BILL ANALYSIS
AB 1351
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1351 (Blakeslee)
As Amended July 23, 2009
Majority vote
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|ASSEMBLY: |76-0 |(May 8, 2009) |SENATE: |35-0 |(September 3, |
| | | | | |2009) |
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Original Committee Reference: U. & C.
SUMMARY : Amends current law that allows for incremental
increases in electricity production from hydroelectric
facilities to count toward a retail seller's Renewable Portfolio
Standard (RPS) obligation if the hydroelectric facilities are
certified by the of the California State Water Resources Control
Board (SWRCB) to allow out-of-state facilities to be certified
by the appropriate board in that state.
The Senate amendments are technical and clarifying amendments.
EXISTING LAW :
1)Requires investor-owned utilities (IOUs) and other retail
sellers to meet the California RPS by procuring at least 20%
of electricity delivered to their retail customers from
eligible renewable resources by 2010.
2)Defines eligible renewable resources technologies to include
biomass, solar thermal, photovoltaic, wind, geothermal, fuel
cells using renewable fuels, small hydroelectric (30 megawatts
((MW) or less), digester gas, municipal solid waste
conversion, landfill gas, ocean wave, ocean thermal, and tidal
current.
3)Allows an incremental increase in the amount of electricity
produced at a hydroelectric facility to count toward an RPS
obligation if the increase is the result of efficiency
improvements to the facility and the facility has received
certification from the Water Board.
AS PASSED BY THE ASSEMBLY, this bill was substantially similar
to the version passed by the Senate.
AB 1351
Page 2
FISCAL EFFECT : None
COMMENTS : According to the author, the purpose of this bill is
to remedy a drafting error from AB 809 (Blakeslee), Chapter 684,
Statute of 2007. AB 1351 clarifies that the Clean Water Act
certification, which is required under AB 809, does not have to
come specifically from the SWRCB, but can come from the state
agency authorized to certify under the Clean Water Act.
In 2007, the Legislature approved AB 809, which allowed for
incremental increase in electricity production that resulted
from efficiency improvements at hydroelectric facilities to
count toward a retail seller's RPS obligation if the
improvements met specified environmental standards. The
hydroelectric facility also has to be certified by the SWRCB
under the Federal Clean Water Act. At the time AB 809 was
moving through the Legislature, the multi-jurisdictional
utilities that served electric customers in multiple states
noted that by requiring certification by a California agency it
prohibited them from counting improvements to their own
hydroelectric facilities located outside of California. This
bill corrects that problem by eliminating the specific reference
to the SWRCB and instead allowing for certification by the
appropriate state agency.
Analysis Prepared by : Edward Randolph / U. & C. / (916)
319-2083
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