BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1303
                                                                  Page  1

          Date of Hearing:   May 2, 2011

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                   AB 1303 (Williams) - As Amended:  April 25, 2011
           
          SUBJECT  :   Energy programs

           SUMMARY  :   Extends for eight years, from January 1, 2012 to 
          January 1, 2020, authorization for the California Energy 
          Commission (CEC) to spend funds collected for energy research, 
          development and demonstration (RD&D) pursuant to its Public 
          Interest Energy Research Program (PIER) and renewable energy 
          pursuant to its Renewable Energy Program (REP).

           EXISTING LAW :

          1)Requires electric utilities to collect until January 1, 2012 a 
            "nonbypassable" surcharge on bills based on electricity usage 
            to fund energy efficiency, renewable energy, and energy 
            research, development and demonstration (RD&D).

          2)Establishes specific minimum annual collection amounts for the 
            three largest investor-owned utilities (Pacific Gas and 
            Electric, Southern California Edison and San Diego Gas and 
            Electric) and provides for adjustment according to the lesser 
            of sales growth or inflation:

               a)     $228 million for energy efficiency.
               b)     $65.5 million for renewable energy.
               c)     $62.5 million for RD&D.

          3)Provides the CEC at least $65.5 million per year to administer 
            the REP and at least $62.5 million per year to administer 
            PIER.   Funds are allocated by the CEC according general 
            statutory guidelines and more specific CEC-developed 
            investment plans.  REP funds support emerging and existing 
            renewable energy projects.  PIER funds support investments in 
            RD&D for energy technologies that provide tangible benefits to 
            the utility customers who fund the program.  Collection of 
            ratepayer funds for these and other purposes, and the CEC's 
            authority to spend the funds it administers, is authorized 
            until 2012.

           FISCAL EFFECT  :   Unknown








                                                                  AB 1303
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           COMMENTS  :

           1)Background.   As part of California's experiment with electric 
            deregulation, AB 1890 (Brulte), Chapter 854, Statutes of 1996, 
            required ratepayers to fund a variety of system reliability, 
            in-state benefit and low-income customer programs at specified 
            levels from 1998 through 2001.  This funding was intended to 
            ensure that these "public goods" programs continued (at least 
            in the short term) in the restructured electric industry.

            Among the public goods programs established by AB 1890 were 
            in-state operation and development of existing, new, and 
            emerging renewable energy sources and public interest energy 
            RD&D.  Prior to awarding any of the money collected from  
            ratepayers, the CEC was required to submit reports to the 
            Legislature describing the programs it would support and the 
            levels of support those programs would receive.  This original 
            CEC investment plans were adopted in 1997 and have been 
            extended twice since.

            SB 1194 (Sher), Chapter  1050, Statutes of  2000, extended the 
             collection of a public goods charge from ratepayers until 
            2012 and again required the CEC to develop investment plans 
            for renewable energy and public interest RD&D.

           2)Bill extends programs with no funding and conflicts with AB 
            723.   This bill provides the CEC authority to administer the 
            REP and PIER until 2020, but provides no funding for the 
            programs.  AB 723 (Bradford), also pending in this committee, 
            provides the funding by extending the public goods charge, but 
            only until 2016.  AB 723 also extends the REP until 2016, the 
            same program this bill would extend until 2020.

           3)Related legislation.   In addition to AB 723, SB 35 (Padilla) 
            and SB 410 (Wright), pending in the Senate Energy, Utilities 
            and Communications Committee, conflict with this bill.  SB 35 
            would repeal the public goods charge, as well as the REP and 
            PIER programs, and create a new program.  SB 410 would extend 
            the public goods charge, as well as the PIER program, until 
            2022.

           4)Double referral.   This bill passed out of the Assembly 
            Utilities and Commerce Committee on April 11, 2011 with a vote 
            of 10-0.








                                                                  AB 1303
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           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Apollo Alliance
          California Biomass Energy Alliance
          California League of Conservation Voters
          Clean Power Campaign
          Environmental Defense Fund
          Natural Resources Defense Council
          Nature Conservancy
          Union of Concerned Scientists

           Opposition 
           
          California Manufacturers and Technology Association

           
          Analysis Prepared by  :    Lawrence Lingbloom / NAT. RES. / (916) 
          319-2092