BILL NUMBER: SB 539	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 14, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Hueso

                        FEBRUARY 26, 2015

   An act to add and repeal Section 25401.1 of the Public Resources
Code, and to  amend   repeal  Section 782
of the Public Utilities Code, relating to renewable energy resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 539, as amended, Hueso. Renewable energy resources: geothermal.

   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations.
The Public Utilities Act authorizes the Public Utilities Commission,
upon a complaint by a geothermal energy producer, to prohibit any
electrical corporation from curtailing the generation, production, or
transmission of electricity from a geothermal powerplant operated by
the corporation, if the commission deems that the curtailment is not
in the public interest.
   This bill would  require the Public Utilities Commission,
upon a complaint by a geothermal energy producer, to prohibit any
electrical corporation from curtailing the generation, production, or
transmission of electricity from a geothermal powerplant operated by
the corporation, if the commission determines that the curtailment
is not in the public interest, as specified.   repeal
the above-described geothermal generation, production, or
transmission curtailment authorization. 
   The existing Warren-Alquist State Energy Resources Conservation
and Development Act establishes the State Energy Resources
Conservation and Development Commission. Existing law requires the
State Energy Resources Conservation and Development Commission to
continuously carry out studies, research projects, data collection,
and other activities required to assess the nature, extent, and
distribution of energy resources to meet the needs of the state,
including, but not limited to, fossil fuels and solar, nuclear, and
geothermal energy resources.
   This bill would require the State Energy Resources Conservation
and Development Commission, in consultation with the Public Utilities
Commission and the Independent System Operator, to study barriers to
developing new baseload in-state renewable electrical generation
facilities, as defined, including geothermal electrical generating
facilities, and barriers to maintaining existing contracts with
baseload in-state renewable electrical generation facilities, and
potential solutions to those barriers, including how to level the
playing field for those baseload in-state renewable electrical
generation facilities. The bill would require the State Energy
Resources Conservation and Development Commission to report the
results of the study and recommendations to the Legislature by
January 1, 2017.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25401.1 is added to the Public Resources Code,
to read:
   25401.1.  (a) The commission, in consultation with the Public
Utilities Commission and the Independent System Operator, shall
conduct a study to examine both of the following:
   (1) The barriers to developing new baseload in-state renewable
electrical generation facilities, as defined in Section 25741,
including geothermal electrical generating facilities, and
maintaining existing contracts with baseload in-state renewable
electrical generation facilities.
   (2) Potential solutions to those barriers, including how to level
the playing field for those baseload in-state renewable electrical
generation facilities.
   (b) The commission shall report the results of the study and
recommendations to the Legislature by January 1, 2017.
   (c) (1) A report to be submitted pursuant to subdivision (b) shall
be submitted in compliance with Section 9795 of the Government Code.

   (2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2021. 
  SEC. 2.    Section 782 of the Public Utilities
Code is amended to read:
   782.  In order to encourage the development of geothermal
resources in the State of California, the commission shall, upon a
complaint by a geothermal energy producer, prohibit any electrical
corporation from curtailing the generation, production, or
transmission of electricity from a geothermal powerplant operated by
the corporation, if the commission determines that the curtailment is
not in the public interest. For purposes of this section, "public
interest" includes, but is not limited to, all of the following:
   (a) Loss of economic output, including jobs and tax revenue.
   (b) An increase in emissions of carbon dioxide and other
greenhouse gases.
   (c) The loss of production or potential production of lithium and
other strategic metals. 
   SEC. 2.    Section 782 of the   Public
Utilities Code   is repealed.  
   782.  In order to encourage the development of geothermal
resources in the State of California, the commission may, upon a
complaint by a geothermal energy producer, prohibit any electrical
corporation from curtailing the generation, production, or
transmission of electricity from a geothermal powerplant operated by
such corporation, if the commission deems that such curtailment is
not in the public interest.