BILL ANALYSIS                                                                                                                                                                                                    




                                                                  SB 107
                                                                  Page A
          Date of Hearing:   July 6, 2005

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                               Lloyd E. Levine, Chair
              SB 107 (Simitian and Perata) - As Amended:  June 21, 2005

          SENATE VOTE  :   25-14
           
          SUBJECT  :   Renewable energy.

           SUMMARY  :  Accelerates California Renewables Portfolio Standard  
          (RPS) to require retail sellers of electricity to procure at  
          least 20% of their retail sales from renewable power by 2010  
          instead of 2017.  Clarifies existing rules to allow renewable  
          power to count toward a retail seller's RPS even if the  
          associated electricity is not delivered to the retail seller.   
          Specifically,  this bill  :  

          1)Requires that all retail sellers of electricity, excluding  
            local publicly owned electric utilities (munis), to procure at  
            least 20% of the total electricity sold from eligible  
            renewable resources by 2010. 

          2)Requires the California Energy Commission (CEC) to review the  
            feasibility of increasing the 20% renewable resources target  
            to 33% by 2020 and to make recommendations on how to induce  
            municipal utilities to comply with the RPS requirements.

          3)Changes the definition of eligible renewable resource to allow  
            renewable power that is produced outside of California to  
            count toward a retail seller's RPS if the associated  
            electricity is delivered to an in-state location, and it  
            complies with California environmental quality standards. 

          4)Allows eligible renewable generation facilities located  
            outside of California to receive Supplement Energy Payments  
            (SEPs).

          5)Allows renewable energy projects to receive SEPs for the above  
            market cost of the renewable electricity for the value of the  
            life of the contract instead of just for the first 10 years of  
            the contract.

          6)Allows an Investor Owned Utility (IOU) to receive supplemental  
            energy payments for renewable generation facilities which it  









                                                                  SB 107
                                                                  Page B
            owns.

          7)Requires munis to annually prepare a report to the CEC on the  
            mix of eligible renewable resources used in their portfolio  
            and on their progress toward meeting the muni's RPS.

          8)Defines Renewable Energy Credit (REC) to mean a certificate  
            that one unit of electricity was generated by an eligible  
            renewable energy resource and includes all renewable and  
            environmental attributes associated with the production of  
            electricity, except for emission reduction credits. 

          9)Provides that RECs that are unbundled from the electricity  
            cannot be used to satisfy the RPS requirements.

          10)Requires the CEC to develop a system to certify, track and  
            verify RECs produced by renewable energy resources.

          11)Specifies that a renewable energy project selected by an  
            Energy Service Provider (ESP) may only receive SEPs only if  
            the ESP selects the project through a "least-costs best-fit  
            process" and the SEPs are reasonable in comparison to other  
            projects.  

          12)Provides that renewable power generated under terms of a  
            contract executed before January 1, 2002, shall count toward a  
            retail seller's RPS obligations.

          13)Provides renewable power generated under terms of contracts  
            awarded to Qualifying Facilities (QFs) under the Public  
            Utility Regulatory Policies Act (PURPA) of 1978, shall count  
            toward a retail seller's RPS obligations.

          14)Provides that the goal to increase California's renewable  
            energy production so that 20 % of all retail sales of  
            electricity come from renewable resources by 2010, is subject  
            to rules of flexible compliance that would allow a retail  
            seller to shift their procurement requirements forward three  
            years.

          15)Allows electric corporations with fewer than 60,000 customers  
            in California that also services customers in other states, to  
            meet the RPS under different rules than other retail sellers. 

          16)Provides that the cost of a new transmission facility that is  









                                                                  SB 107
                                                                  Page C
            built to deliver electricity from areas with high  
            concentrations of renewable power shall be paid for by all  
            electricity customers in California. 

          17)Requires all long term procurement plans entered into by an  
            electrical corporation or a muni to adopt a strategy to  
            achieve efficiency in the use of fossil fuel and to address  
            carbon emissions. 

