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Contact Information:

California Air Resources Board
1001 I Street
P.O. Box 2815
Sacramento, CA 95812

(916) 322-2990

Or view the Department's
Website

Relevant State
Agencies:

California Public Utilities Commission

California Energy Commission

California BACT Clearinghouse Database

CARB Distributed Generation Program

CEC DG Costs and Benefits Issue Paper (08/04)

Pacific Region CHP Application Center

Major Utilities:

Pacific Gas & Electric

Southern California Gas Company (SoCalGas)

Southwest Gas Company (SWGas)

Southern California Edison Company

Sierra Pacific Power Company

Pacificorp (Pacific Power & Light)

San Diego Gas Electric Company

Select Another State

Specific Issues:

EMISSIONS REGULATIONS

GUIDE TO FEDERAL REGULATIONS

STATE ENVIRONMENTAL REGULATIONS

SITING REGULATIONS

EXIT FEES

STANDBY RATES

BUILDING, ZONING
AND FIRE CODES


AMMONIA ISSUES

REPORTING REQUIREMENTS

ECONOMIC INCENTIVES

CALIFORNIA

Air Emissions Regulations | Siting Regulations | Exit Fees | Regulatory Codes | Standby Rates | Incentives |
Interconnection Requirements

LATEST NEWS:

CARB Revises the DG Certification Regulation (9/2007)

The California Air Resources Board amended their Distributed Generation Certification Regulation. The amendments became effective on September 7, 2007. The final regulation can be found here. A summary of amendments is located here.

CARB Adds to Certified DG Technology (09/14/04)

The California Air Resources Board (CARB) has issued an Executive Order (EO) for Distributed Generation Certification to FuelCell Energy Inc. for its 1 MW fuel cell, model number DFC1500.

ARB 2005 DG Technology Review (09/14/04)

CARB's Distributed Generation Certification regulation requires ARB staff to conduct an electrical generation technology review and report its findings to the Board by July 2005. The ARB staff held the last DG workgroup meeting on January 13, 2005. The workgroup meeting notice has been added to the DG webpage and includes information on how to participate via teleconference. More information can be found on the Latest News page.

SCAQMD DG BACT Guideline Changes (04/23/04)

It is proposed that a new equipment category entitled "Distributed Generation" be created to encompass all DG projects greater than or equal to 1.5 MW, regardless of the DG technology that is chosen by the applicant. The guideline will require that the project meet the CARB 2007 standards for NOx, CO and VOC. AQMD's Clean Fuels Policy will be referenced as the guideline for SOx and PM. Ammonia emission guidelines for gas turbines and I.C. engines will be referenced as the guideline for inorganic emissions. This would constrain ammonia emissions in case an applicant chooses to meet the CARB 2007 NOx limit by using SCR technology. These changes would take effect on acceptance by the board and are applicable to all sources except for those utilizing digester or landfill gas. The next Board Meeting will take place on August 6, 2004. More information can be found on the Latest News page.

AIR EMISSIONS REGULATIONS:

Air Quality Status Numerous areas are in nonattainment, click below for details.
EPA's Nonattainment Areas in the state of California
Major Source Threshold Air quality district dependent, see below for details
Minor Source Permitting Exemption Air quality district dependent, see below for details
Minor Source Treatment Air quality district dependent, see below for details
Emergency Generating Limits There is a new Airborne Toxic Control Measure for Stationary Compression Engines that designates specific limits for emergency generators

DE MINIMIS EXEMPTIONS:

In California, the 35 local air quality districts permit projects below 50 MW. Very small projects are exempted from permitting by the individual districts. The size threshold for permitting exemption varies from district to district (see link below for specific levels). The threshold is as low as 37 kW in some districts but includes all gas-fired reciprocating engines in some districts. In 2000, the state of California passed Senate Bill (SB) 1298 requiring the California Air Resource Board (CARB) to set new standards and provide guidance for permitting new DG projects.

SB 1298 called for the CARB to establish an emission certification program by 2003 for the small projects that are exempt from permitting. The certification standards reflect the best performance achieved in practice by existing technologies that are currently exempted from district permit requirements. By the earliest practicable date, the standards shall be made equivalent to the level that the ARB determines to be the best available control technology (BACT) for permitted central station power plants in California in lb/MWh. The final regulation was passed in 2002. A BACT guidance document was also published in 2002 (the accompanying appendices are available at http://www.arb.ca.gov/energy/dg/dg.htm).

