BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                            Senator Bob Wieckowski, Chair
                                2015 - 2016  Regular 

          Bill No:           SB 687           Hearing Date:     4/29/15
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          |Author:   |Allen                                                 |
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          |Version:  |4/16/2015                                             |
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          |Urgency:  |No                     |Fiscal:      |Yes             |
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          |Consultant|Rebecca Newhouse                                      |
          |:         |                                                      |
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          Subject:  Renewable gas standard


            ANALYSIS:                                                     
          
          Existing law:

          1. Under the California Global Warming Solutions Act of 2006,  
             requires the California Air Resources Board (ARB) to  
             determine the 1990 statewide greenhouse gas (GHG) emissions  
             level and approve a statewide GHG emissions limit that is  
             equivalent to that level, to be achieved by 2020, and to  
             adopt GHG emissions reductions measures by regulation.  ARB  
             is authorized to include the use of market-based mechanisms  
             to comply with these regulations.  (Health and Safety Code  
             §38500 et seq.) 

          2. Provides that eligible renewable electrical generation  
             facilities must use biomass, solar thermal, photovoltaic,  
             wind, geothermal, renewable fuel cells, small hydroelectric,  
             digester gas, limited non-combustion municipal solid waste  
             conversion, landfill gas, ocean wave, ocean thermal, and  
             tidal current to generate electricity, and requires that  
             renewable electrical generation facilities must meet certain  
             requirements, as specified (Public Resources Code §25741).

          3. Under the Renewable Portfolio Standard (RPS) requires  
             investor-owned utilities (IOUs), publicly owned utilities  
             (POUs) and certain other retail sellers of electricity to  
             achieve 33% of their energy sales from an eligible renewable  
             electrical generation facility by December 31, 2020, and  







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             establishes portfolio requirements and a timeline for  
             procurement quantities of three product categories.  (Public  
             Utilities Code §399.11 et seq.).

          4. Sets specific eligibility requirements for biomethane  
             contracted after March 29, 2012, in order to qualify as an  
             RPS-eligible resource.  (PUC §399.12.6)

          5. Requires the Office of Environmental Health Hazard Assessment  
             (OEHHA), in consultation with the State Air Resources Board,  
             and other specified agencies, to compile a list of  
             constituents of concern that could pose risks to human health  
             and that are found in biogas at concentrations that  
             significantly exceed the concentrations of those constituents  
             in natural gas and requires OEHHA to determine the health  
             protective levels for that list, as specified, and requires  
             ARB to identify realistic exposure scenarios and the health  
             risks associated with those scenarios, as specified and the  
             acceptable threshold concentrations of those constituents.  
             (HSC §25421)

          6. Requires the California Public Utilities Commission (PUC) to  
             adopt standards for biomethane to be injected into a common  
             carrier pipeline that specify constituent concentrations that  
             are reasonably necessary to ensure the protection of human  
             health, giving due deference to the findings by OEHHA, ARB,  
             and other specified agencies.  (HSC §25421)

          7. Requires California Energy Commission (CEC) to hold public  
             hearings to identify impediments that limit procurement of  
             biomethane in California, including, but not limited to,  
             impediments to interconnection, and requires CEC to offer  
             solutions to those impediments as part of the integrated  
             energy policy.  (PRC §25326)

          8. Requires PUC to adopt policies and programs that promote the  
             in-state production and distribution of biomethane.  (PUC  
             §399.24 )

          9. Requires PUC to adopt pipeline access rules that ensure that  
             each gas corporation provides nondiscriminatory open access  
             to its gas pipeline system to any party for the purposes of  
             physically interconnecting with the gas pipeline system and  
             effectuating the delivery of gas.  (PUC §784)








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          10.Requires businesses that generate specified amounts of  
             organic waste to arrange for recycling services for that  
             material.  (PRC §42649.81)

          This bill:  

          1. Defines "renewable gas" as gas generated from organic waste  
             or other renewable sources, including electricity generated  
             by an eligible renewable energy resource meeting RPS  
             requirements. 

          2. Requires the ARB, on or before June 30, 2016, and in  
             consultation with CEC and PUC, to adopt a carbon-based  
             renewable gas standard (RGS) that requires each gas seller to  
             provide certain percentages of renewable gas to retail  
             end-use customers.

