BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                    AB 2798


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          Date of Hearing:  April 20, 2016


                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE


                                  Mike Gatto, Chair


          AB 2798  
          (Gatto) - As Introduced February 19, 2016


          SUBJECT:  Energy conservation:  power facility and site  
          certification:  notice of intention


          SUMMARY:  Requires a notice of intention to construct a power  
          facility submitted to the California Energy Commission (CEC) to  
          include information on the extent to which the facility will  
          increase or decrease reliance on underground natural gas  
          storage. 


          EXISTING LAW:  


          1)Requires CEC certification of sites and related facilities if  
            they are to be used as a power facility. (Public Resources  
            Code Section 25500)


          2)Requires each person proposing to construct a thermal  
            powerplant or electric transmission line on a site to submit  
            to the CEC a notice of intention to file an application for  
            the certification of the site and related facility or  
            facilities. (Public Resources Code Section 25502) 













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          3)Requires the notice of intention to include a statement by the  
            applicant with the following information: 


             a)   A description of the location of the proposed sites; 
             b)   A summary of the proposed design criteria of the  
               facilities; 


             c)   The type or types of fuels to be used; 


             d)   The methods of construction and operation; 


             e)   The proposed location of facilities and structures on  
               each site; 


             f)   A preliminary statement of the relative economic,  
               technological, and environmental advantages and  
               disadvantages of the alternative site and related facility  
               proposals; 


             g)   A statement of need for the facility and information  
               showing the compatibility of the proposals with the most  
               recent electricity; and 


             h)   Any other information that an electric utility deems  
               desirable to submit to the CEC. (Public Resources Code  
               Section 25504)


          4)Authorizes the CPUC to regulate gas corporations, including  
            underground storage. (Public Utilities Code Sections 216(a),  
            221, 222, 227, and 228)
          5)Requires gas storage facilities to receive a Certificate of  











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            Public Convenience and Necessity (CPCN) before constructing a  
            gas storage facility.  Requires that the CPUC grant a CPCN on  
            the grounds that the present or future public convenience and  
            necessity requires or will require the gas storage facility.  
            (Public Utilities Code Section 1001, et seq.)





          6)Requires the Department of Conservation to maintain  
            surveillance over underground gas storage facilities to insure  
            that the original reserves are not lost, that drilling of new  
            wells is conducted properly, and that no damage occurs to the  
            environment by reason of injection and withdrawal of gas.  
            (Public Resources Code Section 3403.5)  
           FISCAL EFFECT:  Unknown. 


          COMMENTS:


          1)Author's Statement: "AB 2798 was introduced in response to the  
            recent Aliso Canyon gas leak. The leak has been called the  
            largest environmental disaster since the BP oil spill due to  
            the large amounts of methane released into the atmosphere. Not  
            only did this disaster significantly increase greenhouse gas  
            emissions, it also impacted thousands of families living near  
            the Aliso Canyon gas storage facility who were forced to  
            evacuate their homes for up to four months until the leak was  
            controlled. The smell of mercaptans, an odorant commonly added  
            to natural gas for detection purposes, caused nosebleeds,  
            headaches, and nausea for many members of the community. It is  
            critical that power facilities are only sited and expanded  
            when there is a true demand for additional energy. However, if  
            additional facilities are needed, is important that the CEC  
            take into account how that facility may increase reliance on  
            natural gas storage, particularly when these storage  
            facilities have aging infrastructure and are located so close  











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            to families and homes."


          2)Background:  A leak was discovered on October 23, 2015, at a  
            natural gas well located at the Aliso Canyon storage facility,  
            owned and operated by Southern California Gas Company  
            (SoCalGas).  SoCalGas made several unsuccessful well "kill"  
            attempts. On December 4, 2015, SoCalGas began drilling a  
            relief well to intercept and cap the leaking well near the  
            bottom of the well. Through November and December 2015,  
            Division of Oil, Gas & Geothermal Resources of the Department  
            of Conservation (DOGGR) and the CPUC issued orders establish a  
            moratorium on natural gas injection at Aliso Canyon, to  
            provide data, retain evidence, and track costs of the effort  
            to plug the well.  The Air Resources Board began collecting  
            and publishing data on methane emissions caused by the leak.   
            On January 6, 2016, the Governor issued a Proclamation<1>  
            directing various state entities to oversee SoCalGas' actions  
            to stop the leak, protect public safety, ensure accountability  
            and strengthen oversight of natural gas storage facilities. On  
            February 11, 2016 SoCalGas temporarily controlled the leak by  
            injecting mud from a relief well intersecting the bottom of  
            the leaking well. Gaining control of the leak has drastically  
            reduced the amount of leaking methane. DOGGR announced a  
            permanent seal of the well on February 18, 2016.