The certification program is to be implemented in two phases. The first set of standards is effective January 1, 2003 to December 31, 2006. A second phase will take effect January 1, 2007. CARB has been holding workgroup meetings to amend the DG Certification Regulation. The staff's most recent proposed amendments to the DG Certification Regulations were approved by the Air Resources Board (ARB) at a public hearing on October 19, 2006 and are described below. The October amendments have not yet received final approval. Table 1 summarizes the emission certification standards for 2003. The first column applies to electricity-only technologies. Based on these emission standards for 2003, fuel cells, some microturbines, and well-controlled natural gas reciprocating engines (rich burn with three-way catalyst or lean burn with SCR) are expected to be certifiable. The second column applies if a DG unit is integrated with combined heat and power (CHP). A DG unit qualifies for this certification only if the DG unit is sold with CHP technology integrated into a standardized package by a manufacturer and if it can achieve a minimum efficiency of 60 percent. If one of the two conditions is not met, the unit does not qualify for this certification.

Table 1
2003 DG Certification Standards


Pollutant DG unit not Integrated with CHP(lbs/MWh) DG unit Integrated with CHP(lbs/MWh)
Oxides of Nitrogen 0.5 0.7
Carbon Monoxide 6.0 6.0
Volatile Organic Compound 1.0 1.0


In addition, DG units that are sold with a zero emission technology integrated into a standardized package may have the electric power output of the zero emission technology added to the electrical power output of the DG unit to meet the emission standards. Starting January 1, 2007 all DG units subject to the regulation fueled by a fossil fuel must be certified under the emission standards shown in Table 2:

Table 2
2007 Fossil Fuel Emission Standards


Pollutant lbs/MWh
NOx 0.07
CO 0.1
VOCs 0.02


DG units in Phase II that use CHP can take a credit of 1 MWh for each 3.4 MMBtu of heat recovered in the CHP system if the CHP system is an integrated package with the DG system and if the overall system has an efficiency of at least 60 percent. Based on current technology, only fuel cells will be able to achieve the 2007 DG certification.

Additionally, any DG unit subject to this regulation and fueled by digester gas, landfill gas, or oil-field waste gas must meet the emission standards in Table 3 below:

Table 3
Waste Gas Emission Standards


Pollutant Emission Standard (lbs/MWh)
On or after January 1, 2008 On or after January 1, 2013
NOx 0.5 0.07
CO 6.0 0.1
VOCs 1.0 0.02



The regulation also specifies appropriate testing, testing parameters, labeling and record keeping requirements along with information about the equipment to be submitted by the manufacturer for certification. The Executive officer or an authorized representative will periodically inspect manufacturer, distributors, and retailers selling or leasing DG in California to ensure compliance with the regulations. Failure of the inspection may lead to denial, suspension, or revocation of certification. The equipment must be guaranteed to meet the certification for 15,000 hours of operation.

Company Name Technology Standards Certified to Executive Order Number Expiration Date
United Technologies Corporation Fuel Cells 200 kw phosphoric acid fuel cell 2007 DG-001 01/29/2007
Capstone Turbine Corporation 60 kw, C60 MicroTurbine 2003 DG-002 12/31/2006
FuelCell Energy, Inc. 250 kw, DFC300A fuel cell 2007 DG-003 05/07/2007
Ingersoll-Rand Energy Systems 70 kw, 70LM Microturbine, version C 2003 DG-004-A 12/31/2006
Ingersoll-Rand Energy Systems 70 kw, 70LM Microturbine, version WD 2003 with CHP DG-005 12/31/2006
Plug Power Inc. 5 kw, GenSys 5C Fuel Cell 2007 DG-006 07/16/2008
FuelCell Energy, Inc 1 MW, DFC1500 Fuel Cell 2007 DG-007 09/13/2008
Turbec AB 100 kW, T100 Microturbine CHP System 2003 DG-008 12/31/2006
Ingersoll-Rand Energy Systems 250 kW, 250SM Microturbine 2007 DG-009 10/21/2009
FuelCell Energy, Inc. 250 kW, DFC300MA Fuel Cell 2007 DG-010 12/16/2006



MINOR SOURCE PERMITTING:

Projects that are not exempted but are below 50 MW are permitted by the air district where the project is located.

