BILL ANALYSIS Ó AB 1900 Page 1 ( Without Reference to File ) CONCURRENCE IN SENATE AMENDMENTS AB 1900 (Gatto, et al.) As Amended August 31, 2012 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |72-1 |(May 31, 2012) |SENATE: |31-0 |(August 31, | | | | | | |2012) | ----------------------------------------------------------------- Original Committee Reference: U. & C. SUMMARY : Clarifies existing law with respect to the injection of biomethane into common carrier pipelines. Specifically, this bill : 1)Requires the California Public Utilities Commission (PUC) to identify all constituents that may be found in landfill gas that is to be injected into a common carrier pipeline. 2)Requires the PUC to develop testing protocols for gas collected from a solid waste landfill that is to be injected into a common carrier pipeline. 3)Prohibits a gas producer from knowingly selling, supplying, transporting, or purchasing gas collected from a hazardous waste landfill. 4)Requires the PUC to adopt standards, for biomethane that is to be injected into a common carrier pipeline, to ensure pipeline integrity and safety and other specified criteria by December 31, 2013. 5)Requires the PUC to adopt pipeline access rules that will ensure nondiscriminatory open access to each corporation's gas pipeline system to any party for the purpose of physically interconnecting with the gas pipeline system and effectuating the delivery of gas. The Senate amendments would require the Office of Health Hazard Assessment (OEHHA), the California Energy Commission (CEC) and the Public Utilities Commission (PUC) to take actions related to the delivery of biomethane gas within common carrier natural gas AB 1900 Page 2 pipelines operated by Investor Owned Utilities (IOUs) and for the state to investigate the impediments to using biomethane gas for the purposes of distributed electricity generation. Amendments extend the date by which PUC must adopt regulations, add contingent enactment language. AS PASSED BY THE ASSEMBLY , the bill was intended to address the barriers to allowing biomethane to be injected into common carrier pipelines and break down barriers to using in-state biomethane. In addition, this bill's enactment is contingent upon the enactment of AB 2196 (Chesbro) of the 2011-2012 Regular Session. FISCAL EFFECT : $139,000 in 2012-13 and 2013-14 from the Public Utilities Reimbursement Account to OEHHA for a health and safety study of landfill gas. $100,000 in 2012-13 and 2013-14 from the Energy Resources Programs Account (General Fund) to the CEC for hearings to identify impediments to interconnections and to develop solutions. $150,000 in 2012-13 and 2013-14 from the Public Utilities Reimbursement Account to the PUC to set standards for landfill gas, adopt testing protocols and policies that promote in-state production and distribution of biomethane, $120,000 annually thereafter to monitor standards, protocols and, as necessary, pilot projects. COMMENTS : Biomethane is a renewable fuel that is produced at several types of facilities, including dairy farms and landfills. The gas can be collected and then transported to a generation facility where it can be used to make electricity. Transportation of biofuels via truck or rail is not economically feasible. Transport via pipeline is the preferred method. As a result of state law, IOUs (Sempra and Pacific Gas and Electric (PG&E)) operate common carrier pipelines but will not allow biomethane from landfills to be injected into the pipelines they operate. Biomethane from dairies is tested and allowed. Pipeline operators may or may not have similar restrictions. Landfill gas may have constituents present in the gas that could adversely impact human health. Some constituents (such as lead or arsenic or cadmium) could cause cancer or birth defects. Since the delivery of the gas to a household appliance could inadvertently provide close exposure to these constituents, IOUs do not allow landfill gas into their pipelines. IOUs are also AB 1900 Page 3 concerned about potential damage to the pipelines themselves, depending upon what is in the gas - moisture, for example, could cause corrosion. CEC data : According to a California Energy Commission (CEC) estimate, 358 megawatts (MW) is potentially available from new landfill gas development. Of these landfills, some are small and are therefore unlikely to be developed for gas by 2020. Many are not near a gas transmission line. Of 10 landfills operated by Waste Management, four are sufficiently close to a suitable pipeline with a sufficient volume of gas to be considered for development for landfill gas. Waste Management estimates around 150 MW of in-state gas that could be developed in California for delivery to a generation facility. There is also the potential to produce electricity at a landfill if it were equipped with a small generation facility (such as a fuel cell). As electricity generators these facilities would qualify for RPS. They are also eligible to bid into the utility RPS solicitations, the Reverse Auction solicitations, and the Feed in Tariff. Some landfills currently have fuel cells and use the electricity generated on site. San Diego Gas and Electric (SDG&E) currently contracts with landfills to buy electricity from landfill generation facilities. Analysis Prepared by : DaVina Flemings / U. & C. / (916) 319-2083 FN: 0005907