           EXISTING LAW  :

          1)Requires retail sellers of electricity, except munis, to  
            increase their existing level of renewable resources by 1% of  
            sales per year such that 20% of their retail sales are  
            procured from eligible renewable resources by 2017.

          2)Defines eligible renewable resources to include all generation  
            from a renewable electricity generation facility that uses  
            biomass, solar thermal, photovoltaic, wind, geothermal, fuel  
            cells using renewable fuels, small hydroelectric generation of  
            30 megawatts or less, digester gas, municipal solid waste  
            conversion, landfill gas, ocean wave, ocean thermal, or tidal  
            current, and any additions or enhancements to the facility  
            using that technology. Requires the renewable resource to be  
            located in California or be directly connected with the  
            California transmission system.

          3)Exempts munis from the statutory requirements of RPS and  
            instead requires munis to implement and enforce their own RPS  
            program that recognizes the intent of the Legislature to  
            encourage renewable resources. 

          4)Allows the CEC to award SEPs to generators of eligible  
            renewable resources to cover above market costs of renewable  
            energy, but SEPs may not be paid to one project for more than  
            10 years.

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :   The purpose of this bill is to accelerate the  
          state's existing RPS requirements so that 20% of retail sales of  
          electricity in California come from renewable resources by the  
          year 2010 and to address issues that may make compliance with  
          the RPS difficult.










                                                                  SB 107
                                                                  Page D
          1)  Brief history  : In 2002, the Legislature approved SB 1078  
          (Sher), Chapter 516, Statutes of 2002, which created  
          California's RPS.  Under the RPS, the Investor Owned Utilities  
          (IOUs) are required to increase their renewable procurement each  
          year by at least 1% of total sales, so that 20% of their sales  
          are from renewable energy sources by December 31, 2017.  Once a  
          20% portfolio is achieved, no further increase is required.    
          The PUC is required to adopt comparable requirements for direct  
          access providers and community choice aggregators.  Munis are  
          not required to meet the same RPS as the IOUs, but instead must  
          implement and enforce their own RPS program that recognizes the  
          intent of the Legislature to encourage renewable resources.

          The RPS also allows new renewable energy providers to apply to  
          the CEC for SEPs.  SEPs will be awarded to renewable energy  
          providers to cover the difference between the prices they bid in  
          a competitive solicitation and a market price established by the  
          PUC.  The RPS requires IOUs, and certain other retail energy  
          providers, to buy renewable electricity to the extent Public  
          Goods Charges (PGC) funds<1> are available to pay for SEPs.  If  
          no PGC funds are available, the retail energy providers are not  
          required to purchase additional renewable power.

          The RPS requires the PUC to adopt a rulemaking within six months  
          of its enactment (January 2003), to implement the RPS and to  
          determine market prices from which SEPs can be determined.  On  
          June 9, 2004, the PUC approved two decisions that established  
          standard market terms for renewable contracts and a method for  
          calculating market prices for renewable resources.  Since then,  
          the IOUs have issued Requests for Proposals (RFPs) for renewable  
          energy contracts that would comply with the RPS and potentially  
          be eligible to receive SEPs.  
          The PUC has also approved a number of renewable contracts  
          through an ad hoc process.  These contracts have resulted in the  
          IOUs agreeing to purchase renewable power that will count toward  
          their RPS obligations but that will not be eligible to receive  
          SEPs. 

           2) Accelerated RPS Compliance  :  The "Energy Action Plan"(EAP)  
          adopted by the PUC, the CEC and the Power Authority (PA) pledges  
          ---------------------------
          <1> Existing law requires electric utilities to identify and  
          collect a separate rate component to fund energy efficiency,  
          public interest renewable energy research, and related "public  
          goods" programs.









