BILL ANALYSIS Ó AB 1144 Page 1 Date of Hearing: May 13, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1144 (Rendon) - As Amended April 14, 2015 ----------------------------------------------------------------- |Policy |Utilities and Commerce |Vote:|12 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Natural Resources | |9 - 0 | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill revises the Renewables Portfolio Standard (RPS) product content categories to provide that unbundled renewable energy credits (RECs) count in Category 1 if they are associated with electricity generated by a landfill or digester gas source AB 1144 Page 2 and used at a publicly owned wastewater treatment facility put into service on or after January 1, 2016. FISCAL EFFECT: Minor, absorbable state costs. COMMENTS: 1)Rationale. Wastewater utilities generate methane emissions from their operations. Air Quality regulators require wastewater agencies to minimize methane emissions. If the utility does not use the methane, then they generally are required to flare the methane to reduce air pollution. According to the author, while some wastewater utilities already capture and use their methane to produce and use the electricity at their own facility, such energy-water infrastructure may not be affordable for others, particularly smaller facilities. This bill allows public wastewater agencies to sell their RECs in category 1 to generate funding to pay for the infrastructure. AB 1144 Page 3 2)Background. The California Renewables Portfolio Standard program requires investor- owned utilities, local publicly-owned utilities, and energy service providers to increase purchases of renewable energy to at least 33% of retail sales by December 31, 2020. The original RPS bill, SB 1078 (Sher), Chapter 516, Statutes of 2002, set a goal of 20 percent by 2017. SB 107 (Simitian), Chapter 464, Statutes of 2006, accelerated the deadline for 20 percent to 2010. SBX1 2 (Simitian), Chapter 1, Statutes of 2011-12 First Extraordinary Session, codified the current 33 percent by 2020 RPS target and also established product content categories (or "buckets"), which place the highest value (Category 1) on renewable energy that is directly delivered into California because it has the greatest economic, environmental and reliability benefits. In contrast, Category 3 has the smallest demand and lowest prices. When an agency creates and uses its own renewable electricity and wishes to sell the REC, it is unbundled, and therefore Category 3. 3)REC Categories. RPS law establishes balanced portfolio requirements for procurement based on the following three categories of renewable energy products: a) Category 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 percent for the 2011-2013. ii) At least 65 percent for the 2014-2016. AB 1144 Page 4 iii) At least 75 percent thereafter. b) Category 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) Category 3 - Renewable energy products not meeting either 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 percent for the 2011-2013. ii) Not more than 15 percent for the 2014-2016. iii) Not more than 10 percent thereafter. 4)Further Issues to Address. This bill addresses part of the larger issue regarding the manner in which RECs associated with renewable energy produced and used onsite should be counted towards meeting the requirements of RPS. The larger issue affects a variety of renewable sources produced onsite including distributed solar, geothermal as well as biogass from wastewater, dairy and landfill sources. Resolving how REC categories are valued and counted will be part of the larger discussion on how to reach 50% RPS by 2030. AB 1144 Page 5 Analysis Prepared by:Jennifer Galehouse / APPR. / (916) 319-2081