BILL NUMBER: SB 1247 CHAPTERED
BILL TEXT
CHAPTER 488
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2010
APPROVED BY GOVERNOR SEPTEMBER 29, 2010
PASSED THE SENATE AUGUST 26, 2010
PASSED THE ASSEMBLY AUGUST 18, 2010
AMENDED IN ASSEMBLY AUGUST 11, 2010
AMENDED IN ASSEMBLY AUGUST 5, 2010
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, 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. The existing definition of an
eligible renewable energy resource includes certain small
hydroelectric generation facilities, conduit hydroelectric
facilities, and the incremental increase in electrical generation
resulting from efficiency improvements (repowering) of existing
larger hydroelectric facilities, subject to the condition that a new
small or conduit hydroelectric facility or repowered facility not
result in an adverse impact on instream beneficial uses or cause a
change in the volume or timing of streamflow.
This bill would provide that the new small or conduit
hydroelectric facility or repowered facility that is an eligible
renewable energy resource as of January 1, 2010, shall not lose
eligibility if it causes a change in the volume or timing of
streamflow, if those changes are required by license conditions
approved, pursuant to the Federal Power Act, on or after January 1,
2010.
An additional requirement for eligibility for the incremental
increase in electrical generation resulting from repowering of an
existing larger hydroelectric facility is that the 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.
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) 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.
(d) Notwithstanding subdivision (c) of Section 399.12 and
subdivisions (a) and (b), a hydroelectric generation facility that is
an eligible renewable energy resource pursuant to this article as of
January 1, 2010, shall not lose its eligibility if the facility
causes a change in the volume or timing of streamflow required by
license conditions approved pursuant to the Federal Power Act
(Chapter 12 (commencing with Section 791a) of Title 16 of the United
States Code) on or after January 1, 2010.
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.