In addition, sources with a potential to emit above the levels listed below will have to offset emissions:

Pollutant Tons per Year (TPY)
VOC: 10
NOx: 10
PM-10: 15
SOx: 27
CO: 100


The permitting process takes up to 30 days for the APCO to determine if an application is complete and then up to an additional 180 days for a final decision.

A summary of requirements for each air district is available by clicking on the appropriate district below:

Amador County Air Pollution Control District
Antelope Valley Air Quality Management District
Bay Area Air Quality Management District
Butte County Air Quality Management District
Calaveras County Air Pollution Control District
Colusa County Air Pollution Control District
El Dorado County Air Pollution Control District
Feather River Air Quality Management District
Glenn County Air Pollution Control District
Great Basin Unified Air Pollution Control District
Imperial County Air Pollution Control District
Kern County Air Pollution Control District
Lake County Air Quality Management District
Lassen County Air Pollution Control District
Mariposa County Air Pollution Control District
Mendocino County Air Quality Management District
Modoc County Air Pollution Control District Mojave Desert Air Quality Management District
Monterey Bay Unified Air Pollution Control District
North Coast Unified Air Quality Management District
Northern Sierra Air Quality Management District
Northern Sonoma County Air Pollution Control District
Placer County Air Pollution Control District
Sacramento Metropolitan Air Quality Management District
San Diego County Air Pollution Control District
San Joaquin Valley Unified Air Pollution Control District
San Luis Obispo County Air Pollution Control District
Santa Barbara County Air Pollution Control District
Shasta County Air Quality Management District
Siskiyou County Air Pollution Control District
South Coast Air Quality Management District
Tehama County Air Pollution Control District
Tuolumne County Air Pollution Control District
Ventura County Air Pollution Control District
Yolo-Solano Air Quality Management District


MAJOR NSR/PSD PERMITTING:

A potential to emit 250 tons per year of a criteria pollutant triggers PSD. In the nonattainment areas a potential to emit 100 tons per year of CO or PM triggers NSR. However, the state of California has a variety of standards depending on the location of the source. In general these standards are much more stringent than the federal standards. More detail is available by clicking on the individual air districts above.

TREATMENT OF EMERGENCY ENGINES:

The current regulations allow emergency generation for up to 200 hours per year. However, there are proposed Emergency Engine Requirements that will most likely be finalized by August 2005. These regulations are entitled, The Airborne Toxic Control Measure for Stationary Compression Engines and are listed as follows.



Airborne Toxic Control Measure

Engine Bhp Rating and Emission Limits Maintenance and Testing Limits
New Emergency Standby Diesel-Fueled CI Engines (> 50 bhp) Diesel PM Limit: 0.15 g/bhp-hr (current); 0.10 g/bhp-hr (2008-on)
New Direct-Drive Emergency Standby Fire Pump Engine Must follow the tier emission standards
In-Use Emergency Standby Diesel-Fueled CI Engine Diesel PM limit: 0.40 g/bhp-hr for 20 hrs/yr or less 30 hrs/yr with some exemptions based on PM emissions and bhp rating
New Stationary Diesel-Fueled CI Engines, less than or Equal to 50 bhp Must meet the off-road compression ignition engine standards (title 13, CCR, section 2423


SITING REQUIREMENTS FOR NON-UTILITY GENERATORS:

The California Energy Commission has the statutory authority to site and license thermal power plants that are rated at 50 MW and larger. The California Energy Security and Reliability Act of 2000 serves to expedite power plant proposals that present no significant impact on the environment or electrical system. This Act also establishes a four-month siting process to provide a three-year operating permit for simple cycle plants that provide no significant adverse environmental impact, and are equipped with the best available air emission control technology. These plants are required to convert to a cleaner and more efficient combined cycle within three years of licensing. Under the new law, the commission must complete its review of an application within 45 days; if complete, the application is accepted as of that date and the proceedings for reaching a final decision within six month begin. If incomplete, the application is accepted for the final decision within 12 months.

More information can be found out the California Energy Commission Energy Facilities Siting Webpage

EXIT FEES:

There are exit fees for certain applications of DG in the state of California. (See below)

There are three different kinds of exit fees in California:

1) "Tail" Competition Transition Charges pursuant to Public Utilities Code Section 367(a).

