BILL ANALYSIS                                                                                                                                                                                                    Ķ



          SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS
                              Senator Ben Hueso, Chair
                                2015 - 2016  Regular 

          Bill No:          AB 33             Hearing Date:    7/7/2015
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          |Author:    |Quirk                                                |
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          |Version:   |6/23/2015    As Amended                              |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Jay Dickenson                                        |
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          SUBJECT: California Global Warming Solutions Act of 2006:   
          Energy Integration Advisory Council

            DIGEST:    This bill establishes the Energy Sector Emissions  
          Reduction Advisory Council, an advisory body of state agencies  
          to inform the Air Resources Board's development of its next  
          greenhouse gas emissions reduction scoping plan.

          ANALYSIS:
          
          Existing law:
          
          1)Requires the reduction of statewide emissions of greenhouse  
            gases (GHGs) to 1990 levels by 2020.  This is known as the  
            Global Warming Solutions Act of 2006. 

          2)Directs the California Air Resources Board (ARB) to adopt, by  
            January 1, 2009, a scoping plan for achieving the maximum  
            technologically feasible and cost-effective reductions in GHG  
            emissions by 2020, and to update the scoping plan at least  
            once every five years.  
           
          3)Requires the ARB to consult with all state agencies with  
            jurisdiction over sources, including the California Public  
            Utilities Commission (CPUC) and the California Energy  
            Commission (CEC), on all elements of its plan that pertain to  
            energy-related matters to ensure the GHG reduction activities  
            are complementary, nonduplicative, and can be implemented in  
            an efficient and cost-effective manner. 









          AB 33 (Quirk)                                       Page 2 of ?
          
          
          4)Requires ARB to convene an Environmental Justice Advisory  
            Committee to advise it in developing the scoping plan and any  
            other matter pertinent to the reduction of GHG emissions.

          5)Requires the ARB to appoint an Economic and Technology  
            Advancement Advisory Committee to advise it on activities that  
            will facilitate investment in and implementation of  
            technological research and development opportunities that will  
            assist in the reduction of GHG emissions. 
            (Health and Safety Code §38500 et seq.)

          This bill:

          1)Establishes the Energy Integration Advisory Council comprised  
            of the following state-agency members:   (a) chair of the CEC;  
            (b) president of the CPUC; (c) president of the California  
            Independent System Operator; (d) chair of the State Water  
            Resources Control Board; and (e), chair of the ARB.

          2)Directs the council to recommend to ARB, for inclusion in  
            ARB's next scoping plan, strategies for GHG emissions  
            reductions from the electricity sector and integration of  
            increasing amounts of renewable energy to the electricity  
            grid. 

          3)Directs the council to base its recommendations upon technical  
            feasibility, cost-effectiveness and the extent to which  
            implementation would maintain the reliability of the  
            electricity grid and reduce emissions of GHGs.

          4)Specifies energy-sector GHG reduction strategies the council  
            is to consider, at a minimum, including storage, regional  
            interconnection, retrofitting of existing natural-gas fired  
            powerplants, increased flexibility, demand response, and other  
            strategies, and requires separate analyses of the economic  
            effects and health, safety and welfare benefits of those  
            strategies.

          5)Requires the council's preliminary recommendations to be  
            subject to public comment and revision by the council.  

          6)States that the council's recommendations and analyses are  
            intended to assist in updating the scoping plan and to inform  
            the regulations and approaches of the represented agencies and  
            do not change any statute, regulation, or regulatory decision.








          AB 33 (Quirk)                                       Page 3 of ?
          
          

          Background

          AB 32 Scoping Plan. The Global Warming Solutions Act of 2006  
          (aka "AB 32") requires ARB to adopt a statewide GHG emissions  
          limit equivalent to 1990 levels by 2020.  AB 32 requires ARB,  
          via a series of public workshops, to adopt a scoping plan to  
          achieve the maximum technologically feasible and cost-effective  
          reductions in GHG emissions.  The act further requires ARB, in  
          developing the scoping plan, to consult with all state agencies  
          with jurisdiction over sources of GHGs, including the CPUC and  
          the CEC specifically, on all elements of its plan that pertain  
          to energy-related matters.  The act directs ARB to adopt its  
          first scoping plan as of January 1, 2009, and to update the  
          scoping plan at least every five years thereafter.  In keeping  
          with statutory requirements, ARB has adopted two GHG emissions  
          reduction scoping plans, the first in 2008 and an update in  
          2014.