                                                                  SB 107
                                                                  Page E
          that the agencies will accelerate RPS implementation to meet the  
          20% goal by 2010, instead of 2017.  The Governor has also  
          endorsed "20% by 2010" and proposed an additional goal of 33% by  
          2020. The PUC believes this accelerated goal can be mandated  
          without additional legislation.  
           
          Currently, two of the three major IOUs appear to be able to meet  
          the 20% by 2010 goal.  Pacific Gas & Electric's (PG&E) current  
          baseline of renewable power is at 13%, while Southern California  
          Edison (SCE) already has 18% of eligible renewable power in its  
          portfolio.  San Diego Gas & Electric (SDG&E) currently only  
          receives 5.5% of its electricity from renewable resources. 

          3)  Delayed implementation  : This bill contains a provision that  
          requires the PUC to create rules to allow retail sellers to  
          delay meeting the 20% by 2010 goal if the retail seller cannot  
          meet the goals.  This provision could result in delaying  
          achievement of the 20% goal until 2013.  This provision could  
          weaken the firm goals already set forth in the EAP and may delay  
          implementation of the RPS.  To assure that this bill does not  
          actually weaken the current goals in the EAP, the committee may  
          want to consider amending the bill to delete the provision  
          allowing retail sellers to delay implementation  . 

          4)  Making 20% an achievable goal:  Currently, provisions in the  
          RPS statute may prevent some retail sellers from meeting any  
          mandate to procure 20% of their electricity from renewable  
          resources by 2010.  Transmission constraints will limit SDG&E's  
          ability to buy new renewable electricity and have that  
          electricity delivered to its service territory.  The current RPS  
          statute requires that ESPs procure their renewable resources  
          through contracts that are at least 10 years in length, but  
          because of the long term uncertainty of direct access markets in  
          California, ESPs may not be able to sign enforceable contracts  
          of that length.  

          This bill attempts to address the problems with transmission  
          constraints by clarifying that electricity from eligible  
          renewable resources does not have to be delivered to the service  
          territory of the retail seller and instead only requires that  
          the electricity be provided to the retail seller at a location  
          within California.  This provision would maintain the RPS's  
          objective of reducing consumption of fossil fuels within  
          California, but would allow for more flexibility in the delivery  
          of electricity.  If the renewable electricity were actually  









                                                                  SB 107
                                                                  Page F
          provided to the retail seller in another IOU's service  
          territory, the retail seller and the IOU would merely arrange to  
          swap other electricity. This type of swapping had been a common  
          practice in the past. 

          The PUC has recently issued a draft decision that would, if  
          approved, allow for renewable power that is delivered anywhere  
          in the state to count toward an IOU's RPS obligations. 

          This bill does not address the problems ESPs have in signing  
          long term contracts.

          5)  Out of state delivery:  Current law is ambiguous as to whether  
          renewable power produced outside of California can count toward  
          California's RPS and can qualify for SEPs.  One of the main  
          goals of the RPS is to reduce the need for fossil fuel fired  
          electricity in California.  This goal can still be achieved if  
          electricity from other states is allowed to count toward the  
          RPS, provided the electricity is actually delivered to the  
          state. Allowing out of state produced renewable electricity to  
          count toward the RPS will create a significantly larger market  
          for renewable power and could potentially lower the overall cost  
          of renewable power. 

          Other parties believe that only electricity that is produced  
          within California should count toward the RPS since another goal  
          of the RPS is to create California jobs. They believe that  
          allowing for out of state delivery of renewable power could  
          eliminate some California jobs. 

          This bill addresses the issue by allowing renewable power that  
          is produced outside of California to count toward a retail  
          seller's RPS obligations, provided it is delivered to  
          California. The bill also allows these projects to qualify for  
          SEPs. 

