or by e-mail at jorta@energy.state.ca.us. News media should direct inquiries to Assistant Director Claudia Chandler, at (916) 654-4989.

commissioner signature
Commissioner and Presiding Member
Renewables Committee
  commissioner signature
Commissioner and Associate Member
Renewables Committee
Mail Lists: 5503 Date Mailed:


* The legal name for the California Energy Commission is State Energy Resources Conservation and Development Commission

1 Going forward, the title of this proceeding shall be known as "Implementation of Renewables Investment Plan Legislation" recognizing the fact that former Public Utilities Code Sections 381, 383.5 and 445 are no longer the applicable law and have been replaced with subsequent statutory authority.

2 Sher, SB 1038; Chapter 515, Statutes of 2002. The pertinent provisions of SB 1038 were formerly codified in Public Utilities Code Sections 383.5 and 445, but are now codified in Public Resources Code Sections 25740 through 25751 as a result of Senate Bill 183 (Chapter 666, Statutes of 2003).

3 Public Utilities Code Section 399, et seq., as enacted by Assembly Bill 995 (Wright, Chapter 1051, Statutes of 2000) and Senate Bill 1194 (Sher, Chapter 1050, Statutes of 2000).

4 Brulte, AB 1890; Chapter 854, Statutes of 1996.

5 Perata, SB 1250; Chapter 512, Statutes of 2006. SB 1250 amends pertinent provisions in Public Resources Code Sections 25740 through 25751, including requirements related to the ERFP in Section 25742.

6 Perata, SB 1036, Chapter 685, Statutes of 2007.

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