          3. Requires ARB to require gas sellers to make reasonable  
             progress sufficient to ensure that by the end of the  
             compliance period, the following percentages of renewable gas  
             supplied to retail end-use customers are met:

             A.    1% by 2019;

             B.    3% by 2022;

             C.    5% by 2024;

             D.    10% by 2029; 

          4. Requires that renewable gas, to be eligible to count towards  
             the procurement requirements in the bill, must meet at least  
             one of the following conditions:

             A.    the renewable gas is used onsite by an end-use customer  
                in the state;

             B.    the renewable gas is used by an end-use customer in the  
                state and delivered through a dedicated pipeline;

             C.    the renewable gas is delivered to end-use customers in  
                the state through a common carrier pipeline and meets  
                specified requirements.








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          5. Requires ARB to notify all gas sellers in California of how  
             to comply with the renewable gas standard procurement  
             requirements, and authorizes the State Board of Equalization  
             to supply ARB with specified information to assist in the  
             identification of gas sellers that are not gas corporations.

          6. Requires PUC to notify ARB of each gas corporation that  
             provides gas service to end-use customers in the state. 

          7. Requires ARB to maintain and publicize a list of eligible  
             renewable gas providers.

          8. Requires ARB, in consultation with CEC, to adopt a flexible  
             compliance mechanism, such as tradable renewable gas credits,  
             and specifies that if ARB adopts tradable credits, those  
             credits are to be based on the carbon intensity of the  
             renewable gas, give equal value to renewable gas used onsite  
             and renewable gas injected into a common carrier pipeline,  
             and allow for credit banking and borrowing.

          9. Requires ARB to consult with PUC in development of  
             regulations, as they affect gas corporations subject to  
             regulations by PUC, to implement the RGS, in order to  
             minimize duplicative reporting and regulatory requirements.

          10.Require ARB, in consultation with PUC and CEC, ensure that  
             moneys made available through cap-and-trade auction revenue,  
             or from the Alternative and Renewable Fuel and Vehicle  
             Technology Program, or the Air Quality Improvement Program,  
             are used to reduce the costs to implement the RGS. 

          11.Requires ARB waive the enforcement of the RGS if it finds  
             that a gas seller has demonstrated specified conditions  
             beyond the control of the gas seller and that prevent  
             compliance. 

          12.Requires ARB to issue a lifecycle GHG emissions analysis for  
             various biogas types and end uses, and that also includes an  
             assessment of other public health and environmental benefits.  
              

          13.Requires CEC to provide an assessment to ARB and the  
             Legislature, on or before January 1, 2018, on the following:








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             A.    Opportunities to colocate renewable gas production with  
                existing vehicle fleets and other transportation fueling  
                opportunities;

             B.    Renewable energy production sites that can use  
                renewable gas onsite to reduce fossil fuel gas consumption  
                for electricity generation, heating or cooling, or other  
                purposes;

             C.    Recommendations to reduce the costs of pipeline  
                interconnection for renewable gas projects in the state;

          Background

          1.Methane and Short-Lived Climate Pollutants.

            Methane is the principal component of natural gas and is  
            termed a short-lived climate pollutant, as it has a much  
            shorter lifetime in the atmosphere than CO2, but has a much  
            higher global warming potential.  According to the US EPA,  
            methane is over 24 times more effective than CO2 in trapping  
            heat in the atmosphere over a 100-year period. 

            Atmospheric methane concentrations have been increasing as a  
            result of human activities related to agriculture, fossil fuel  
            extraction and distribution, and waste generation and  
            processing.  Many emissions sources of methane are unregulated  
            and recent scientific reports indicate that the US EPA has  
            underestimated methane emissions by as much as 50%. 

            A 2012 study published in the journal Nature Climate Change  
            found that reducing emissions of short-lived climate  
            pollutants, including methane and soot, by 30 to 60% by 2050  
            would slow the annual rate of sea level rise by about 18% by  
            2050.  In addition, the study found that, compared to just  
            cutting CO2 emissions, reducing the release of short-lived  
            climate pollutants would do more to slow sea level rise before  
            2050.  However, the study noted that lowering CO2 emissions  
            would be required to limit warming and warming-related impacts  
            beyond that point.

            SB 605 (Lara), Chapter 523, Statutes of 2014, directs ARB to  
            develop a comprehensive short-lived climate pollutant strategy  








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            by January 1, 2016.  In developing the strategy, ARB is  
            required to complete an inventory of sources and emissions of  
            short-lived climate pollutants in the state based on available  
            data, identify research needs to address data gaps and  
            existing and potential new control measures to reduce  
            emissions. 

