BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1110


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1110 (Ting)


          As Amended  August 19, 2016


          Majority vote


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          |ASSEMBLY:  |      |(May 11, 2015) |SENATE: |26-12 |(August 23,      |
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               (vote not relevant)




          Original Committee Reference:  REV. & TAX.


          SUMMARY:  Modifies current requirements to report sources of  
          electricity by every retail supplier of electricity in  
          California to also annually report to its customers the  
          greenhouse gases (GHG) emissions intensity of the supplier's  
          electricity sources.


          The Senate amendments delete the previous content of the bill  
          and replace it with the following:


          1)Require the CEC, on or before January 1, 2018, to adopt  
            guidelines for the reporting and disclosure of greenhouse gas  
            emissions intensity and requires retail supplies to begin to  
            report GHG data beginning January 1, 2020.








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          2)Require the California Energy Commission (CEC) to calculate  
            GHG intensity for total California electricity sales and to  
            adopt guidelines for reporting and disclosing GHG emissions  
            associated with retail electricity sales; 


          3)Allow Publicly Owned Utilities (POUs) to include, in its  
            annual disclosures, GHG-free generation from prior years as  
            authorized by the CEC.


          4)Make conforming changes to definitions in existing law  
            relating to disclosure requirements. 


          5)Provide a Community Choice Aggregator (CCA) formed after  
            January 1, 2016, up to three years to comply with the GHG  
            reporting requirements.


          6)Require retail suppliers, beginning June 1, 2020, to report  
            data on GHG emissions intensity associated with retail sales  
            occurring after December 31, 2018, except as provided.


          EXISTING LAW: 


          1)Requires entities offering electric services in California  
            disclose accurate, reliable, and simple to understand  
            information on the sources of energy that are used to provide  
            electric service.  (Public Utilities Code Section 398.1)


          2)Defines the terms "specific purchases" and "unspecified  
            sources of power."  (Public Utilities Code Section 398.2)


          3)Specifies requirements for an annual disclosure of sources of  
            electricity associated with electricity sales by retail  








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            suppliers of electricity.  (Public Utilities Code Section  
            398.4)


          4)Requires retail sellers of electricity to report sales and its  
            annual disclosure of sources of electricity to the CEC and  
            requires the CEC to specify guidelines and standard formats  
            for disclosures.  (Public Utilities Code Section 398.5)


          5)Requires retail sellers of electricity - investor-owned  
            utilities (IOUs), CCAs, and energy service providers (ESPs) -  
            and publicly-owned utilities (POUs) to increase purchases of  
            renewable energy such that at least 50% of retail sales are  
            procured from renewable energy resources by December 31, 2030.  
             This is known as the Renewable Portfolio Standard (RPS).   
            (Public Utilities Code Section 399.11 et seq.)


          6)Requires all renewable electricity products counting toward  
            RPS requirements to from one of three product categories (or  
            "buckets") and specifies maximum allowed quantities:  a)  
            renewable resources directly connected to a California  
            balancing authority or provided in real time without  
            substitution from another energy source; b) energy not  
            connected or delivered in real time yet still delivering  
            electricity; and c) unbundled renewable energy credits (RECs).  
             (Public Utilities Code Section 399.16.)


          7)Requires the reduction of statewide emissions of GHGs to 1990  
            levels by 2020.  This is known as the Global Warming Solutions  
            Act of 2006.  (Health and Safety Code Section 38500 et seq.)


          FISCAL EFFECT:  Unknown


          COMMENTS: 


          1)Background:  Suppliers of electricity must disclose power  








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            sources.  Existing statute requires retail suppliers - IOUs,  
            POUs, CCAs, and ESPs - to disclose fuel source information to  
            potential end-use customers in a way that is accurate,  
            reliable, and simple to understand.  The disclosure is  
            governed by the CEC's Power Source Disclosure Program, by  
            which the CEC specifies a standard format the retail suppliers  
            are to use.  That format is known as the Power Content Label. 


            The Power Content Label presents retail supplier fuel source  
            information in two broad categories:  a) specific purchases  
            and b) unspecified sources of power.  The label breaks out the  
            first category, specific purchases, into several  
            subcategories:  eligible renewables (meaning eligible for RPS  
            credit), coal, large hydroelectric, natural gas, nuclear, and  
            other.  The label provides no additional detail to the second  
            category, unspecified sources of power, because such  
            electricity, by definition, is not traceable to a specific  
            generation source.  In addition, the label presents comparison  
            data on the power mix for all retail electricity deliveries in  
            California.


            The Power Content Label is not without controversy.  Some  
            parties contend the bill potentially confuses customers,  
            despite the statutory direction that the label is to be  
            accurate, reliable, and simple to understand.  For example,  
            some parties have complained that the reporting periods and  
            reporting specifications required of retail suppliers of  
            electricity differ from the reporting periods and reporting  
            specifications of other state programs.  Others contend the  
            label misleads customers on the supplier's progress in meeting  
            the RPS.  


            Still others contend that the Power Content Label, first  
            created nearly two decades ago, needs updating to reflect the  
            state's current environmental policies and priorities.   
            Specifically, bill proponents argue the current Power Content  
            Label does not currently include information on GHG intensity  
            associated with the sellers' sources of electricity.  This  
            bill would add a GHG emissions intensity factor to the statute  








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            requiring power source disclosure.


          2)Rollover credits? This bill establishes a new provision in the  
            disclosure rules that would allow a Publicly Owned Utility to  
            "rollover" GHG credits from prior years and use them in a  
            current year.  This bill requires the CEC to establish  
            guidelines for these adjustments that demonstrate generation  
            of quantities of electricity in previous years in excess of  
            total retail and wholesale sales.


          3)Prior/Related Legislation:


            SB 1305 (Sher), Chapter 796, Statutes of 1997:  First required  
            retail suppliers to disclose their power sources.


            AB 162 (Ruskin), Chapter 313, Statutes of 2009:  Modifies and  
            streamlines power source disclosure reporting requirements for  
            POUs and other electricity providers.


            SB 456 (Padilla) of 2014:  Would have added two categories of  
            fuel source information to the Power Content Label:  energy  
            storage and out-of-state generation.  Died in the Assembly  
            Utilities and Commerce Committee.


          Analysis Prepared by:                                             
                          Sue Kateley / U. & C. / (916) 319-2083  FN:  
          0004826

















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