BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1425|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  SB 1425
          Author:   Pavley (D) 
          Amended:  3/28/16  
          Vote:     21 

           SENATE ENVIRONMENTAL QUALITY COMMITTEE:  5-0, 4/6/16
           AYES:  Wieckowski, Bates, Hill, Leno, Pavley
           NO VOTE RECORDED:  Gaines, Jackson

          SENATE APPROPRIATIONS COMMITTEE:  6-1, 5/27/16
          AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza
          NOES:  Nielsen 

           SUBJECT:   Water-energy nexus registry


          SOURCE:    Author


          DIGEST:  This bill requires the California Air Resources Board  
          (ARB), in consultation with relevant state agencies and The  
          California Climate Action Registry, to develop a registry of  
          greenhouse gas (GHG) emissions resulting from the water-energy  
          nexus.


          ANALYSIS:   Existing law, under the California Global Warming  
          Solutions Act of 2006 (also known as AB 32) (Health and Safety  
          Code §38500 et seq.): 

          1)Requires ARB to determine the 1990 GHG emissions level and  
            approve a statewide GHG emissions limit that is equivalent to  
            that level, to be achieved by 2020.

          2)Requires ARB to adopt, before January 1, 2008, regulations to  








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            require the reporting and verification of statewide greenhouse  
            gas emissions and requires those regulations, where  
            appropriate and to the maximum extent feasible, incorporate  
            the standards and protocols developed by the California  
            Climate Action Registry.

          3)Specifies that entities that voluntarily participated in the  
            California Climate Action Registry prior to December 31, 2006,  
            and have developed a greenhouse gas emissions reporting  
            program, are not required to significantly alter their  
            reporting or verification program, except as necessary to  
            ensure complete and accurate reporting.

          This bill:  

          1) Includes intent language pertaining to the nexus between  
             water, energy, and GHG emissions reductions.

          2) Requires ARB, in consultation with other relevant state  
             agencies, and the Climate Registry, to develop and administer  
             a registry of GHG emissions resulting from the water-energy  
             nexus using the best available data.

          3) Specifies that registry participation is voluntary and open  
             to any entity conducting business in the state.

          4) Authorizes a participating entity to register its emissions,  
             including emissions generated outside of the state, on an  
             entity-wide basis, and to utilize the services of the  
             registry.

          5) Requires ARB, in administering the registry, to do the  
             following:

             a)    Help participating entities establish emissions  
                baselines.

             b)    Encourage voluntary actions to increase water and  
                energy efficiency measures.

             c)    Enable participating entities to record voluntary  
                entity-wide GHG emissions reductions made after 1990 in a  








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                consistent format, and that is supported by third-party  
                verification.

             d)    Ensure that sources receive appropriate consideration  
                for entity-level verified emissions reductions under  
                potential future regulatory regimes or qualification for  
                financing opportunities related to GHG emissions.

             e)    Recognize, publicize, and promote participating  
                entities making voluntary reductions of GHG emissions. 

             f)    Recruit participation in the registry from all economic  
                sectors and regions of the state. 


          Background
          
          1) The Climate Registry.  SB 1771 (Sher, Chapter 1018, Statutes  
             of 2000) required the Secretary of the Resources Agency to  
             establish the California Climate Action Registry as a public  
             benefit nonprofit corporation that would record and register  
             voluntary greenhouse gas emission reductions made by  
             California entities after 1990.  The bill required the  
             registry to perform various functions, including adopting  
             standards for verifying emissions reductions, adopting a list  
             of approved auditors that would verify emissions reductions,  
             establishing emissions reduction goals, designing and  
             implementing efficiency improvement plans, maintaining a  
             record of all emissions baselines and reductions, and  
             recognizing, publicizing, and promoting entities that  
             participate in the registry. SB 1771 established a governing  
             board for the registry made up of the Secretary of the  
             Resources Agency, the Secretary of Environmental Protection,  
             and five public members appointed by the Governor.

             The California Climate Action Registry closed in December  
             2010. The Climate Registry formed as the successor agency to  
             the California Climate Action Registry. The Climate Registry  
             is a nonprofit organization, whose board of directors  
             comprises over 50 representatives from U.S. states and  
             Canadian provinces and territories.  The Climate Registry  
             offers tools and services for organizations to measure,  








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             verify and report the carbon in their operations. 