          2.Biogas and Biomethane.

            Through a series of steps involving the bacterial breakdown of  
            organics, carbon-based material can be converted to methane in  
            oxygen-deprived conditions.  This process occurs naturally,  
            and is often uncontrolled in landfills and dairy farms,  
            contributing to significant GHG emissions.  However, capturing  
            and utilizing the gas is facilitated through the use of  
            anaerobic digesters, which operate with various temperatures,  
            pH and bacteria types, can break down organic wastes,  
            dramatically speeding up the natural decomposition process,  
            and produce primarily methane, significant quantities of  
            carbon dioxide and trace amounts of other gasses including  
            hydrogen, carbon monoxide, nitrogen, oxygen, and hydrogen  
            sulfide, which, all together, is termed "biogas."  The biogas  
            can be processed further to produce high purity, or "pipeline"  
            quality methane, and is termed biomethane to differentiate it  
            from natural gas. In addition to landfills and dairy,  
            biomethane is generated from digestion processes at wastewater  
            treatment plants.

            Burning biomethane results in CO2, however the process is  
            considered carbon neutral since the CO2 was recently removed  
            from the atmosphere.  There are very significant climate  
            benefits associated with capturing the methane, and preventing  
            its release into the atmosphere, where it is almost 25 times  
            more powerful climate forcer than CO2. 

            Additionally, energy produced through burning biomethane can  
            displace energy consumption from fossil-fuels.  

          3.AB 32, Cap and Trade and Low Carbon Fuel Standard (LCFS).

            ARB has broad authority to regulate methane as a GHG under AB  
            32 and create programs and implement measures to reduce GHGs  
            in the state to achieve the statewide 2020 GHG emissions goal.









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            According to ARB's updated scoping plan, the state's largest  
            anthropogenic methane-producing sources are enteric  
            fermentation (belching by animals), manure management,  
            landfills, natural gas transmission, and wastewater treatment.  
             Methane emissions also come from non-anthropogenic sources  
            such as wetlands, oceans, and forests.  Methane gas from  
            production and distribution is a growing source of emissions  
            in many countries, including the United States, due to  
            increased exploration and use of natural gas for energy.

            In order to address these emissions, ARB has implemented  
            several programs that target methane emissions, or provide  
            incentives for the use of renewably generated methane.

            Methane from landfills: Effective June 17, 2010, ARB approved  
            a regulatory measure as an AB 32 discrete early action measure  
            that requires owners and operators of certain uncontrolled  
            municipal solid waste landfills to install gas collection and  
            control systems, and requires existing and newly installed gas  
            and control systems to operate in an optimal manner.  

             Cap-and-Trade Program.  Pursuant to AB 32, ARB adopted a  
             cap-and-trade program that places a "cap" on aggregate GHG  
             emissions from large GHG emitters, which are responsible for  
             approximately 85% of the state's GHG emissions.  The cap  
             declines over time, eventually reaching the target emission  
             level in 2020.  Large emitters must obtain compliance  
             instruments equal to their emissions in that period.   
             Compliance instruments include allowances and offsets, where  
             allowances are generated by the state in an amount equal to  
             the cap, and offsets result from emissions reductions  
             achieved in an uncapped sector and are quantified and  
             verified using an ARB approved compliance offset protocol.   
             To date, ARB has adopted offset protocols for four project  
             types including dairy digesters to capture fugitive methane  
             emissions.
             
            LCFS: Pursuant to their authority under AB 32, ARB adopted the  
            LCFS in 2009, which requires transportation fuel suppliers in  
            the state to meet certain average annual carbon limitations.   
            The program ultimately requires a 10% reduction in the carbon  
            intensity of a particular fuel by 2020.  The carbon intensity  
            measures the net carbon emissions of the entire life-cycle of  
            the fuel, including carbon emitted during production,  








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            refining, and transportation, and conversion of the fuel to  
            useable energy.  Fuel suppliers can meet the standard by  
            reducing the carbon intensity of their fuels, or by purchasing  
            credits from other suppliers of other fuels that have carbon  
            intensities below state requirements.

            As renewable gas, or biomethane, already meets the 10%  
            reduction requirement in 2020, the fuel qualifies for credits  
            under the program.

