BILL NUMBER: SB 1247	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 30, 2010
	AMENDED IN SENATE  JUNE 21, 2010
	AMENDED IN SENATE  MAY 25, 2010
	AMENDED IN SENATE  MARCH 22, 2010

INTRODUCED BY   Senator Dutton
   (Coauthors: Senators Aanestad and Cox)

                        FEBRUARY 19, 2010

   An act to amend Section 399.12.5 of the Public Utilities Code,
relating to energy, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1247, as amended, Dutton. Renewable energy resources:
hydroelectric generation facilities.
   The existing California Renewables Portfolio Standard Program (RPS
program) requires the Public Utilities Commission to implement
annual procurement targets for the procurement of eligible renewable
energy resources for all retail sellers, as defined, to achieve the
targets and goals of the program. Pursuant to the RPS program, the
incremental increase in the amount of electricity generated from a
hydroelectric generation facility as a result of efficiency
improvements at the facility is electricity from an eligible
renewable energy resource if certain requirements are met. One of
these requirements is that the hydroelectric generation facility has
been certified within the immediately preceding 15 years by the State
Water Resources Control Board pursuant to the federal Clean Water
Act or by a California regional water quality control board to which
the state board has delegated authority.
   This bill would adopt an alternative to that requirement for the
Rock Creek Powerhouse hydroelectric generation facility.
   The bill would declare that it is to take effect immediately as an
urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 399.12.5 of the Public Utilities Code is
amended to read:
   399.12.5.  (a) Notwithstanding subdivision (c) of Section 399.12,
a small hydroelectric generation facility that satisfies the criteria
for an eligible renewable energy resource pursuant to Section 399.12
shall not lose its eligibility if efficiency improvements undertaken
after January 1, 2008, cause the generating capacity of the facility
to exceed 30 megawatts, and the efficiency improvements do not
result in an adverse impact on instream beneficial uses or cause a
change in the volume or timing of streamflow. The entire generating
capacity of the facility shall be eligible.
   (b) Notwithstanding subdivision (c) of Section 399.12, the
incremental increase in the amount of electricity generated from a
hydroelectric generation facility as a result of efficiency
improvements at the facility, is electricity from an eligible
renewable energy resource, without regard to the electrical output of
the facility, if all of the following conditions are met:
   (1) The incremental increase is the result of efficiency
improvements from a retrofit that do not result in an adverse impact
on instream beneficial uses or cause a change in the volume or timing
of streamflow.
   (2)  (A)     The
hydroelectric generation facility meets one of the following
certification mechanisms: 
    (A)    The hydroelectric generation facility
has, within the immediately preceding 15 years, received
certification from the State Water Resources Control Board pursuant
to Section 401 of the federal Clean Water Act (33 U.S.C. Sec. 1341),
or has received certification from a regional board to which the
state board has delegated authority to issue certification, unless
the facility is not subject to certification because there is no
potential for discharge into waters of the United States.
   (B) If the hydroelectric facility is not located in California,
the certification pursuant to Section 401 of the federal Clean Water
Act (33 U.S.C. Sec. 1341) may be received from the applicable state
board or agency or from a regional board to which the state board has
delegated authority to issue the certification.
   (C) If the hydroelectric generation facility is the Rock Creek
Powerhouse, Federal Energy Regulatory Commission Project Number 1962,
the efficiency improvements have received any necessary incremental
certification from the State Water Resources Control Board.
   (3) The hydroelectric generation facility is owned by a retail
seller or a local publicly owned electric utility, was operational
prior to January 1, 2007, the efficiency improvements are initiated
on or after January 1, 2008, the efficiency improvements are not the
result of routine maintenance activities, as determined by the Energy
Commission, and the efficiency improvements were not included in any
resource plan sponsored by the facility owner prior to January 1,
2008.
   (4) All of the incremental increase in electricity resulting from
the efficiency improvements are demonstrated to result from a
long-term financial commitment by the retail seller or local publicly
owned electric utility. For purposes of this paragraph, "long-term
financial commitment" means either new ownership investment in the
facility by the retail seller or local publicly owned electric
utility or a new or renewed contract with a term of 10 or more years,
which includes procurement of the incremental generation.
   (c) The incremental increase in the amount of electricity
generated from a hydroelectric generation facility as a result of
efficiency improvements at the facility are not eligible for
supplemental energy payments pursuant to the Renewable Energy
Resources Program (Chapter 8.6 (commencing with Section 25740) of
Division 15 of the Public Resources Code), or a successor program.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to address, as soon as possible, rising electricity rates
that will slow the economic recovery of this state, it is necessary
that this act take effect immediately.