BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2206


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          ASSEMBLY THIRD READING


          AB  
          2206 (Williams)


          As Amended  May 27, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Utilities       |15-0 |Gatto, Patterson,     |                    |
          |                |     |Burke, Chávez, Dahle, |                    |
          |                |     |Eggman, Cristina      |                    |
          |                |     |Garcia,               |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |Hadley,               |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Roger Hernández,      |                    |
          |                |     |Obernolte, Quirk,     |                    |
          |                |     |Santiago, Ting,       |                    |
          |                |     |Williams              |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Natural         |9-0  |Williams, Jones,      |                    |
          |Resources       |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Cristina Garcia,      |                    |








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          |                |     |Gomez, Hadley,        |                    |
          |                |     |Harper, McCarty,      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Mark Stone, Wood      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Roger         |                    |
          |                |     |Hernández, Holden,    |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  Requests the California Council on Science and  
          Technology (CCST) to complete a study analyzing issues relating  
          to minimum heating value and maximum siloxane specifications for  
          biomethane injected into common carrier gas pipelines.   
          Specifically, this bill: 


          1)Requests CCST to undertake and complete a study analyzing  
            issues relating to minimum heating value and maximum siloxane  
            specifications adopted by the California Public Utilities  
            Commission (CPUC) for biomethane before it can be injected  
            into common carrier gas pipelines.  Requires CCST to complete  
            the study within nine months from entering into a contract to  
            do so.


          2)Directs the CPUC to require each gas corporation operating  








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            common carrier pipelines in California to proportionately  
            contribute to the total costs to undertake the study if CCST  
            agrees to undertake and complete the study.  Provides costs  
            are recoverable through rates.


          3)Allows the CPUC to modify the allocation of certain available  
            incentives and use the funds instead to pay for some or all of  
            the costs of the study.


          4)Requires the CPUC to reevaluate requirements and standards  
            adopted for injection of biomethane into common carrier  
            pipelines and, if appropriate, change those requirements and  
            standards or adopt new requirements and standards, giving due  
            deference to the conclusions and recommendations made in the  
            study.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee:


          1)Unknown increased one-time costs (special fund) of up to  
            $500,000, depending on the scope, for CCST to complete the  
            study.


          2)Increased one-time costs of $118,480 (CPUC Utilities  
            Reimbursement Fund) to re-open an existing proceeding or open  
            a new proceeding on methane to consider the blending of gas  
            downstream, lowering the minimum heating value and modifying  
            siloxane levels.  This includes an Administrative Law Judge  
            and Analyst.


          3)Ongoing annual costs of $263,305 (CPUC Utilities Reimbursement  
            Fund) to devote a full time engineer to the proceeding and  
            provide ongoing training and enforcement expertise.








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          COMMENTS:


          1)Purpose:  According to the author, the new biomethane  
            standards adopted by the CPUC apply to biomethane even when  
            dilution in the pipeline means the biomethane will only be 1%  
            of the total gas that reaches the first end user.  As such,  
            the contaminant and thermal values could be very different  
            than if the biomethane were 100%.  


            This bill directs the CPUC to contract with CCST to analyze  
            the contaminant and thermal requirements, including standards  
            in other states as well as the different sources of biomethane  
            and the impacts on cost and safety.


          2)Background:  The CPUC opened a rulemaking proceeding in  
            February 2013.  In January 2014, the CPUC issued Decision (D)  
            14-01-034 adopting concentration standards for 17 Constituents  
            of Concern (these include ammonia, biologicals, hydrogen,  
            mercury, and siloxanes), as well as the monitoring, testing,  
            reporting, and recordkeeping protocols for biomethane to be  
            injected into the gas utilities' pipelines. 

            On April 9, 2014, the second phase of the same proceeding was  
            opened to consider who should bear the costs of meeting the  
            standards and requirements that the CPUC adopted in  
            D.14-01-034.  In June 2015, the CPUC adopted D.15-06-029 and  
            concluded that the costs of complying with the standards and  
            protocols adopted by D.14-01-034 should be borne by the  
            biomethane producers.  

            However, to provide initial support to the developing  
            biomethane market, the CPUC included a five-year monetary  
            incentive program to encourage biomethane producers to design,  
            construct, and to successfully operate biomethane projects.   








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            As described in this decision, each biomethane project that is  
            built over the next five years, or sooner if the program funds  
            are exhausted before that period, can receive 50% of the  
            project's interconnection costs, up to $1.5 million, to help  
            offset these costs upon the successful interconnection and  
            operation of the facility. 

            According to the author, since the new standards were adopted,  
            not one new pipeline biogas project has been built and the  
            only one currently in operation, the Point Loma Wastewater  
            Treatment facility in San Diego County indicates it would not  
            be able to meet the new standards.

          3)Related Legislation:  AB 2773 (Quirk) of the current  
            legislative session:  requires the PUC to modify the minimum  
            heating value, the siloxane trigger, and lower action levels  
            of biomethane.  Pending in the Assembly.



          Analysis Prepared by:                                             
                          Sue Kateley / U. & C. / (916) 319-2083  FN:  
          0003228