            Budget allocations: The 2014-15 Budget allocates $832 million in  
            cap-and-trade auction revenue to a variety of transportation,  
            energy, and resources programs aimed at reducing GHG emissions.   
            Specifically, $15 million was appropriated to California  
            Department of Food and Agriculture to fund agricultural energy  
            and operational efficiency programs, with $12 million directed  
            for financial assistance for the installation of dairy  
            digesters, and $3 million to support deployment and use of  
            renewable natural gas, its analogues, and other low-carbon  
            renewable biofuels derived from agricultural waste, for use in  
            the transportation sector. 

            Department of Resources Recycling and Recovery (CalRecycle)  
            was also awarded $25 million of cap-and-trade auction funds in  
            2014-15.  They have established multiple programs for some of  
            these funds to reduce GHG emissions through providing  
            financial assistance to expand existing capacity or establish  
            new facilities to process California-generated organic waste  
            through composting or anaerobic digestion to produce  
            low-carbon fuel. 

            This year's 2015-16 Budget proposes identical appropriations  
            for those two programs at the California Department of Food  
            and Agriculture (CDFA) and CalRecycle. 

          4.Statewide Waste Diversion Goals. 

            CalRecycle is tasked with diverting at least 75% of solid  
            waste statewide by 2020.  Currently, organic materials,  
            including green waste, make up one-third of the waste stream  
            (approximately 11 million tons) and food waste continues to be  
            the highest single category of disposal at over 15%.  Green  
            materials, such as lumber, cardboard, and leaves and grass  
            comprise over 20%. 








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            CalRecycle is also charged with implementing its Strategic  
            Directive 6.1, which calls for reducing organic waste disposal  
            by 50% by 2020.  According to CalRecycle, significant gains in  
            organic waste diversion (through recycling technologies for  
            organic waste including composting and anaerobic digestion)  
            are necessary to meet the 75% goal and to implement Strategic  
            Directive 6.1.  Anaerobic digestion, which produces biogas  
            that can be processed to biomethane fuel, is particularly  
            suited to handle food waste.  

            As previously noted, organic waste that ends up in landfills  
            generates landfill gas, 50% of which is methane, from the  
            anaerobic decomposition of organic materials such as food,  
            paper, wood, and green material. 

            In order to address the large percentage of organic waste  
            disposed of in landfills, AB 1826 (Chesbro), Chapter 727,  
            Statutes of 2014, requires businesses that generate specified  
            amounts of organic and greenwaste to arrange for recycling  
            services of that waste.  In addition to diverting organics to  
            higher and better uses, the bill has the added benefit of  
            reducing GHG emission from landfills, since even landfills  
            with methane-control technologies can produce significant  
            fugitive methane emissions. 

          5.Landfill Gas and AB 1900.

             More than 20 years ago, concern arose regarding the emission  
             of vinyl chloride at a particular Class I hazardous waste  
             landfill, where dangerously high levels of the carcinogen  
             were measured.  Because Class II landfills do not accept  
             hazardous waste, the emissions from these landfills were  
             assumed to be free of hazardous chemicals, however,  
             subsequent analysis of Class II landfills biogas detected  
             vinyl chloride and other toxics in non-hazardous waste gas  
             emissions as well, and a 1987 report from the South Coast Air  
             Quality Management District identified vinyl chloride and  
             benzene in 90% of the Class II landfills tested.  The study  
             concluded that the presence of the toxins resulted from  
             either illegal dumping, or as an intermediate of microbial  
             digestion of chlorinated chemicals.  In response, California  
             adopted strict requirements regarding the allowable levels of  
             vinyl chloride and the required testing protocols for vinyl  








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             chloride for the legal sale, supply or transport of landfill  
             gas to a gas corporation in the state.  Prior to 2013, the  
             Southern California Gas Company prohibited the use of  
             landfill gas in its natural gas pipelines.

             In 2012, the Gas Technology Institute (GTI) released results  
             of analytical tests on 27 landfill gas samples processed  
             using one of three gas clean-up technologies.  Based on their  
             results, GTI concluded that landfill gas can be processed to  
             meet typical gas quality standards, or tariffs, to be  
             introduced with natural gas supplies.  GTI data indicates  
             that vinyl chloride was undetectable in all samples of  
             post-processed landfill gas.

