BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 836| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED SB 836 Page 2 (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 CONTINUED SB 836 Page 3 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 **** END **** CONTINUED