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 Page 2 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 Page 3 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