BILL ANALYSIS
AB 1351
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: AB 1351
AUTHOR: Blakeslee
AMENDED: May 6, 2009
FISCAL: Yes HEARING DATE: July 13, 2009
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : RENEWABLE ENERGY RESOURCES
SUMMARY :
Existing law authorizes the incremental increase in the amount
of electricity generated from a hydroelectric generation
facility as a result of efficiency improvements at the
facility to be electricity from an eligible energy resource if
four conditions are met, including:
1) The facility has within the previous 15 years received
certification from the State Water Resources Control Board
(SWRCB) pursuant to the federal Clean Water Act.
2) The hydroelectric generation facility was operational
before January 1, 2007, the efficiency improvements are
initiated on or after January 1, 2008, and certain
conditions are met.
This bill :
1) Authorizes the Clean Water Act certification to be received
by a state board or agency, rather than SWRCB.
2) Provides that the facility is owned by a retail seller or a
local publicly owned electric utility.
COMMENTS :
1) Purpose of Bill . According to the author, "The bill makes
technical amendments to certification conditions for
hydroelectric facilities eligible for the Renewables
Portfolio Standard (RPS) to permit certification for
AB 1351
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federal law by the appropriate state agency or board.
Specifically, the bill clarifies that multi-jurisdictional
utilities serving electric customers in multiple states,
and therefore outside the jurisdiction of the State Water
Resources Control Board, may count efficiency improvements
at their existing out-of-state facilities towards their RPS
requirements if they receive Clean Water Act certification
by the appropriate state agency or board in the state where
the facility is located."
AB 1351 was approved by the Senate Energy, Utilities and
Communications Committee July 7, 2009 (11-0).
2) Clarification needed . Amendments are needed to ensure a
hydroelectric facility in California received certification
from SWRCB, and an applicable state board or agency for
facilities in other states.
The most recent amendments to AB 1351 reference "local
publicly owned electric utility" (page 3, line 10). Public
Utilities Code 399.12 defines this term as having the same
meaning as provided in 9604(d). However, AB 3048
(Committee on Utilities and Commerce) Chapter 558, Statutes
of 2008, repealed 9604(d) and added the definition as
224.3. Amendments are therefore needed to correct the
cross reference in 399.12.
SOURCE : Assemblymember Blakeslee
SUPPORT : Pacific Power
Sierra Pacific Power Company
OPPOSITION : None on file