BILL NUMBER: SB 1139 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 2, 2014
INTRODUCED BY Senator Hueso
( Principal coauthor: Assembly Member
V. Manuel Pérez )
FEBRUARY 20, 2014
An act to amend add Section
3822.2 of 399.35 to the Public
Resources Utilities Code, relating to
geothermal resources. energy.
LEGISLATIVE COUNSEL'S DIGEST
SB 1139, as amended, Hueso. Geothermal resources.
California Renewables Portfolio Standard Program.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations,
as defined, while local publicly owned electric utilities, as
defined, are under the direction of their governing board. The Public
Utilities Act imposes various duties and responsibilities on the
commission with respect to the purchase of electricity and requires
the commission to review and adopt a renewable energy procurement
plan for each electrical corporation pursuant to the California
Renewables Portfolio Standard Program. The California Renewables
Portfolio Standard Program requires a retail seller, as defined, and
local publicly owned electric utilities to purchase specified minimum
quantities of electricity products from eligible renewable energy
resources, as defined, for specified compliance periods. Existing law
requires the State Energy Resources Conservation and Development
Commission (Energy Commission) to certify eligible renewable energy
resources that it determines meet specified statutory criteria. A
violation of the Public Utilities Act is a crime.
This bill would require, no later than December 24, 2024, each
retail seller and local publicly owned electric utility to procure a
proportionate share, as determined by the Energy Commission, of a
statewide total of 500 megawatts of electricity generated by
specified baseload geothermal powerplants. The bill would require, no
later than January 1, 2016, each retail seller to file with the
Public Utilities Commission, and each local publicly owned electric
utility to file with the Energy Commission, a plan for complying with
this procurement requirement. The bill would provide that the
electricity procured by retail sellers and local publicly owned
electric utilities from these baseload geothermal powerplants does
not count towards meeting their requirements under the California
Renewables Portfolio Standard Program to purchase specified minimum
quantities of electricity products from eligible renewable energy
resources. Because a violation of these provisions would be a crime
under the Public Utilities Act, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law authorizes the State Energy Resources Conservation
and Development Commission to expend certain funds, used for grants
and loans from the Geothermal Resources Development Account, to
provide direct technical assistance to local jurisdictions, as
specified.
This bill would make a technical, nonsubstantive change to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 399.35 is added to t
he Public Utilities Code , to read:
399.35. (a) No later than December 31, 2024, each retail seller
and local publicly owned electric utility shall procure a
proportionate share of a statewide total of 500 megawatts of
electricity generated by baseload geothermal powerplants that began
being constructed after January 1, 2015, and that meet the
requirements of paragraph (1) of subdivision (b) of Section 399.16.
(b) No later than June 30, 2015, the Energy Commission shall
determine the proportionate share of the 500 megawatts of electricity
that each retail seller and local publicly owned electric utility is
required to procure pursuant to subdivision (a). For purposes of
this section, "proportionate share" shall be based on the forecast
retail sales for the year 2018.
(c) No later than January 1, 2016, each retail seller shall file
with the commission, and each local publicly owned electric utility
shall file with the Energy Commission, a plan for complying with
subdivision (a). Those plans shall require each retail seller and
local publicly owned electric utility to procure at least one-half of
its proportionate share by December 31, 2019. The commission shall
review and approve, modify, or reject plans filed by retail sellers.
The Energy Commission shall review and approve, modify, or reject
plans filed by local publicly owned electric utilities.
(d) The electricity procured pursuant to this section shall not
count towards meeting the requirements specified in subparagraph (B)
of paragraph (2) of subdivision (b) of Section 399.15 or paragraph
(2) of subdivision (c) of Section 399.30.
(e) The electricity procured pursuant to this section shall be
procured to reasonably minimize costs. Subdivision (c) of Section
399.15 shall not apply to electricity procured pursuant to this
section.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 3822.2 of the Public
Resources Code is amended to read:
3822.2. (a) Notwithstanding any provision of law, the State
Energy Resources Conservation and Development Commission may expend
funds, from that portion of the Geothermal Resources Development
Account used by the commission for grants and loans, to provide
direct technical assistance to local jurisdictions that are eligible
for grants and loans pursuant to Section 3822.
(b) The total of all amounts expended pursuant to this section
shall not exceed 5 percent of all funds available under Section 3822
or one hundred thousand dollars ($100,000), whichever amount is less.
(c) In making expenditures under this section, the commission
shall consider, but not be limited to a consideration of, all of the
following:
(1) The availability of energy resource and technology
opportunities.
(2) The project definition and likelihood of success.
(3) Local needs and potential project benefits.