BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1036| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED SB 1036 Page 2 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 CONTINUED SB 1036 Page 3 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 CONTINUED SB 1036 Page 4 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 CONTINUED SB 1036 Page 5 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 CONTINUED SB 1036 Page 6 **** END **** CONTINUED