California 2021-2022 Regular Session Status: Enacted 2 D cosponsors

AB 2316 — Public Utilities Commission: customer renewable energy subscription programs and the community renewable energy program.

Last action — Chaptered by Secretary of State - Chapter 350, Statutes of 2022.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2022. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Under existing law, the Green Tariff Shared Renewables Program requires an electrical corporation with 100,000 or more customers in California to file with the commission an application requesting approval of a tariff to implement a program enabling ratepayers to participate directly in offsite electrical generation facilities that use eligible renewable energy resources. Existing law requires the commission to develop programs to increase the adoption of renewable generation among residential customers in disadvantaged communities, and, acting pursuant to that requirement, the commission has adopted, among others, the Disadvantaged Communities Green Tariff program and the Community Solar Green Tariff program. Existing law imposes various requirements on public works projects, as defined, including a requirement that, at minimum, all workers employed on a public works project be paid the general prevailing rate of per diem wages for work of a similar character in the locality in which a public work is performed, as specified. Existing law requires that contractor and subcontractor payroll records subject to prevailing wage requirements be verified by written declaration under the penalty of perjury, as specified. This bill would require the commission, on or before March 31, 2024, to evaluate each customer renewable energy subscription program, as described, to determine if the program meets specified goals, to authorize the termination or modification of a program that does not meet those goals, and to determine whether it would be beneficial to ratepayers to establish a community renewable energy program. The bill would require the commission, on or before July 1, 2024, to establish that program if doing so would be beneficial to ratepayers and to require each electrical corporation to participate in that program. The bill would require each community choice aggregator and electric service provider, within 180 days of the establishment of that program, to notify the commission whether it will participate in the program and would authorize a community choice aggregator or electric service provider to begin participating in, or end its participation in, that program at any time by notifying the commission. The bill would require the community renewable energy program, if established, to be complementary to, and consistent with, specified requirements of the California Building Standards Code, ensure at least 51% of its capacity serves low-income customers, prohibit its costs from being paid by nonparticipating customers, require that the construction of its community renewable energy facilities comply with specified prevailing wage requirements, provide bill credits to subscribers, and prioritize the maximum use of state and federal incentives and accelerate its implementation to ensure that time- or quantity-limited federal incentives can be obtained for the benefit of subscribers, as specified. Because the bill would expand the crime of the penalty of perjury, it would impose a state-mandated local program. The bill would require the commission, on or before March 31, 2024, to report to the Legislature on its actions taken as a result of its evaluation of each customer renewable energy subscription program, its justification for terminating, modifying, or retaining each program, and whether it would be beneficial to ratepayers to establish the community renewable energy program. The bill would also require the commission, within 24 months of establishing the community renewable energy program and annually thereafter, to submit a report to the Legislature on the facilities deployed, and customers subscribed, pursuant to that program. Under existing law, a violation of the Public Utilities Act or an order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the above provisions would be part of the act and a violation of a commission action implementing this bill's requirements would be a crime, the bill would impose a state-mandated local program. 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 350, Statutes of 2022.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 16.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 9. Page 5208.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered returned to second reading.

  11. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).

  12. In committee: Referred to suspense file.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 29).

  15. From committee: Do pass and re-refer to Com. on L., P.E. & R. (Ayes 11. Noes 2.) (June 27). Re-referred to Com. on L., P.E. & R.

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U. & C.

  17. In committee: Set, first hearing. Hearing canceled at the request of author.

  18. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U. & C.

  19. Referred to Coms. on E., U. & C. and L., P.E. & R.

  20. In Senate. Read first time. To Com. on RLS. for assignment.

  21. Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 22. Page 4990.)

  22. Read second time. Ordered to third reading.

  23. Read second time and amended. Ordered returned to second reading.

  24. From committee: Amend, and do pass as amended. (Ayes 12. Noes 4.) (May 19).

  25. Joint Rule 62(a), file notice suspended. (Page 4736.)

  26. In committee: Set, first hearing. Referred to suspense file.

  27. In committee: Hearing postponed by committee.

  28. Re-referred to Com. on APPR.

  29. Read second time and amended.

  30. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (April 27).

