BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1036|
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                                 THIRD READING


          Bill No:  SB 1036
          Author:   Perata (D)
          Amended:  7/12/07
          Vote:     27

           
           SENATE ENERGY, U. & C. COMMITTEE  :  8-0, 4/24/07
          AYES:  Kehoe, Dutton, Battin, Cox, Padilla, Ridley-Thomas,  
            Simitian, Wiggins
          NO VOTE RECORDED:  Calderon

           SENATE APPROPRIATIONS COMMITTEE  :  17-0, 5/7/07
          AYES:  Torlakson, Cox, Aanestad, Ashburn, Battin, Calderon,  
            Cedillo, Corbett, Correa, Dutton, Florez, Kuehl, Oropeza,  
            Ridley-Thomas, Runner, Wyland, Yee

           SENATE FLOOR  :  39-0, 6/4/07
          AYES:  Aanestad, Ackerman, Alquist, Ashburn, Calderon,  
            Cedillo, Cogdill, Corbett, Correa, Cox, Denham, Ducheny,  
            Dutton, Florez, Harman, Hollingsworth, Kehoe, Kuehl,  
            Lowenthal, Machado, Maldonado, Margett, McClintock,  
            Migden, Negrete McLeod, Oropeza, Padilla, Perata,  
            Ridley-Thomas, Romero, Runner, Scott, Simitian,  
            Steinberg, Torlakson, Vincent, Wiggins, Wyland, Yee
          NO VOTE RECORDED:  Battin

           ASSEMBLY FLOOR  :  57-18, 9/10/07 - See last page for vote


           SUBJECT  :    Energy:  renewable energy resources

           SOURCE  :     Author

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           DIGEST  :    This bill, effective July, 2008, recasts the  
          Renewables Portfolio Standard Program, a program for the  
          purchase of renewable energy.

           Assembly Amendments  (1) delete provisions that specifically  
          require refunds to customers within 180 days and (2)  
          require the Public Utilities Commission to ensure each  
          investor-owned utility allocates its share of the refund in  
          a manner that maximizes the economic benefit to customer  
          classes that funded the New Renewable Resource Account.

           ANALYSIS  :    Current law requires investor-owned utilities  
          and other retail sellers of electricity to increase their  
          purchases of renewable energy by one percent of sales per  
          year such that 20 percent of their retail sales, as  
          measured by usage, are procured from eligible renewable  
          resources by 2010.  This is known as the Renewable  
          Portfolio Standard (RPS).

          Current law authorizes the California Energy Commission  
          (CEC) to award Supplemental Energy Payments (SEP) to  
          renewably energy produces if their price for renewable  
          energy exceeds the market price for electricity, as  
          determined by the Public Utilities Commission (PUC).  Once  
          SEP funding is exhausted, the investor-owned utilities are  
          no longer required to purchase additional renewable energy  
          at above market prices.   Funding for the SEP comes from an  
          existing surcharge on electric bills which are designated  
          for developing new in-state renewable electricity  
          generation facilities.

          This bill deletes the authority for the CEC to award SEPs  
          and refunds to customers' unspent SEP funds.  This bill,  
          instead, authorizes the PUC to allow investor-owned  
          utilities to recover costs for renewable energy that are in  
          excess of market prices, as determined by the PUC, with a  
          cap on such costs equal to the maximum SEP that would have  
          been allowed for each investor-owned utility.

           Background

           Meeting California's 20 percent RPS standard has been a  
          challenge for California's investor-owned utilities.  The  

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          utilities have attained differing levels of RPS  
          achievement:  PG&E - 12.4 percent, Southern California  
          Edison - 16.7 percent, SDG&E - 6.3 percent.  But in a  
          recent hearing of the Senate Energy, Utilities and  
          Communications Committee, representatives of those  
          utilities and the PUC expressed considerable optimism that  
          they would be in compliance with that standard on or about  
          2010.

          In approving a 20 percent RPS standard, there was  
          considerable concern that the costs could be unreasonably  
          high because it greatly increased the demand for renewable  
          energy in a short period of time.  Thankfully, those  
          concerns have not been manifested yet.  So far almost all  
          renewable purchases have been at or below the market price  
          for non-renewable energy.  But renewable energy prices are  
          expected to rise as region-wide demand grows and the most  
          attractive renewable energy sources get tapped.  The SEP  
          program was the mechanism for ensuring the California's  
          desire for renewable energy did not cause large rate  
          increases.  Limiting the SEP to the funds collected by the  
          existing public goods surcharge for new renewable energy  
          sources meant that an additional $70 million annually would  
          be available to subsidize renewable energy purchases.

