BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 760
                                                                  Page 1

          SENATE THIRD READING
          SB 760 (Wright)
          As Amended  August 30, 2013
          Majority vote

           SENATE VOTE  :  Vote not relevant
            
           NATURAL RESOURCES               APPROPRIATIONS                  
                         (vote not relevant)           (vote not relevant)

           SUMMARY  :  Revises several sections of the Renewables Portfolio  
          Standard (RPS) to emphasize reliability and favor procurement of  
          geothermal energy.  Specifically,  this bill  :

          1)Requires each retail seller subject to the RPS to submit to  
            the Public Utilities Commission (PUC), in the retail seller's  
            annual compliance report, "(t)he current status of the retail  
            seller's procurement to ensure a balanced mix of eligible  
            renewable energy resources required to maintain the  
            reliability of the electrical grid without increasing fossil  
            fuel consumption."

          2)Requires the PUC's RPS procurement process to take into  
            account the following new factors:

             a)   Procurement of specific types of eligible renewable  
               energy resources necessary to maintain the reliability of  
               the electrical grid to meet electrical demand on a 24-hour  
               basis, including identifying the eligible renewable energy  
               resources by type and operating characteristics.

             b)   Consideration of the attributes of utilizing geothermal  
               resources, including their system inertia, small footprint  
               in terms of surface land requirements, habitat and other  
               environmental impacts, their ability to provide baseload  
               generation while reducing emissions resulting from the  
               burning of fossil fuels in an air basin designated as  
               including a federal extreme nonattainment area, and their  
               ability to act as a hedge against fuel price increases to  
               ensure a balanced portfolio.

             c)   Consideration of eligible renewable energy resources in  
               the area of the Salton Sea that provide additional  
               environmental benefits that should be encouraged to meet  
               the state's mitigation requirements for the region.








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          3)Requires the PUC to adopt an appropriate minimum margin of  
            procurement above the RPS "to achieve the required balanced  
            mix of eligible renewable energy resources."

          4)Requires renewable energy procurement plans submitted by  
            electrical corporations to identify "each source of supply by  
            resource type and detail how the mix of resources will  
            maintain the reliability of the electrical grid throughout  
            each 24-hour period."

          5)Requires each electrical corporation to "give preference to  
            resource types that will contribute toward ensuring a balanced  
            resource mix that maintains reliability of the electrical grid  
            throughout each 24-hour period without increasing consumption  
            of fossil fuels."

          6)Authorizes the PUC to require the procurement of eligible  
            renewable energy resources in excess of the statutory RPS  
            targets "to the extent necessary to ensure a balanced mix of  
            eligible renewable energy resources with attributes necessary  
            to ensure an adequate and reliable supply of electrical  
            generation from eligible renewable energy resources that best  
            matches the demand for electricity and maintains the  
            reliability of the electrical grid."

          7)Adds the following as a third alternative to qualify resources  
            for "bucket 1" RPS eligibility, which is currently limited to  
            resources located in, or deliverable to, California:

               Have characteristics that are capable of providing a  
               diverse and balanced mix of eligible renewable energy  
               resources that can contribute to maintaining  
               reliability of the electrical grid to meet the demand  
               for electricity in every 24-hour period and can  
               include electrical generation produced on an  
               as-available, firm, dispatchable, or ramping basis,  
               providing system inertia benefits, whether from the  
               generating facility alone or in combination with  
               additional technologies, including energy storage.

           EXISTING LAW  : 

          1)The RPS requires investor-owned utilities (IOUs),  
            publicly-owned utilities (POUs) and certain other retail  








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            sellers of electricity, in order to fulfill unmet long-term  
            resource needs, to procure eligible renewable energy resources  
            to meet the following portfolio targets:

             a)   20% on average from January 1, 2011, to December 31,  
               2013.

             b)   25% by December 31, 2016.

             c)   33% by December 31, 2020 and each year thereafter.

          2)Provides that eligible renewable generation facilities must  
            use biomass, solar thermal, photovoltaic, wind, geothermal,  
            renewable fuel cells, small hydroelectric, digester gas,  
            limited non-combustion municipal solid waste conversion,  
            landfill gas, ocean wave, ocean thermal or tidal current.

          3)Establishes "balanced portfolio" requirements for procurement  
            based on the following three categories (or "buckets") of  
            renewable energy products:

             a)   Bucket 1 - Renewable energy interconnected to the grid  
               within, scheduled for direct delivery into, or dynamically  
               transferred to, a California balancing authority (i.e.,  
               real renewable energy supplied to the California grid,  
               located within or directly proximate to the state).  Of the  
               total renewable energy contracts executed after June 1,  
               2010, the following percentages must fall into this  
               category:

               i)     At least 50% for the 2011-2013 compliance period.

               ii)    At least 65% for the 2014-2016 compliance period.

               iii)   At least 75% thereafter.

             b)   Bucket 2 - Renewable energy where substitute  
               non-renewable energy is used to provide a reliable delivery  
               schedule into a California balancing authority (i.e.,  
               firmed and shaped energy where substitute energy is used to  
               compensate for delivery problems due to intermittent  
               generation or inadequate transmission capacity from a  
               remote renewable resource).

             c)   Bucket 3 - Renewable energy products not meeting either  








                                                                  SB 760
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               condition above, including unbundled renewable energy  
               credits (RECs) (i.e., the original source of renewable  
               energy must be located within the western grid, but  
               otherwise need not have a physical connection to  
               California).  Of the total renewable energy contracts  
               executed after June 1, 2010, the following percentages may  
               fall into this category:

               i)     Not more than 25% for the 2011-2013 compliance  
                 period.

               ii)    Not more than 15% for the 2014-2016 compliance  
                 period.

               iii)   Not more than 10% thereafter.

          4)Excuses retailer sellers and POUs from enforcement for failure  
            to meet targets if the retail seller or POU demonstrates that  
            any of the following conditions are beyond its control and  
            will prevent compliance:

             a)   Inadequate transmission capacity for delivery of  
               sufficient renewable energy.

             b)   Permitting, interconnection or other delays for  
               renewable energy projects, or an insufficient supply of  
               available renewable energy.

             c)   Unanticipated curtailment of renewable energy necessary  
               to address the needs of a balancing authority (e.g., the  
               Independent System Operator).

          5)Requires the PUC to establish a cost limit for each IOU  
            according to specified criteria, requires the PUC to report to  
            the Legislature by 2016 regarding whether IOUs can achieve 33  
            percent within the adopted cost limit, authorizes the PUC to  
            revise the cost limit once after 2016 if necessary, and  
            authorizes IOUs to stop procuring renewable energy beyond the  
            cost limit, unless additional renewable energy can be procured  
            without exceeding a de minimis increase in rates.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  This bill revises several sections of the RPS in a  
          manner intended to favor procurement of geothermal energy.  The  








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          bill also authorizes the PUC to increase the statutory RPS  
          targets under certain circumstances and creates an alternative  
          to the delivery requirement for bucket 1.


           Analysis Prepared by  :    Lawrence Lingbloom / NAT. RES. / (916)  
          319-2092


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