  31. In committee: Hearing postponed by committee.

  32. In committee: Hearing postponed by committee.

  33. Re-referred to Com. on U. & E.

  34. From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & E. Read second time and amended.

  35. Referred to Com. on U. & E.

  36. From printer. May be heard in committee March 19.

  37. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 15 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 51 Yea · 16 Nay · 13 Other
Party YeaNayPresentNot Voting
Democratic 26105
Unaffiliated 25905
Republican 0603
Total 5116013
% of votes cast 64%20%0%16%
How each member voted (80)
Member Party Vote
Smith — Nay
Voepel — Nay
Waldron — Nay
Cunningham — Nay
Kiley — Nay
Bigelow — Nay
Salas — Nay
Mathis — Not Voting
Mayes — Not Voting
Cooper — Not Voting
Daly — Not Voting
Villapudua — Not Voting
Bloom — Yea
Friedman — Yea
Cooley — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
O'Donnell — Yea
Levine — Yea
Medina — Yea
McCarty — Yea
Gray — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Not Voting
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Not Voting
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Passed 31 Yea · 9 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18500
Democratic 13000
Republican 0400
Total 31900
% of votes cast 78%23%0%0%
How each member voted (40)
Member Party Vote
Bradford — Yea
Newman — Yea
Min — Yea
Atkins — Yea
Glazer — Yea
Roth — Yea
Eggman — Yea
Rubio — Yea
Kamlager — Yea
Gonzalez — Yea
Hueso — Yea
Pan — Yea
Hertzberg — Yea
Portantino — Yea
Leyva — Yea
Wieckowski — Yea
Skinner — Yea
Dodd — Yea
Wilk — Nay
Borgeas — Nay
Nielsen — Nay
Melendez — Nay
Bates — Nay
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 3100
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Portantino — Yea
Bradford — Yea
Wieckowski — Yea
Bates — Nay
Laird, John Democratic Yea
McGuire, Mike Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 1000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Kamlager — Yea
Wieckowski — Yea
Portantino — Yea
Bradford — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 11 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Democratic 3000
Republican 0200
Total 11201
% of votes cast 79%14%0%7%
How each member voted (14)
Member Party Vote
Dodd — Yea
Gonzalez — Yea
Hueso — Yea
Hertzberg — Yea
Bradford — Yea
Min — Yea
Rubio — Yea
Eggman — Yea
Borgeas — Not Voting
Becker, Josh Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay

Official roll call →

Passed 47 Yea · 22 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 25104
Unaffiliated 221205
Republican 0900
Total 472209
% of votes cast 60%28%0%12%
How each member voted (78)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Rendon — Yea
Voepel — Nay
Mathis — Nay
Bigelow — Nay
Salas — Nay
Quirk — Nay
Kiley — Nay
Mayes — Nay
Waldron — Nay
Smith — Nay
Cunningham — Nay
Rodriguez — Not Voting
Cooper — Not Voting
Villapudua — Not Voting
Daly — Not Voting
O'Donnell — Not Voting
Mullin — Yea
Holden — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
Medina — Yea
McCarty — Yea
Gray — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Not Voting
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Democratic 7000
Republican 0200
Total 12400
% of votes cast 75%25%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wilson, Lori D. Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

Passed 9 Yea · 3 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 5302
Democratic 4000
Republican 0001
Total 9303
% of votes cast 60%20%0%20%
How each member voted (15)
Member Party Vote
Santiago — Yea
Ting — Yea
Cunningham — Nay
Quirk — Nay
Holden — Not Voting
Mayes — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Wendy Carrillo — Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Not Voting

Official roll call →

Subjects

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Frequently asked questions

What does AB 2316 do?
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Under existing law, the Green Tariff Shared Renewables Program requires an electrical corporation with 100,000 or more customers in California to file with the commission an application requesting approval of a tariff to implement a program enabling ratepayers to participate directly in offsite electrical generation facilities that use eligible renewable energy resources. Existing law requires the commission to develop programs to increase the adoption of renewable generation among residential customers in disadvantaged communities, and, acting pursuant to that requirement, the commission has adopted, among others, the Disadvantaged Communities Green Tariff program and the Community Solar Green Tariff program. Existing law imposes various requirements on public works projects, as defined, including a requirement that, at minimum, all workers employed on a public works project be paid the general prevailing rate of per diem wages for work of a similar character in the locality in which a public work is performed, as specified. Existing law requires that contractor and subcontractor payroll records subject to prevailing wage requirements be verified by written declaration under the penalty of perjury, as specified. This bill would require the commission, on or before March 31, 2024, to evaluate each customer renewable energy subscription program, as described, to determine if the program meets specified goals, to authorize the termination or modification of a program that does not meet those goals, and to determine whether it would be beneficial to ratepayers to establish a community renewable energy program. The bill would require the commission, on or before July 1, 2024, to establish that program if doing so would be beneficial to ratepayers and to require each electrical corporation to participate in that program. The bill would require each community choice aggregator and electric service provider, within 180 days of the establishment of that program, to notify the commission whether it will participate in the program and would authorize a community choice aggregator or electric service provider to begin participating in, or end its participation in, that program at any time by notifying the commission. The bill would require the community renewable energy program, if established, to be complementary to, and consistent with, specified requirements of the California Building Standards Code, ensure at least 51% of its capacity serves low-income customers, prohibit its costs from being paid by nonparticipating customers, require that the construction of its community renewable energy facilities comply with specified prevailing wage requirements, provide bill credits to subscribers, and prioritize the maximum use of state and federal incentives and accelerate its implementation to ensure that time- or quantity-limited federal incentives can be obtained for the benefit of subscribers, as specified. Because the bill would expand the crime of the penalty of perjury, it would impose a state-mandated local program. The bill would require the commission, on or before March 31, 2024, to report to the Legislature on its actions taken as a result of its evaluation of each customer renewable energy subscription program, its justification for terminating, modifying, or retaining each program, and whether it would be beneficial to ratepayers to establish the community renewable energy program. The bill would also require the commission, within 24 months of establishing the community renewable energy program and annually thereafter, to submit a report to the Legislature on the facilities deployed, and customers subscribed, pursuant to that program. Under existing law, a violation of the Public Utilities Act or an order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the above provisions would be part of the act and a violation of a commission action implementing this bill's requirements would be a crime, the bill would impose a state-mandated local program. 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.
Who sponsors AB 2316?
AB 2316 is sponsored by Ward, Christopher M. (Democratic) and Carrillo, Juan (Democratic).
What is the current status of AB 2316?
This bill has been enacted into law. Introduced February 16, 2022. Enacted.
Where can I track AB 2316?
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