             In an effort to encourage the production and use of  
             biomethane in California, including methane produced from  
             landfill biogas, the Legislature passed AB 1900 (Gatto),  
             Chapter 602, Statutes of 2012, which required PUC to adopt  
             health and safety standards for biomethane for pipeline  
             injection based on recommendations from the Office of  
             Environmental Health Hazard Assessment and the ARB. 

             In response to AB 1900, PUC issued a decision in February  
             2013 opening a rulemaking to create rules for how gas  
             utilities and producers should process biomethane, and how it  
             can be safely injected into utility pipelines.  On January  
             16, 2014, PUC issued a Decision adopting health and safety  
             standards that limit the amounts of certain constituents  
             determined to be harmful to either human health or pipeline  
             integrity in pipeline injected biomethane. 

             AB 1900 also requires utilities adopt rules allowing  
             non-discriminatory pipeline injection of biomethane and calls  
             for PUC to "adopt policies and programs that promote the  
             in-state production and distribution of biomethane."  

            CEC is required by AB 1900 to hold public hearings to identify  
            impediments that limit procurement of biomethane in California  
            and offer solutions as part of the integrated energy policy.
          
          6.Biomethane under RPS. 

            Current law identifies electrical generation facilities that  
            use digester gas, municipal solid waste conversion, or  








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            landfill gas, among other fuels, as renewable electrical  
            generation facilities and can be certified, if they meet  
                                       specific requirements, by CEC as RPS-eligible, and therefore  
            may be used by retail sellers of electricity, and  
            publicly-owned utilities (POUs) to satisfy their renewable  
            portfolio standard (RPS) procurement goals. Changes to the RPS  
            law by SB 2X (Simitian), Chapter 1, Statutes of 2011,  
            established three portfolio content categories within which  
            new RPS procurement is classified and sets quantitative  
            procurement limits for each category and places the highest  
            value on renewable energy that is directly delivered into  
            California. 

            Biomethane, upgraded from landfill gas or digester gas, may be  
            claimed as a fuel source for a natural gas power plant near,  
            or in California in order to be certified by CEC, and  
            therefore be RPS-eligible.  However, because this gas is often  
            delivered from sources distant to California, it is not clear  
            that the biomethane injected into a natural gas pipeline  
            system for delivery to a designated power plant actually  
            displaces in-state fossil fuel consumption because the  
            biomethane may not be physically delivered to the purchasing  
            electric generation facility for a variety of reasons.  These  
            reasons include the extensive commingling of the biomethane  
            with natural gas, inconsistent direction of gas flow and  
            multiple extraction points on the pipeline system before the  
            gas reaches the electric generation facility. This issue is  
            unique to biomethane as a renewable resource, since other  
            RPS-eligible facilities have the fuel source and generating  
            facility at the same site. 

            AB 2196 (Chesbro), Chapter 605, Statutes of 2012, clarified  
            RPS eligibility for pipeline biomethane with requirements  
            comparable to other renewable energy sources.  AB 2196  
            grandfathered biomethane contracts prior to March 29, 2012,  
            but required that injection of biomethane into common carrier  
            pipelines meet specific requirements to ensure that renewable  
            gas displaces natural gas in the pipeline, and ultimately for  
            electricity generation, and that in-state environmental  
            benefits are achieved, in order to be RPS-eligible for  
            biomethane contracts executed after that date.  

            Some of these requirements include that the source of  
            biomethane injects the biomethane into a common carrier  








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            pipeline that physically flows within California or toward the  
            generating facility for which the biomethane was procured  
            under the original contract and that the seller or purchaser  
            of the biomethane demonstrates that the capture and injection  
            of biomethane into a common carrier pipeline directly results  
            in at least one of several specified environmental benefits to  
            California, including avoidance of criteria air pollutants, or  
            pollutants that could have an adverse impact on waters of the  
            state. 

            In order for "renewable gas" to qualify under the procurement  
            requirements specified in AB 687, the bill specifies  
            requirements for that renewable gas similar to the  
            requirements of AB 2196 for biomethane RPS eligibility.  
            
            Comments
          
          1. Purpose of Bill.  

             According to the author, "California is a leader in efforts  
             to combat climate change- one of the most daunting challenges  
             facing humanity.  Currently, California's gas sector causes  
             one-quarter of the state's greenhouse gas emissions, and is a  
             major contributor to global warming. 