2) Costs associated with the Historic Procurement Charge "HPC" (applicable to the SCE service territory only) pursuant to Decision (D.) 02-07-032, as modified by D.03-02-035

3) Costs associated with procurement of power by the California Department of Water Resources (DWR), with separate charges for:

a) Historic shortfalls financed through a Bond Charge; and

b) Forward costs associated with the ongoing power charges

California suffered significant problems with its attempt to implement deregulation of the state's electric utility industry. The resulting power crisis resulted in lawmakers passing numerous energy bills in addition to rulings issued by the PUC. As with many states' electric restructuring laws, California created a CTC for utilities to recover their stranded costs as part of the initial legislation. These costs relate to what are commonly called "tail" competition charges pursuant to legislation enacted in AB 1890. The thought at the time was that these fees would allow for complete cost recovery by March 2002. However, the electricity crisis created a significant disparity for these projections and thus a delay in their cessation. The three major utilities still charge CTCs for non-CHP (42.5% or more efficient) or zero emission DG projects first online on or after May 1, 2001.

Tail CTC (SCE) Tail CTC (SDG&E) Tail CTC (PG&E)
0.6 ¢ kW/hr 0.42 ¢ kW/hr 1.0 ¢ kW/hr


The Historical Procurement Charge is customer specific and only applies to customers in SCE's service territory, but will be zero for customers departing after July 1, 2003. The calculation of the charge compares the generation revenue received since May 2000 with costs incurred to serve the customer's documented consumption. The customer's cost responsibility will be determined by multiplying the customer's cumulative under-collection as of August 31, 2002, by the ratio of the starting balance of the costs in SCE's PROACT. The HPC to be assessed upon a customer's departure will equal the difference between the customer-specific HPC obligation at the start of the recovery period and the customer's total contributions to PROACT. The charge is only applicable to DG applications greater than 1 MW that do not meet CARB 2007 emission standards.

The last exit fee is to recover payment for energy that was bought by the California Department of Water and Resources (DWR) when the three major utilities could not afford to purchase power for their customers at the height of the crisis. The California Public Utilities Commission has exempted many types of small, renewable, and clean self-generation from these extra power surcharges. Customers of Pacific Gas and Electric Company, Southern California Edison, and San Diego Gas and Electric Company who installed their own power generation before January 17, 2001-when the California Department of Water Resources began contracting for electricity-are exempt from most surcharges, as are customer generation systems that meet certain environmental criteria. The CPUC created the exceptions to the surcharges to promote economic incentives for alternative generation and to comply with legislative and commission policy.

The CPUC provides the following exceptions:

1) Systems smaller than 1 MW that are net-metered and/or eligible for CPUC or California Energy Commission (CEC) incentives for being clean and super-clean are fully exempt from any surcharge. This includes many solar and wind systems as well as fuel cells.

2) Ultra-clean and low-emission systems (such as solar) that are 1 MW or greater that meet Senate Bill 1038 requirements to comply with CARB 2007 air emission standards will pay 100% of the bond charge but no future DWR charges or utility under-collection surcharges.

3) All other self-generation customers will pay all components of the surcharge except the DWR ongoing power charges.

When the combined total installed generation reaches 3,000 MW or when generation in the third category reaches periodic lower caps set by the CPUC, any additional customer generation installed will pay all surcharges. The cap is based on the 10-year forecast of departing load that DWR relied on when negotiating its contracts, and, therefore, any self-generation installed under that cap does not result in shifting costs to other customers. The caps on non-renewable self-generation are to ensure that priority is given to renewable and ultra-clean generation sources. The surcharge includes costs related to financing bonds that were sold to cover revenue shortfalls in 2001, ongoing power costs, and transition costs (recovery of generation-related costs to enable utilities to transition to a competitive market). State law, through Assembly Bill 117, requires the DWR be fully reimbursed for its purchases, but it leaves the determination of each customer's fair share of those costs to the CPUC's discretion. Most customers who install self-generation still remain utility customers and therefore still contribute to DWR and transition costs.

See matrix for a complete breakdown of all charges.

*****************************************************************

Special Note:

(01/10/04)

On his first day in office, Governor Arnold Schwarzenegger ordered a halt to all pending regulations, and a review of these and the last five year's worth of regulations. This puts the status of a decision (03-04-030) by the California Public utility Commission (CPUC) in question. Under the governor's executive order, proposed rules will be stalled for up to six months, and some may be frozen indefinitely.

