BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 836|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
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                                 THIRD READING


          Bill No:  SB 836
          Author:   Padilla (D)
          Amended:  3/24/11
          Vote:     21

           
           SENATE ENERGY, UTIL. & COMM. COMMITTEE  :  10-0, 5/3/11
          AYES:  Padilla, Fuller, Berryhill, Corbett, DeSaulnier, 
            Pavley, Rubio, Simitian, Strickland, Wright
          NO VOTE RECORDED:  De León

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Renewable energy resources: cost reporting

           SOURCE :     Author


           DIGEST  :    This bill requires the California Public 
          Utilities Commission (CPUC) to release the costs of all 
          contracts, in aggregate form, submitted by IOUs to meet the 
          states RPS goal, which are approved by the CPUC.  The first 
          data release would be required in January, 2012 and every 
          six months thereafter.


           ANALYSIS  :   

           Existing law  

          1.  Requires investor-owned utilities (IOUs), publicly 
          owned utilities 
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               (POUs), community choice aggregators (CCAs), and 
          energy service 
               providers (ESPs) to increase purchases of renewable 
          energy such that at 
               least 33% of retail sales are procured from renewable 
          energy resources by 
               December 31, 2020. In the interim each entity would be 
          required to 
               procure an average of 20% of renewable energy for the 
          period of January 
               1, 2011 through December 31, 2013; 25% by December 31, 
          2016, and 
               33% by 2020. This is known as the Renewable Portfolio 
          Standard (RPS). 
               Current law is effective upon the adjournment of the 
          first extraordinary 
               session.

          2.  Requires the California Public Utilities Commission 
          (CPUC) to adopt 
               procedures to ensure the confidentiality of any market 
          sensitive 
               information submitted in an IOU's proposed procurement 
          plan or 
               resulting contracts for generation.  

          3.  Prohibits the release of information provided to the 
          CPUC by an IOU 
               except those matters specifically required to be open 
          to public inspection 
               under law.

           Background

           To meet the goals of the state's RPS program, the IOUs have 
          entered into hundreds of contracts with independent 
          producers of eligible renewable energy resources and also 
          built utility-owned generation.  The costs of those 
          contracts and utility-owned generation have been submitted 
          to the CPUC for review and approval but are not made public 
          for several years after they are approved.  

           Reports have been made by the CPUC and the Division of 
          Ratepayers Advocates which analyze the cost impacts of the 

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          RPS.  One specific report noted billions of dollars in 
          costs and opined that RPS contract prices are 15% higher 
          than those for natural gas plants.  Reports of individual 
          contracts are periodically specified in media reports.  A 
          February, 2011 article reported that in recent contract 
          filings by Southern California Edison the cost of solar 
          photovoltaics was less than the "market price referent" (a 
          measure of the cost of new natural gas fired generation).  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (5/13/11)

          California Large Energy Consumers Association
          California Public Utilities Commission (with technical 
          amendments)
          Division of Ratepayer Advocates
           ARGUMENTS IN SUPPORT  :    According to the author's office,  
           in order to ensure that the public and the Legislature are 
          aware of the costs of the RPS program, the intent of this 
          measure is that the CPUC release those costs, in the 
          aggregate, to the Legislature on a regular basis. Under 
          current CPUC practices there is no data available to the 
          Legislature on the actual costs of approved contracts under 
          the RPS program.  There are conflicting studies and media 
          reports on those costs as well. Yet those costs are 
          directly passed through to the ratepayers of IOUs and the 
          Legislature is expected to analyze the effectiveness of the 
          program without any real cost data.  

          RM:rm  5/16/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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