             "California uses more than 2 trillion cubic feet of natural  
             gas per year and that amount is going up.  Natural gas is  
             used to generate more than half of the state's electricity,  
             the majority of its home heating and hot water, and a growing  
             share of transportation fuels.  Although cleaner and cheaper  
             than other fossil fuels, natural gas is a major source of  
             greenhouse gas emissions and air and water pollution.  In  
             addition, California imports 91 percent of its gas, making  
             the state vulnerable to supply and price fluctuations and  
             costing more than $9 billion per year in lost revenues and  
             jobs as those jobs are outsourced to other states and to  
             Canada.

             "Renewable gas made from organic waste can significantly cut  
             greenhouse gas emissions and landfilling.  Increasing the use  
             of renewable gas will create jobs and economic productivity,  
             and strengthen California's energy security."










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          2. How Much Renewable Gas is Available?

             The sponsor states that California could generate more than  
             10% of its total gas consumption, 284 billion cubic feet of  
             gas per year, from organic waste, if all technically  
             available organic waste were converted to biogas.

             However, "technically available organic waste" does not  
             equate to readily available.  Although, the passage of AB  
             1826 (Chesbro, 2014), by requiring businesses recycle their  
             organic waste, may help ensure that increasing amounts of  
             organic and greenwaste feedstock are available for conversion  
             into renewable fuels.  

             In an effort to address potential issues with limited  
             renewable gas supply, SB 687 was amended out of the Senate  
             Energy, Utilities and Communication Committee to include  
             cost-containment provisions that allow the requirements of  
             the RGS to be waived for a gas seller that demonstrates  
             specified conditions beyond the control of the gas seller  
             that prevent compliance. 

          3. Not all Renewable Gas is Created Equal. 

             Depending on how the renewable gas is created, there may be  
             variations in the carbon intensity of the fuel, as well as  
             the amount of energy required to treat and purify the gas for  
             use.  The bill specifies percentages that must be procured by  
             gas sellers by various dates; however, it is unclear whether  
             those percentages correspond to volumes of renewable gas or  
             other characteristics, such as reductions in carbon  
             intensity. 

             If a volumetric approach is taken, two fuels that meet the  
             requirements of a renewable gas specified in SB 687, but that  
             have different GHG emissions impacts based on life-cycle  
             assessments, would count identically under the program toward  
             meeting the procurement requirements specified in the bill.  

             Procurement requirements based on a carbon intensity score  
             take GHG life- cycle emissions into account, and rank fuels  
             more fairly based on their overall GHG emissions reductions. 

             As the bill moves forward, the author is planning on amending  








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             the bill to clarify that the percentage requirements in the  
             bill correspond to reductions in carbon intensity of the  
             fuel.

          4. Definition. 

             AB 1900 defined "biomethane" as biogas that meets PUCs health  
             and safety concentration standards.  However, SB 687 refers  
             to procurement requirements of "renewable gas" defined as  
             biogas, as specified, or synthetic natural gas.  However, the  
             bill does not define "synthetic natural gas."

             The bill also never refers to "biomethane." 

             As the bill moves forward, the relationship between  
             biomethane and "renewable gas" should be clarified.   
             Additionally, the term "synthetic natural gas" should be  
             defined. 

          5. Timing.

             The bill requires ARB to adopt a carbon-based renewable gas  
             standard by June 30, 2016.  As the bill is not an urgency  
             statute, this only leaves 6 months for ARB to implement a  
             completely new program. 

             Additionally, the bill specifies that ARB is required to  
             ensure a gas seller is making reasonable progress to meeting  
             the compliance periods, but the bill requires them to begin  
             doing this on January 1, 2016, before they are required to  
             adopt the RGS program. 

             The committee may wish to amend the bill to move the date of  
             adoption of the program out until June 30, 2017, and make  
             that the date they are required to begin ensuring gas sellers  
             make reasonable progress to meet their first compliance  
             procurement deadline.  



          6. A Complicated, Shifting Policy Mix.

             SB 687 intends to spur growth in the in-state production of  
             renewable gas through renewable gas procurement requirements.  








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             However, there are currently several environmental statutes  
             designed at reducing the state's GHG emissions and increasing  
             renewable energy procurement, which affect biogas, including  
             AB 32 (Núñez, Pavley), Chapter 488, Statutes of 2006, and the  
             RPS.

             AB 32 grants ARB broad authority to adopt regulations to  
             reduce GHGs, including methane.

