BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2313 (Williams) - Renewable natural gas:  monetary incentive  
          program for biomethane projects:  pipeline infrastructure
          
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          |Version: June 14, 2016          |Policy Vote: E., U., & C. 9 - 0 |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 8, 2016    |Consultant: Narisha Bonakdar    |
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          This bill meets the criteria for referral to the Suspense File.


          Bill  
        Summary:1)  AB 2313 increases the monetary incentive amounts available to  
          biomethane projects and directs the California Public Utilities  
          Commission (CPUC) to consider whether to allow the recovery of  
          rates of the cost for specified activities.


          Fiscal  
          Impact:  
           One-time costs of approximately $550,000 and ongoing costs of  
            approximately $60,000 (Utilities Reimbursement Account) to the  
            CPUC. (See staff comments)
           Unknown, potentially significant costs to the state as a  
            ratepayer.  


          Background:  Biogas and biomethane:  natural gas by other names.  Bioenergy  
          is renewable energy produced from biomass wastes including  
          forest and other wood waste, agriculture and food processing  
          wastes, organic urban waste, waste and emissions from water  







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          treatment facilities, landfill gas and other organic waste  
          sources.  Biomass waste can be used to generate renewable  
          electricity, liquid fuels and biogas. 

          Statute defines "biogas" as a gas produced from the anaerobic  
          decomposition of organic material.  The result is a gaseous  
          mixture composed primarily of carbon dioxide and methane.   
          Depending on where it is produced, biogas can be categorized as  
          landfill gas or digester gas.  Landfill gas is produced by  
          decomposition of organic waste in a municipal solid waste  
          landfill.  Digester gas is typically produced from livestock  
          manure, sewage treatment or food waste.

          1900 (Gatto, Chapter 602, Statutes of 2012) was passed to  
          facilitate in-state biogas production by enabling it to be  
          transported in common carrier pipelines.  In 2014, the CPUC  
          adopted standards for the protection of both public health and  
          pipeline and end-use equipment.  The CPUC also adopted a  
          decision that considered the costs associated with injecting  
          biomethane into natural gas pipelines and assigned those to  
          biomethane producers as is consistent with the statutory  
          requirement to provide nondiscriminatory access to common  
          carrier pipelines.  However, in the same decision, the CPUC  
          recognized that AB 1900 specifically required adoption of  
          "policies and programs that promote the in-state production and  
          distribution of biomethane" and adopted a ratepayer funded  
          program that will offset a portion of the costs to gas producers  
          of connecting to utility pipelines. The program is capped at a  
          total of $40 million and will pay up to 50 percent of a  
          project's interconnection cost but not exceed to $1.5 million.  
          No pipeline biogas project has been built or applied for since  
          the enactment of this bill. 


          



          Proposed Law:  
            This bill:
          1)Requires the CPUC to modify and extend until December 31,  
            2021, its decision 15-06-029 for biomethane projects.










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          2)Increases the incentive limitation for all projects except  
            dairy clusters from $1.5 million to $3 million.


          3)Increases the incentive limitation for all dairy cluster  
            projects to $5 million.


          4)Defines a dairy cluster biomethane project as a biomethane  
            project of three or more dairies in close proximity to one  
            another employing multiple facilities for the capture of  
            biogas that is transported by multiple gathering lines to a  
            centralized processing facility where the biogas is processed  
            to meet the biomethane standards adopted by the CPUC and  
            injected to a gas pipeline through a single interconnection. 

          5)Specifies that costs incurred for gathering lines for a dairy  
            cluster biomethane project must be treated as an  
            interconnection cost.

          6)Sunsets the bill on January 1, 2022.

          7)Requires the CPUC, upon exhaustion of the fund, to consider  
            whether to allow the recovery of rates of the cost of  
            investment to do each of the following:
               a.     Facilitate direct investment in the procurement and  
                 installation of utility infrastructure necessary to  
                 achieve interconnection between the natural gas utility  
                 and distribution network and biomethane generation and  
                 collection equipment.
               b.     Provide for the installation of utility  
                 infrastructure to achieve interconnection with facilities  
                 that generate biomethane.


          Staff  
          Comments:  

          Purpose. According to the author "Since the new standards were  
          adopted, not one new pipeline biogas project has been built or  
          applied for the financial incentive.  While a program like this  
          is important to supporting and promoting biomethane, the  
          individual project cap of $1.5 million isn't reflective of the  
          actual cost to interconnect. The Bioenergy Association estimates  








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          the cost to interconnect is $1.5-$3 million per mile. Recently,  
          SoCalGas gave a producer in Riverside County an initial estimate  
          of $5 million for a one-mile pipeline.  Another project in  
          Tulare County received an estimate of $1.5 million for a  
          100-foot interconnection.

          A decarbonized gas supply is essential in order to meet the  
          state's goals for reducing greenhouse gas emissions, short-lived  
          climate pollutants, and the state's goals for promoting the use  
          of renewable energy resources in place of burning fossil fuels.   
          AB 2313 addresses what has been a significant challenge to truly  
          decarbonizing the gas sector - biomethane is an under-utilized  
          resource and the market has been slow to develop in California  
          because the collection, purification, and pipeline injection of  
          biomethane is cost prohibitive. 


          CPUC fiscal. According to the CPUC, implementation of this bill  
          would require the following:

           One (1) Administrative Law Judge II for one (1) year to  
            preside over a proceeding (e.g., R.13-02-008 or a new  
            proceeding) to implement proposed Public Utilities Code  
            sections 399.23 and 784.2.
           One (1) Public Utilities Counsel IV for one (1) year to  
            litigate and advise the Commission on the aforementioned  
            proceeding.
           One (1) Public Utilities Regulatory Analyst V for one (1) year  
            to facilitate workshops, gather information from stakeholders,  
            and advise the Commission on the aforementioned proceeding.
           One half (0.5) Utilities Engineer full-time to staff the  
            aforementioned proceeding and adequately represent Integrity  
            Management (safety) concerns as well as review and analyze  
            data.







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