§ 1394.1. Retail Disclosure to Consumers.
20 CA ADC § 1394.1Barclays Official California Code of Regulations
20 CCR § 1394.1
§ 1394.1. Retail Disclosure to Consumers.
(a) Pursuant to Section 398.4 of the Public Utilities Code, each retail supplier shall provide to consumers a power content label that discloses the fuel mix and GHG emissions intensity of each electricity portfolio that was sold during the previous calendar year, and separately discloses the fuel mix and GHG emissions intensity of total California system electricity, using the schedule and format specified in this section. Retail suppliers shall disclose GHG emissions intensity data on power content labels for generation and procurement that occurs on or after January 1, 2020.
(1) The power content label shall be provided in all product-specific written promotional materials that are distributed to consumers by either printed or electronic means, including the retail supplier's Internet Web site, if one exists, except that advertisements and notices in general circulation media shall not be subject to this requirement.
(2) The power content label shall be provided by United States mail to customers served by each electricity portfolio and to the Energy Commission on or before the end of the first complete billing cycle for the third quarter of the year. Retail suppliers may provide annual disclosures to customers via electronic mail, provided that the customer has consented to receiving electronic mail notice in lieu of service by United States mail. Annual disclosures shall also be displayed on the website of the retail supplier, if it maintains one for purposes of communicating information about electric service, in an easily marked and identifiable location.
(3) GHG emissions intensity of each electricity portfolio and of California total statewide retail electricity sales in accordance with the calculation method specified in section 1393(c), expressed in pounds of CO2e per megawatt hour. This information shall also be displayed graphically in a bar chart.
(e) Custom electricity portfolios negotiated under private agreement shall not be included in the power content labels provided to the retail supplier's general customers. Instead, such electricity portfolios shall be disclosed to the subscribed customers on a separate power content label via physical or electronic mail consistent with the provisions of subdivision (b)(2). Custom electricity portfolios shall not be subject to the promotional materials disclosure requirement of subdivision (b)(1) or the website disclosure requirement of subdivision (b)(2).
(1) If the retail supplier offers promotional materials that consist of more than one page, the power content label or a note telling the customer where the power content label can be found shall appear on the cover page or the first facing page. If a note is used to tell the customer where the power content label can be found, the note shall appear in a type size no smaller than 10 point.
(j) If a retail supplier elects to include additional information related to the sources of unbundled RECs on any power content label, the retail supplier shall submit the proposed information to the Energy Commission for review by May 1 annually. By June 15 annually, the Executive Director or their designee shall determine whether the proposed language is limited to information specifically related to the sources of unbundled RECs and does not conflict with the methodology established by the Energy Commission for the calculation of the GHG emissions intensity. If the Executive Director or their designee determines that the proposed language meets these requirements, they shall issue a modified Power Content Label template to the retail supplier that includes the proposed language in a footnote.
(1) “Renewable energy credits (RECs) are tracking instruments issued for renewable generation. Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.”
Credits
Note: Authority cited: Section 25213, Public Resources Code; and Section 398.4, Public Utilities Code. Reference: Sections 25216 and 25216.5, Public Resources Code; and Section 398.4, Public Utilities Code.
History
1. Renumbering and amendment of former section 1393 to new section 1394.1 filed 5-4-2020; operative 5-4-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 19).
2. Change without regulatory effect amending subsection (j) filed 8-24-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 34).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 20, § 1394.1, 20 CA ADC § 1394.1
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