          While allowing out of state produced renewable power to count  
          toward California's RPS could lead to lower costs for renewable  
          power, the committee however may want to consider if these  
          projects should also qualify for subsidies from California  
          ratepayers in the form of SEPs.  The goal of creating more  
          California jobs may be better maintained if California ratepayer  
          money is only used to fund California projects and is not used  
          to subsidize out of state projects.  Therefore, the committee may  
          want to consider amending the bill to provide that only projects  









                                                                 SB 107
                                                                  Page G
          located within California can qualify for SEPs. 
           
          6)  IOU eligibility for SEPs  : Current law prohibits an IOU from  
          receiving SEPs for utility owned renewable generations. Since  
          the IOUs are entitled to recover all of their reasonable costs  
          for generation they own from the ratepayers, there appears to be  
          little need to allow them to access ratepayer funded SEPs to pay  
          for the above market costs of the renewable generation.   
          Allowing IOU owned projects to qualify for SEP may not result in  
          more renewable generation, but would divert SEPs away from other  
          renewable projects. Because the RPS provides that retail sellers  
          do not have to comply with the RPS if no SEPs are available to  
          pay for the above market costs of renewable power, this  
          diversion could actually result in delays in implementing the  
          RPS.  To assure that there are sufficient SEPs to meet the needs  
          of the RPS, the committee may wish to consider amending the bill  
          to delete the provision allowing IOUs to qualify for SEPs.  


          6)  Multiple definitions of delivered:  Currently the bill  
          contains multiple definitions of what is considered "delivery"  
          of electricity and none of the definitions are clear as to what  
          would constitute "delivery." It appears that the intent of the  
          definitions is to define delivery of electricity as providing  
          electricity to a point within California specified by the retail  
          seller.  To clarify this point, the committee may wish to  
          consider amending the bill to provide a single definition of  
          delivery  .   

          7)  Related Legislation  : AB 1362 (Levine), which was approved by  
          this committee on an 8 to 3 vote earlier this year, mandates the  
          acceleration of the RPS to 20% by 2010. AB 1585 (Blakeslee),  
          which passed this committee on an 11 to 0 vote earlier this  
          year, requires the CEC to study the feasibility of attaining a  
          33 percent RPS standard. Both these bills passed the Senate  
          Energy, Utilities and Communications Committee on June 30, 2005.  
          Both bills were amended in committee to make their enactment  
          contingent on the enactment of SB 107.

          Additionally, AB 200 (Leslie), which was approved by this  
          committee on a 9 to 0 vote in April, and is currently pending on  
          the Senate Floor, addresses the same issues of compliance of out  
          of state utilities that service less than 60,000 customer in  
          California that this bill addresses. 










                                                                  SB 107
                                                                  Page H
           The committee may wish to consider whether an additional bill  
          should be approved on the same subject and, if so, whether the  
          overlapping provisions should be made consistent in both bills,  
          or divided between the bills.
                      
          8)  Prior Legislation  : SB 1478 (Sher) from the 2003-2004 session  
          contained the provision in this bill to accelerate the RPS  
          targets to 20% by 2010, but also contained provisions allowing  
          RECs to be eligible for RPS compliance. 

          9)  Technical changes  : 

          On page 23 starting at line 30, the added subdivision (e) of  
          Public Utilities Code Section 399.13, was originally intended to  
          address issues with muni sales of RECs for the purposes of RPS  
          compliance, but since this bill no longer allows RECs to be used  
          for RPS compliance, the section does not make sense and should  
          be deleted. 

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Public Utilities Commission (CPUC) (Support in  
          concept)
          Clean Power Campaign
          East Bay Municipal Utility District (EBMUD)
          Independent Energy Produces (support if amended)
          Sierra Club California
          Union of Concerned Scientists
           
            Opposition 
           
          Sempra Energy (Oppose unless amended)
          Southern California Edison (SCE) (Oppose unless amended)
          Calpine (Oppose unless amended) 
          Pacific Gas and Electric (PG&E) (Oppose unless amended)

           Analysis Prepared by  :    Edward Randolph / U. & C. / (916)  
          319-2083