          2) Water, energy use, and GHGs.  According to the California  
             Energy Resources Conservation and Development Commission  
             (CEC), water-related energy use in California consumes  
             approximately 20% of the state's electricity and 30% of the  
             state's non-power plant natural gas (natural gas not used to  
             produce electricity).  The water sector uses electricity to  
             pump, treat, transport, deliver, and heat water.  The CEC  
             also found that the most energy-intensive uses of water in  
             California are associated with end uses by the customer  
             (e.g., heating, processing, and pressurizing water), and 75%  
             of the electricity and nearly all of the natural gas use  
             related to water in California is associated with water  
             heating.  Additionally, expected increases in groundwater  
             pumping, water treatment, and water recycling, due to drought  
             conditions in the state, mean the energy intensity of water  
             will likely increase.

             State law requires electric utilities to disclose the sources  
             of the electricity they sell. However, this requirement does  
             not extend to water utilities that are not retail electricity  
             providers. An April 2015 report from the Union of Concerned  
             Scientists titled, Clean Energy Opportunities in California's  
             Water Sector, reports that although some water and wastewater  
             utilities independently report the sources of their  
             electricity, the information is not compiled in a  
             standardized format or updated on a regular schedule across  
             the water sector. 

             Because of this data gap, the report states that it is  
             difficult to get a clear picture of the amount and type of  
             electricity California's water and wastewater utilities rely  
             on and that this information gap makes it difficult to  
             understand how the water sector's electricity choices impact  
             global warming emissions and the state's efforts to  
             decarbonize the electricity sector.


          Comments
          
          1) Purpose of Bill.  According to the author, "Energy and water  








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             are intricately connected, and there is an enormous amount of  
             energy embedded in our water supply - from the collection,  
             production, transport, treatment and delivery of water; to  
             the direct consumption of water; to the collection,  
             treatment, and disposal or reuse of wastewater.  Nearly 20  
             percent of California's energy supply is used to move, heat,  
             and treat water.

             "While some of the water-energy related climate pollution is  
             already covered in the state's cap-and-trade program (via the  
             electricity generation sector), the state does not currently  
             have a clear accounting of the total greenhouse gas emissions  
             associated with the water system.  Thus, water suppliers,  
             treaters, distributors and end users currently lack the  
             information and opportunity to do their part in voluntarily  
             advancing our climate and water conservation goals.  

             "SB 1425 establishes a voluntary emissions repository for  
             projects that reduce the carbon intensity of California's  
             water system.  This new registry will allow for entities such  
             as water agencies, large water consumers, businesses and  
             others to voluntarily track, measure, and baseline their  
             greenhouse gas emissions resulting from the water-energy  
             nexus."

          2) Based on the California Climate Action Registry. The  
             California Climate Action Registry established by SB 1771  
             (Sher) was required to, among other things: a) help various  
             entities in the state to establish emissions baselines; b)  
             encourage voluntary actions to increase energy efficiency and  
             reduce GHG emissions; c) enable participating entities to  
             record voluntary GHG emissions reductions made after 1990 in  
             a consistent format that is supported by third-party  
             verification; d) ensure that sources in the state receive  
             appropriate consideration for verified emissions reductions  
             under any future federal regulatory regime relating to  
             greenhouse gas emissions; e) recognize, publicize, and  
             promote registrants making voluntary reductions; and f)  
             recruit broad participation in the process from all economic  
             sectors and regions of the state. 

             SB 1425 requires ARB to essentially perform those same six  








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             functions in administering the water-energy nexus registry. 


          Related/Prior Legislation


          SB 471 (Pavley, 2015) would have required ARB, in cooperation  
          with other state agencies, to develop a GHG emissions inventory  
          from the water system in the state.  SB 471 was later amended to  
          establish a grant and loan program for water projects that  
          result in the net reduction of GHG emissions. SB 471 was held on  
          the Assembly Appropriations suspense file.





          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No





          According to the Senate Appropriations Committee:



           One-time cost of $475,000 (Cost of Implementation Fee) for  
            programming costs to develop the electronic registry platform.  


           Ongoing costs, likely in the range of $2 to $3 million (Cost  
            of Implementation Fee), to administer the program.


          SUPPORT:   (Verified5/27/16)


          California League of Conservation Voters
          Clean Water Action
          Environment California








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          Environmental Entrepreneurs 
          Lutheran Office of Public Policy, California
          Mono Lake Committee
          Sonoma County Water Agency 
          The Climate Registry
          Tree People
          Union of Concerned Scientists
          U.S. Green Building Council, California Chapter
          Wholly H20


          OPPOSITION:   (Verified5/27/16)


          None received


          Prepared by:Rebecca Newhouse / E.Q. / (916) 651-4108
          5/28/16 16:46:14


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