             As noted, through AB 32's cap-and-trade program, offset  
             generated from dairy digesters can be purchased by entities  
             to fulfill their compliance obligation.  

             Also pursuant to authority under AB 32, ARB adopted the Low  
             Carbon Fuel Standard which requires a 10% reduction in carbon  
             intensity of transportation fuels in California by 2020.   
             Biogas, or biomethane, produced renewably already meets the  
             10% carbon intensity reduction, and therefore generates LCFS  
             credits under the program.  These credits can be sold through  
             the LCFS market to fuel supplies that do not meet the carbon  
             intensity target.  In this way, LCFS provides an incentive to  
             develop the renewable gas market.

             And finally, the RPS also includes biomethane as an eligible  
             renewable resource for electricity generation, and, if the  
             gas meets certain requirements, it qualifies for the most  
             valuable procurement category, or "bucket one."  As utilities  
             are required to serve 33% of their retail sales with  
             renewable energy by 2020, with 75% of that coming from the  
             "bucket one" category, demand for biomethane generated  
             in-state will most likely continue to increase.

             Additionally, two measures being heard by this committee  
             today, including SB 350 (De León), which would codify  
             ambitious 2030 goals for petroleum use, RPS procurement, and  
             energy efficiency, as well as SB 32 (Pavley), which sets a  
             GHG emissions reduction target of 80% below 1990 levels by  
             2050, if enacted, will also change the state's greenhouse gas  
             emissions and clean energy landscape.  

             Driving the market for renewable gas in California, as SB 687  
             intends to do, could provide significant GHG emission  








          SB 687 (Allen)                                          Page 16  
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             reductions, and help the state make important strides toward  
             a statewide 75% waste diversion goal.  However, the bill  
             would also add an additional level of complexity to the  
             state's GHG emission reduction measures and clean energy  
             portfolio, and it is worth considering how this bill fits  
             with already established programs affecting renewable gas, as  
             well as additional GHG emission reduction and clean energy  
             proposals currently before the Legislature.  
            
          SOURCE:                    Bioenergy Association of California  

           SUPPORT:               
          Alternative Fuels Advocates, LLC
          American Biogas Council
          Anaergia
          Biosynthetic Technologies, Inc.
          California Association of Sanitation Agencies 
          Calysta
          City Of Fresno
          Clean Energy and Clean Energy Renewable Fuels
          County of Sanitation Districts of Los Angeles County
          CR&R
          East Bay Municipal Utility District
          Eisenmann Corporation
          Harvest Power, Inc.
          Hitachi Zosen Inova U.S.A. LLC
          Los Angeles County Board of Supervisors
          Organic Waste Systems
          Phoenix Energy
          TSS Consultants
          UPS
          Waste Management
           
           OPPOSITION:   
          Agricultural Council of California
          Agricultural Energy Consumers Association
          California Cotton Ginners and Growers Association
          California Farm Bureau Federation
          California Fresh Fruit Association
          California Municipal Utilities Association 
          California Poultry Federation
          Foster Farms
          Milk Producers Council
          Pacific Gas and Electric Company








          SB 687 (Allen)                                          Page 17  
          of ?
          
          
          Western Agricultural Processors Association
          Western Growers
           
           ARGUMENTS IN SUPPORT:    

          Supporters state that SB 687 will help California diversify and  
          decarbonize its gas supply, and that the RGS will produce  
          thousands of clean energy jobs, improve air and water quality,  
          reduce landfilling, cut the risk of catastrophic wildfires, as  
          well as help the state reduce its heavy dependence on out of  
          state natural gas which costs the state billions of dollars each  
          year. 
          
          ARGUMENTS IN OPPOSITION:    

          Opponents state that SB 687's new mandate could significantly  
          increase costs, has considerable technological challenges, may  
          not treat all sellers equally, and may not be the most efficient  
          way to achieve the state's objectives.  The Agricultural Energy  
          Consumers Association (AECA) also states that not all biogas  
          can, or should be placed in the state natural gas pipeline  
          system, and that the highest and best use of biogas is  
          transportation.  The AECA also states that there are still  
          significant barriers to biomethane production, and that SB 687  
          does nothing to address these barriers.
           
           DOUBLE REFERRAL:
          
          This measure was heard in Senate Energy, Utilities and  
          Communications Committee on April 7, 2015, and passed out of  
          committee with a vote of 7-3.

                                          
                                      -- END -