BILL ANALYSIS Ó AB 2798 Page A 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) AB 2798 Page B 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 AB 2798 Page C 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 AB 2798 Page D 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 AB 2798 Page E 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 AB 2798 Page F 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. AB 2798 Page G 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 Page H Analysis Prepared by:Darion Johnston / U. & C. / (916) 319-2083