          2020 and beyond.  AB 32 specifies a 2020 GHG emissions reduction  
          goal.  The Legislature, however, in passing AB 32, envisioned  
          GHG reductions beyond 2020:  the act directs ARB to make  
          recommendations to the governor and the Legislature on how to  
          continue GHG emissions reductions beyond 2020.  Against that  
          backdrop, both the governor and members of the Legislature have  
          proposed longer-term GHG emissions reductions.  Governor Brown  
          recently issued Executive Order B-30-15, which establishes a new  
          GHG reduction target of 40 percent below 1990 levels by 2030 and  
          ordered ARB to update its scoping plan to reflect the target.   
          Similarly, Senator Pavley, the author of AB 32, has authored SB  
          32, which calls for a statewide GHG emissions limit equivalent  
          to 40 percent below the 1990 level, to be achieved by 2030.  

          Belt and suspenders.  The author intends this bill, which  
          creates the Energy Sector Emissions Reductions Advisory Council,  
          to ensure the ARB's scoping plan update is informed by, and  
          coordinated with, the state's energy-related agencies.  The bill  
          requires the council to develop and deliver recommendations to  
          ARB before the next scoping plan update on strategies to reduce  
          GHG emissions from the electricity sector and integrate  
          increasing volumes of renewable energy.  The bill directs the  
          council to do its work in public - subject to Bagley-Keene open  
          meeting requirements, presumably - and according to specified  
          criteria.









          AB 33 (Quirk)                                       Page 4 of ?
          
          

          AB 33 is very much in keeping with existing law, so much so that  
          many of the bill's specific requirements, and its general  
          purpose, echo the requirements of current statute.  AB 33, like  
          existing law, requires ARB to work with and be informed by the  
          state's energy agencies as the board develops its scoping plan  
          update.  AB 33 requires the council to consider the  
          technological feasibility and cost-effectiveness of potential  
          GHG emissions reduction measures, as does existing law.  AB 33  
          requires the work of the council to be subject to public review  
          and comment.  Similarly, existing law requires ARB to update its  
          scoping plan via a public process, which includes public  
          scrutiny and comment.  Despite this considerable overlap, the  
          author contends the Legislature needs to ensure, through  
          statute, that the administration consult with its energy experts  
          in developing ARB's next scoping plan update to ensure it is  
          based upon the best available economic   modeling and analytical  
          tools and the consensus of all of agencies involved. 




          Double Referral. Should this bill be approved by this committee,  
          it will be re-referred to the Senate Committee on Environmental  
          Quality for its consideration. 
            
          Prior/Related Legislation


          SB 32 (Pavley, 2015) requires the ARB to approve statewide GHG  
          emissions limits of 40 percent below the 1990 level of GHG  
          emissions, to be achieved by 2030, and 80% below the 1990 level,  
          to be achieved by 2050.  The bill is pending consideration by  
          the Assembly Committee on Natural Resources. 


          AB 32 (Nuņez/Pavley, Chapter 488, Statutes of 2006) enacted the  
          Global Warming Solutions Act of 2006, which created a statewide  
          GHG emission limit that would reduce emissions to 1990 levels by  
          2020.  
          
          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             Yes          Local:          No










          AB 33 (Quirk)                                       Page 5 of ?
          
          
          ASSEMBLY VOTES:


          Assembly Floor                     (71-5)
          Assembly Appropriations Committee                   (12-0)
          Assembly Natural Resources Committee           (9-0)

            SUPPORT:  

          California Energy Storage Alliance
          California Manufacturers & Technology Association
          Calpine Corporation
          Environmental Defense Fund
          Union of Concerned Scientists, if amended

          OPPOSITION:

          None received

          ARGUMENTS IN SUPPORT:    Supporters contend it is critical, as  
          California expands it GHG emissions reductions goals, that the  
          state make well-informed decisions and that the Legislature  
          consider the potential costs and benefits of varying levels of  
          emissions in order to ensure that prices do not harm residential  
          and industrial consumers.
          
          

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