The California Energy Commission sent a letter to the state's Office of Administrative Law requesting that the exit fee exemptions be reinstated. They have made the case that the freezing of the regulation places too much uncertainty in the DG market. The Director of Finance should make a ruling sometime soon.

******************************************************************

BUILDING, ZONING AND FIRE CODES:

California Building Standards Commission

The California Building Standards Commission is responsible for adopting and enforcing building codes within the state.

Instructions on how to view the California codes can be viewed by clicking on California Code of Regulations (CCR), Title 24

California State Fire Marshal

California Energy Commission DG Permitting Information

International Code Council State Adoption Information Page

Provides an easy to use US map to locate state and local adoption of the International Code Council's model codes.

US DOE's Office of Building Technology, State and Community Programs, Building Codes Database

The US DOE's database provides a comprehensive look at a state's building code implementation and enforcement process.

ECONOMIC INCENTIVES:

On March 27, 2001 the California PUC announced new incentive programs to encourage residential and commercial customers to install grid connected renewables and clean DG resources. The Self-Generation Incentive Program provides incentives to encourage customers to produce energy using microturbines, small gas turbines, wind turbines, photovoltaics, fuel cells, and internal combustion engines. The incentives include payments of $1 - $4.50/Watt, depending on the technology used, and will be funded through the end of 2007. In October 2003, the Governor signed AB 1685 which extended the program expiration date from 12/31/04 to 1/1/08, as well as providing funding of approximately $500 million. The bill also expands some program requirements, including the definition of ultra clean and low emission DG.

The program has 4 incentive levels:

Level #1 Level #2 Level #3N Level #3R
Technologies:
  • Photovoltaic,
  • Fuel Cells*
  • Wind Turbines
  • Fuel Cells**
  • Microturbines*
  • Internal combustion engines and small gas turbines*
  • Microturbines**, ***
  • Internal combustion engines and small gas turbines**, ****
  • Rebate: Lesser of $4.50/W or 50% of project cost Lesser of $2.50/W or 40% of project cost Lesser of $1.00/W or 30% of project cost Lesser of $1.50/W or 40% of project cost
    System Size: 30 kW minimum to 1.5 MW maximum! No minimum, maximum up to 1.5 MW! No minimum, maximum up to 1.5 MW! No minimum, maximum up to 1.5 MW!


    * Operating on renewable fuel.
    ** Operating on non-renewable fuel.
    *** Using sufficient waste heat recovery and meeting reliability criteria.
    **** Both utilizing sufficient waste heat recovery and meeting reliability criteria.
    ! Maximum system size is 1.5 MW, however, output capacity above the first 1.0 MW is not eligible for incentives.

    Customers of PG&E, SDG&E, Edison and SoCal Gas may contact their program administrator for an application, program handbook, and additional eligibility information. PG&E, SCE, and SoCal Gas will administer the incentive program in their service territories; San Diego Regional Energy Office will administer the program in SDG&E's territory.

    More information can be found at the California Energy Commission DG Incentive Website

    INTERCONNECTION REQUIREMENTS:



    Summary Requirements
    Eligible Technologies Solar Thermal Electric, Photovoltaics, Landfill Gas, Wind, Biomass, Hydroelectric, Geothermal Electric, Fuel Cells, Municipal Solid Waste, CHP/Cogeneration, Microturbines, Other Distributed Generation Technologies
    Size Limitations Up to 10 MW for DG units, up to 10 kW for simplified rules, overall enrollment is limited to 0.5% of utility peak
    External Disconnect Requirements Yes for units greater than 1 kW
    Insurance Requirements None
    Additional Information California's interconnection standard is known as Rule 21. Rule 21 applies to all DG and renewable systems under 10 MW. This rule is a tariff on utilities and therefore each utility in the state has their own tariff filed with the California Public Utilities Commission (CPUC).

    For larger DG units up to 10 MW the utility must perform a Initial Review Process (IRP). If the system meets all of the requirements of the IRP then it qualifies for Simplified Interconnection. Otherwise, the unit must undergo a Supplemental Review Process (SRP). After the SRP some systems may go through Simplified Interconnection with a few extra requirements or may be required to go through a formal Interconnection Study. Photovoltaics and wind units that are under 10 kW qualify for a simplified interconnection procedure that bypasses the review and interconnection study phase of the process.




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