            The long-term impacts of the Aliso Canyon storage facility  
            leak are still forthcoming.  According to data published in  
            the peer-reviewed journal Science, "at its peak, the nearly  
            four-month leak released roughly 100,000 tons of  
            methane-effectively doubling the methane emissions rate of the  
            entire Los Angeles Basin."  The article goes on to state that  
            this was the largest methane leak in United States' history.   
            In early March, the Los Angeles Times reported that, despite  



            --------------------------


          <1>  https://www.gov.ca.gov/news.php?id=19264  








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            the fact that the leak had been sealed three weeks earlier,  
            authorities shut down a local park to keep the public away  
            until SoCalGas crews could scrub away oily residues found on  
            playground equipment.  The Los Angeles Department of Public  
            Health stated that they had received more than 700 complaints  
            during the leak, including headaches, upset stomachs and  
            respiratory issues, and that more than 300 people called after  
            the leak had been sealed to report continued health problems.   



          3)Power Facility Certification Process: According to the Public  
            Resources Code Section 25504, a person proposing to construct  
            a thermal powerplant or electric transmission line must submit  
            a notice of intention to file an application for the  
            certification of the site and related facility or facilities  
            to the CEC.  The notice of intention must include information  
            such as a description of the location of the proposed sites; a  
            summary of the proposed design criteria of the facilities; the  
            type or types of fuels to be used; the methods of construction  
            and operation; the proposed location of facilities and  
            structures on each site; a preliminary statement of the  
            relative economic, technological, and environmental advantages  
            and disadvantages of the alternative site and related facility  
            proposals; a statement of need for the facility and  
            information showing the compatibility of the proposals with  
            the most recent electricity. The CEC reviews this information  
            and determines whether or not to approve the certification to  
            build the power facility. 

          4)Gas Storage Well Infrastructure: There are six operators of 12  
            storage facilities in California with 343 active wells.  At  
            Aliso Canyon there are 39 pre-1954 wells and 98 pre-2006 wells  
            (including the pre-1954 wells).  Honor Rancho storage facility  
            has no pre-1954 wells and 41 pre-2006 wells.  La Goleta  
            storage facility has 13 pre-1954 wells and 20 pre-2006 wells  
            (including the pre-1954 wells).  Playa del Rey storage  
            facility has 41 pre-1954 wells and 51 pre-2006 wells  
            (including the pre-1954 wells). Data on the age of wells at  











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            other natural gas storage facilities in California was not  
            available.


            Injection of natural gas to a storage facility increases  
            pressure on the aging infrastructure of a storage well.  
            Existing law does not require the notice of intention to  
            include information on the extent to which the facility to be  
            built will increase or decrease reliance on underground  
            natural gas storage. It could be beneficial to have this  
            information to help the CEC determine if increased reliance on  
            natural gas will be damaging to existing storage well  
            infrastructure. This information could help prevent future gas  
            leaks similar to the leak at Aliso Canyon. 



          5)Related Legislation: 



            SB 380 (Pavley) 2016: Places a moratorium on injecting natural  
            gas into the Aliso Canyon gas storage facility and establishes  
            requirements for resuming natural gas injections at the Aliso  
            Canyon gas storage facility, as specified. Pending in the  
            Assembly Appropriations Committee. 





            AB 2788 (Gatto) 2016: Requires that emergency regulations  
            adopted by DOGGR in response to the Aliso Canyon gas leak  
            remain in effect until the adoption, amendment, or repeal of  
            the regulations is verified by DOGGER. Pending in the Assembly  
            Natural Resources Committee. 














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            AB 2763 (Gatto) 2016: Explicitly includes language in the  
            provisions specific to the issuance a CPCN the definition of  
            gas plant applies to those provisions. Pending in the Assembly  
            Utilities and Commerce Committee. 


          





          REGISTERED SUPPORT / OPPOSITION:




          Support




          None on file. 




          Opposition




          None on file. 















                                                                    AB 2798


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          Analysis Prepared by:Darion Johnston / U. & C. / (916) 319-2083