BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1425|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 1425
          Author:   Pavley (D) 
          Amended:  8/19/16  
          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

           SENATE FLOOR:  26-11, 5/31/16
           AYES:  Allen, Bates, Beall, Block, De León, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara,  
            Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Pan,  
            Pavley, Roth, Wieckowski, Wolk
           NOES:  Anderson, Berryhill, Fuller, Gaines, Huff, Moorlach,  
            Morrell, Nguyen, Nielsen, Stone, Vidak
           NO VOTE RECORDED:  Cannella, Galgiani, Runner

           ASSEMBLY FLOOR:  53-22, 8/24/16 - See last page for vote
           
           SUBJECT:   Water-energy nexus registry


          SOURCE:    Author


          DIGEST:  This bill requires the California Environmental  
          Protection Agency (CalEPA) to develop and administer a registry  
          of greenhouse gas (GHG) emissions resulting from the  
          water-energy nexus using the best available data.  









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          Assembly Amendments remove intent language, require CalEPA  
          instead of the California Air Resources Board (ARB), to oversee  
          development of the registry, authorizes CalEPA to enter into a  
          contract with a qualified nonprofit organization to develop the  
          registry, and provide that entities participating in the  
          registry may qualify for GHG emission reduction financing  
          opportunities.


          ANALYSIS:
          
          Existing law:

          1)Enacts the California Global Warming Solutions Act of 2006   
            (Health and Safety Code §38500 et seq.), which:  

             a)   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.

             b)   Requires ARB to adopt, before January 1, 2008,  
               regulations to 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.

             c)   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.

          2)Requires moneys from the Greenhouse Gas Reduction Fund (GGRF)  
            be used to facilitate the achievement of reductions of GHG  
            emissions in this state consistent with the California Global  
            Warming Solutions Act of 2006 , and authorizes the use of GGRF  
            monies for, among other things, funding to reduce GHG  
            emissions associated with water use and supply.  (HSC §39712) 









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          This bill:  

          1)Requires CalEPA to oversee the development of a registry for  
            GHG emissions that result from the water-energy nexus using  
            the best-available data. 


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


          3)Authorizes a participating entity to register its emissions,  
            including emissions generated outside the state, or an  
            entity-wide basis and to use the services of the Registry. 


          4)Provides that CalEPA may enter into a contract with a  
            qualified nonprofit to develop, in consultation with CalEPA  
            and other state agencies, the registry through a public  
            stakeholder process and do all of the following: 


             a)   Help participating entities establish emissions  
               baselines; 


             b)   Encourage voluntary actions to increase water and energy  
               efficiency measures to reduce the carbon intensity of the  
               state's water system; 


             c)   Enable participating entities to record voluntary  
               entity-wide GHG emissions reductions in a consistent format  
               that is supported by third-party verification; 


             d)   Recognize, publicize, and promote participating entities  
               making voluntary reductions of GHG emissions; 


             e)   Recruit broad participation in the registry from all  
               economic sectors and regions in the state; and, 








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             f)   Facilitate streamlined data reporting for relevant  
               entities already reporting to the Climate Registry.  


          5)Provides that the contract with a qualified nonprofit  
            organization is limited to three years with the option for a  
            one-year extension.  


          6)Provides that entities participating in the registry may  
            qualify for GHG emission reduction incentives.




          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  








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             Canadian provinces and territories.  The Climate Registry  
             offers tools and services for organizations to measure,  
             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








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








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             SB 1425 contains similar requirements for the development and  
             administration of the water-energy nexus registry as were  
             required by SB 1771 (Sher), which originally established the  
             California Climate Action 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 Assembly Appropriations Committee, this bill  
          has annual ongoing costs of approximately $130,000 for CalEPA to  
          oversee the development of the registry (General Fund or special  
          fund).  CalEPA estimates annual contracting costs of $250,000  
          for three years or more (General Fund or special fund).  




          SUPPORT:   (Verified8/24/16)


          California League of Conservation Voters
          Clean Water Action
          Environment California
          Environmental Entrepreneurs (E2)
          Lutheran Office of Public Policy, California
          Mono Lake Committee
          Sonoma County Water Agency








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          The Climate Registry
          Tree People
          Union of Concerned Scientists
          US Green Building Council, California Chapter
          Wholly H2O


          OPPOSITION:   (Verified8/24/16)


          None received

           ASSEMBLY FLOOR:  53-22, 8/24/16
           AYES: Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta,  
            Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dodd, Eggman, Cristina Garcia, Eduardo  
            Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Hadley, Roger  
            Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low,  
            Maienschein, McCarty, Medina, Mullin, Nazarian, O'Donnell,  
            Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,  
            Thurmond, Ting, Weber, Wilk, Williams, Wood, Rendon
           NOES: Achadjian, Travis Allen, Bigelow, Brough, Chang, Chávez,  
            Beth Gaines, Gallagher, Grove, Harper, Jones, Lackey, Linder,  
            Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson,  
            Steinorth, Wagner, Waldron
           NO VOTE RECORDED: Dahle, Daly, Frazier, Gray, Kim




          Prepared by:Rebecca Newhouse / E.Q. / (916) 651-4108
          8/25/16 17:37:23


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