BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1036
                                                                  Page 1

          Date of Hearing:  July 9, 2007

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                 Loni Hancock, Chair
                 SB 1036 (Perata) - As Introduced:  February 23, 2007

           SENATE VOTE  :  39-0
           
          SUBJECT  :  Renewable energy resources.

           SUMMARY  :  Eliminates California Energy Commission (CEC)  
          administration of funds available for award to new renewable  
          energy facilities in the form of supplemental energy payments  
          (SEPs) pursuant to the Renewables Portfolio Standard (RPS).   
          Provides for refund of accumulated CEC funds to ratepayers.   
          Authorizes the Public Utilities Commission (PUC) to allow  
          recovery of future above-market costs pursuant to its ratemaking  
          authority.

           EXISTING LAW  :

          1)The RPS requires investor-owned utilities (IOUs) and certain  
            other retail sellers to achieve a 20 percent renewable  
            portfolio by 2010 and establishes a detailed process and  
            standards for renewable procurement.  The PUC may only  
            authorize recovery of procurement costs at or below a  
            specified market price, but the CEC is authorized to award  
            SEPs to cover above-market costs if the price for renewable  
            energy exceeds the PUC-set market price.

          2)Provides over $135 million per year of ratepayer funds to the  
            CEC to administer the Renewable Energy Program (REP).   
            Fifty-one and one-half percent of these funds are available  
            for award to new renewable energy facilities in the form of  
            SEPs pursuant to the RPS.  Collection of ratepayer funds for  
            these and other purposes is authorized until 2012.  To date,  
            no SEPs have been awarded and the funds collected for this  
            purpose since the RPS was enacted in 2003 have accumulated to  
            the amount of approximately $370 million.

           THIS BILL  :

          1)States legislative intent to streamline the approval of  
            above-market RPS contracts, ensure that approved contracts can  
            be relied upon to finance new renewable facilities, and  








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            continue meaningful ratepayer protections by limiting total  
            RPS costs.

          2)Repeals the new renewable energy element of the CEC's REP,  
            reduces annual collection for the REP from $135 million to $65  
            million, and reallocates remaining funds between the other two  
            elements of the REP - existing and emerging renewable energy.

          3)Requires the CEC to terminate any pending new renewable awards  
            and, by March 1, 2008, transfer to IOUs the remaining  
            unencumbered funds in the New Renewable Resources Account, to  
            be allocated on the basis of sales and refunded to customers  
            within 180 days.

          4)Repeals the CEC's authority to award SEPs pursuant to the RPS  
            and repeals related SEP provisions in the RPS.

          5)Requires the PUC to establish comparable above-market cost  
            limits so that total RPS costs do not exceed what has been  
            authorized under existing law.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :

           1)Background.   The SEP program was created as part of the RPS'  
            detailed process and standards for renewable procurement so  
            that IOUs' purchase of renewable energy at above-market prices  
            could occur in a transparent and limited manner.  The SEP  
            program created a budget for the attainment of the 20 percent  
            RPS goal.  Under the RPS, if and when the funds set aside for  
            SEPs are exhausted, IOUs are no longer required to buy  
            renewable energy.  In the first few years of the RPS, IOUs  
            succeeded in buying renewable energy at or below market prices  
            set by the PUC to reflect the prevailing cost of conventional  
            energy.  Only recently have IOUs and renewable developers  
            signed contracts at above-market prices and applied to the CEC  
            for SEP awards.  While at least two applications are pending,  
            the CEC has yet to approve any SEP awards.  In addition to the  
            complicated process, where two agencies must approve different  
            aspects of the same contract, a substantive problem with the  
            existing structure has been identified.  A renewable developer  
            relying on the full contract price to secure financing may be  
            unable to finance that portion of the price being paid by SEPs  
            because SEPs would be paid over the course of many years out  








                                                                  SB 1036
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            of state funds which are subject to annual appropriation in  
            the Budget Act.  As a result, lenders may not consider the  
            source of funds adequately secure.  On the other hand, lenders  
            apparently attribute greater security to the portion of price  
            being paid through IOU rates set by the PUC, which can be  
            changed by the PUC, but aren't subject to appropriation.  This  
            bill attempts to address the financing problem and ease the  
            complication of the RPS process, while refunding to ratepayers  
            the unused funds collected during the last several years to  
            support new renewable resources.  The bill creates a "one stop  
            shop" for above-market RPS contracts at the PUC, takes the CEC  
            out of the equation, and leaves cost containment in the hands  
            of the PUC.

           2)Amendments recommended by Utilities and Commerce Committee.    
            When this bill was approved by the Utilities and Commerce  
            Committee July 2, the author and committee agreed to  
            amendments, with adoption deferred to this committee.  The  
            amendments require the PUC to ensure each IOU allocates its  
            share of the refund "in a manner that maximizes the economic  
            benefit to all customer classes that funded the New Renewable  
            Resource Account" (plus related technical amendments).  These  
            amendments replace provisions that specifically require  
            refunds to customers within 180 days.  Presumably, this would  
            allow the funds to be used to offset new costs or otherwise  
            compensate customers, if the PUC determines that issuing  
            individual customer refunds is too costly.

           3)Conflicts.   This bill contains technical conflicts with the  
            following bills, amending the same sections in inconsistent  
            ways so that if both bills are signed, the later chaptered  
            bill will negate the changes made by the earlier:

            SB 410 (Simitian and Perata), pending in this committee.  Both  
            bills amend Sections 25740.5 and 25742 of the Public Resources  
            Code.  

            SB 411 (Simitian), pending in this committee.  Both bills  
            amend Section 399.15 of the Public Utilities Code.

            AB 94 (Levine), pending in this committee (two-year bill).   
            Both bills amend Section 399.15 of the Public Utilities Code.

            AB 809 (Blakeslee), pending in the Senate Natural Resources  
            and Water Committee.  Both bills amend Sections 399.13 and  








                                                                  SB 1036
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            399.16 of the Public Utilities Code.

             The author and the committee may wish to consider  some  
            combination of amendments to this bill and the others to  
            resolve these conflicts.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          None on file
           
            Opposition 
           
          None on file


           Analysis Prepared by  :  Lawrence Lingbloom / NAT. RES. / (916)  
          319-2092