Amended in Senate August 22, 2013

Amended in Assembly April 10, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 796


Introduced by Assembly Member Muratsuchi

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(Principal coauthor: Senator Corbett)

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February 21, 2013


An act tobegin delete add Section 25525.5 to the Public Resources Codeend deletebegin insert amend Section 379.8 of the Public Utilities Codeend insert, relating tobegin delete energyend deletebegin insert electricityend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 796, as amended, Muratsuchi. begin deleteEnergy: thermal powerplants: certification: sea level rise. end deletebegin insertAdvanced electrical distributed generation technology.end insert

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Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. The existing definition of an electrical corporation excludes a corporation or person employing cogeneration, as defined, technology or producing electricity from other than a conventional power source for certain purposes. Existing law places certain limitations upon gas rates and surcharges charged cogenerators. Existing law prohibits placing alternative fuel capability requirements upon gas customers that use gas for purposes of cogeneration.

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Existing law authorizes the commission and the State Air Resources Board to treat advanced electrical distributed generation technology, as defined, as cogeneration, and makes certain existing limitations upon gas rates and surcharges charged cogenerators applicable to an advanced electrical distributed generation technology. Existing law makes the prohibition upon placing alternative fuel capability requirements upon gas customers that use gas for purposes of cogeneration applicable to a generator using advanced electrical distributed generation technology. These provisions do not apply to an advanced electrical distributed generation technology that is first operational at a site on and after January 1, 2014.

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This bill would make the above-described authority, limitations, and prohibitions inapplicable to an advanced electrical distributed generation technology that is first operational at a site on and after January 1, 2016.

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Existing law vests the State Energy Resources Conservation and Development Commission with the exclusive jurisdiction to certify sites for thermal powerplants with a generation capacity of 50 or more megawatts and related facilities. Existing law requires the commission to make certain findings before issuing a certification for the site.

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This bill would require the commission to consider the effects of sea level rise in the context of protecting the proposed site and related facility from damage caused by sea level rise during the certification process.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 379.8 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is
2amended to read:end insert

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379.8.  

(a) As used in this section, “advanced electrical
4distributed generation technology” means any electric distributed
5generation technology that generates useful electricity and meets
6all of the following conditions:

7(1) The emissions standards adopted by the State Air Resources
8Board pursuant to the distributed generation certification program
9requirements of Article 3 (commencing with Section 94200) of
10Subchapter 8 of Chapter 1 of Division 3 of Title 17 of the
11California Code of Regulations.

12(2) Produces de minimis emissions of sulfur oxides and nitrogen
13oxides.

14(3) Meets the greenhouse gases emission performance standard
15established by the commission pursuant to Section 8341.

P3    1(4) Has a total electrical efficiency of not less than 45 percent.
2If legislation is enacted that increases the 42.5 percent efficiency
3described in subdivision (b) of Section 216.6 above 45 percent,
4the commission may adjust the electrical efficiency standard
5described in this paragraph to ensure that this electrical efficiency
6standard meets or exceeds the standard enacted for the purposes
7of subdivision (b) of Section 216.6.

8(5) Is sized to meet the generator’s onsite electrical demand.

9(6) Has parallel operation to the electrical distribution grid.

10(7) Utilizes renewable or nonrenewable fuel.

11(b) (1) An advanced electrical distributed generation technology
12shall qualify for the rate established by the commission pursuant
13to Section 454.4.

14(2) The limitation in subdivision (b) of Section 6352 upon the
15assessment of surcharges for gas used to generate electricity by a
16nonutility facility applies to an advanced electrical distributed
17generation technology.

18(3) The limitation in Section 2773.5 upon imposing alternative
19fuel capability requirements upon gas customers that use gas for
20purposes of cogeneration applies to an advanced electrical
21distributed generation technology.

22(c) The commission or State Air Resources Board may, in
23furtherance of the state’s goals for achieving cost-effective
24reductions in emissions of greenhouse gases, meeting resource
25adequacy requirements, or meeting the renewables portfolio
26standard, treat advanced electrical distributed generation technology
27as cogeneration.

28(d) Subdivisions (b) and (c) do not apply to an advanced
29electrical distributed generation technology that is first operational
30at a site on and after January 1,begin delete 2014end deletebegin insert 2016end insert.

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SECTION 1.  

Section 25525.5 is added to the Public Resources
32Code
, to read:

33

25525.5.  

In the issuance of a certification pursuant to this
34chapter, the commission shall consider the effects of sea level rise
35in the context of protecting the proposed site and related facility
36from potential damage caused by sea level rise, such as storm
37surges and flooding. In assessing the sea level rise, the commission
38may rely on floodplain maps published by the Department of Water
39Resources.

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