           Comments

           While most renewable energy purchases did not require SEP  
          funding, a few projects did.  And it is that experience  
          which establishes the basis for this bill.  Each utility  
          solicits bids to supply renewable energy which are  
          predicated on the particular energy needs of the utility.   
          A selected bid requiring SEP payments is forwarded to the  
          CEC.  The CEC then independently reviews the bid and  
          authorizes payment if appropriate.  This CEC process has  
          led to two concerns, according to the author.  The first is  
          that the CEC process is seen by some as duplicative of the  
          work already done by the PUC's bid review process, though  
          the CEC asserts that it is simply performing its fiduciary  
          duty to the utility customers, who have provided the funds.  
           The second, and more problematic, concern is that the SEP  
          awards are subject to annual appropriation in the budget.   
          This creates enough uncertainty that bankers and investors  
          do not consider the SEP awards to be available when they  

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          consider whether to fund a given renewable energy project.   
          The SEP mechanism, then, seems not to be achieving its  
          purpose.

          The proposed solution is to take the CEC out of the process  
          and to build the SEP cost into electric rates.  The author  
          believes that this removes the redundant review process and  
          makes the SEP funds financeable because electric rates are  
          not subject to annual appropriation.

          The bill keeps the existing cost caps in place, entrusting  
          the PUC to assure that the SEP payments don't exceed what  
          would have been collected in the public goods charge for  
          new renewable energy projects.

          The refund provided for in this bill will be substantial.   
          Current projections for the SEP balance are about $300  
          million as of July 2007, though this amount could decline  
          if the CEC makes SEP awards before this bill is enacted.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  No

                          Fiscal Impact (in thousands)

           Major Provisions             2007-08             2008-09          
              2009-10             Fund

           Revision of renewable   $70,000 annually (new surcharge  
          paid         Private
          energy funding               by customers)
          mechanism

          Refund                           Estimated $370,000 (to be  
          returned to          Special*
                                                 customers)

          PUC/CEC                      Minor costs ongoing; minor  
          savings one       Special/
                                                 time                  
                                                         General

          *New Renewable Resources Account


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          While the bill strikes the authority of the CEC to award  
          supplemental energy payments to renewable energy producers,  
          the bill authorizes the PUC to allow investor owned  
          utilities to recover costs for renewable energy that are in  
          excess of market prices.  These supplemental energy  
          payments are capped such that the payments for projects  
          will not exceed what would have been collected in the  
          public goods charge for new renewable projects.  
          
           SUPPORT  :   (Verified  5/9/07) (Unable to reverify)

          American Federation of State, County and Municipal  
          Employees
          Pacific Gas and Electric Company
          Sempra Energy
          Southern California Edison
          The Utility Reform Network
          Union of Concerned Scientists

           OPPOSITION  :    (Verified  5/9/07) (Unable to reverify)

          Independent Energy Producers

           ASSEMBLY FLOOR  : 
          AYES:  Aghazarian, Arambula, Bass, Beall, Berg, Berryhill,  
            Blakeslee, Brownley, Caballero, Charles Calderon, Carter,  
            Cook, Coto, Davis, De La Torre, De Leon, DeSaulnier,  
            Dymally, Emmerson, Eng, Evans, Feuer, Fuentes, Galgiani,  
            Garcia, Hayashi, Hernandez, Horton, Houston, Huffman,  
            Jones, Karnette, Krekorian, Laird, Leno, Levine, Lieber,  
            Lieu, Ma, Mendoza, Mullin, Nava, Parra, Plescia,  
            Portantino, Price, Ruskin, Salas, Saldana, Smyth,  
            Solorio, Soto, Swanson, Torrico, Tran, Wolk, Nunez
          NOES:  Adams, Anderson, Benoit, DeVore, Duvall, Fuller,  
            Gaines, Huff, Keene, La Malfa, Maze, Nakanishi, Niello,  
            Sharon Runner, Silva, Spitzer, Villines, Walters
          NO VOTE RECORDED:  Garrick, Hancock, Jeffries, Strickland,  
            Vacancy


          NC:cm  9/11/07   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE


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