BILL NUMBER: AB 1350 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Blakeslee
FEBRUARY 27, 2009
An act to amend Section 44273 of the Health and Safety Code, and
to add Chapter 7.10 (commencing with Section 25698) to Division 15 of
the Public Resources Code, relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1350, as introduced, Blakeslee. Energy: sustainable biofuel
resource: voluntary certification.
Existing law establishes the Alternative and Renewable Fuel and
Vehicle Technology Program, which is administered by the Energy
Commission, for the purposes of developing and deploying innovative
technologies that transform California's fuel and vehicle types to
help attain the state's climate change policies. Existing law
establishes the Alternative and Renewable Fuel and Vehicle Technology
Fund and, upon appropriation, used for implementing the Alternative
and Renewable Fuel and Vehicle Technology Program.
This bill would require the Energy Commission, in collaboration
with specified entities, to establish a voluntary certification
program to establish environmental performance standards for a
biofuel qualifying as a California Sustainable Biofuel Resource. The
Energy Commission would be required to consider certain factors in
developing the performance standards. The bill would authorize moneys
from the fund, upon appropriation, be used by the Energy Commission
to implement the voluntary certification program. The bill would
authorize the Energy Commission to charge an entity seeking to
certify a biofuel under the program a fee to cover the Energy
Commission's administrative costs. The bill would require collected
fees to be deposited into the fund.
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. The Legislature finds and declares all of the
following:
(a) California's transportation sector is responsible for
approximately 40 percent of statewide greenhouse gas emissions and
over 50 percent of statewide criteria air pollution, resulting in a
significant degradation of public health and environmental quality.
(b) California's transportation sector is more than 95 percent
dependent on a single fuel source, petroleum, even though the United
States maintains less than 2 percent of the world's petroleum
reserves, leaving the state heavily dependent on foreign fossil fuel
resources.
(c) The development of biofuels can help mitigate climate change,
improve energy security, offset rising oil prices, and stimulate
rural economies.
(d) The term "biofuels" encompasses an array of feedstocks and
production processes, therefore each product must be assessed on its
own merits.
(e) While many biofuels can reduce greenhouse gas emissions with
de minimis negative impacts to the environment, and in some cases to
the increased health and productivity of the local environment, the
production of some biofuels can have detrimental environmental
consequences.
(f) As a world leader in the development of clean and renewable
energy resources, it is the intent of the Legislature to encourage
the sustainable development and production of biofuels.
SEC. 2. Section 44273 of the Health and Safety Code is amended to
read:
44273. (a) The Alternative and Renewable Fuel and Vehicle
Technology Fund is hereby created in the State Treasury, to be
administered by the commission. The moneys in the fund, upon
appropriation by the Legislature, shall be expended by the commission
to implement the Alternative and Renewable Fuel and Vehicle
Technology Program in accordance with this chapter and the
California Sustainable Biofuels Program in accordance with Chapter
7.10 (commencing with Section 25698) of Division 15 of the Public
Resources Code .
(b) Notwithstanding any other provision of law, the sum of ten
million dollars ($10,000,000) shall be transferred annually from the
Public Interest Research, Development, and Demonstration Fund created
by Section 384 of the Public Utilities Code to the Alternative and
Renewable Fuel and Vehicle Technology Fund. Prior to the award of any
funds from this source, the commission shall make a determination
that the proposed project will provide benefits to electric or
natural gas ratepayers based upon the commission's adopted criteria.
(c) Beginning with the integrated energy policy report adopted in
2011, and in the subsequent reports adopted thereafter, pursuant to
Section 25302 of the Public Resources Code, the commission shall
include an evaluation of research, development, and deployment
efforts funded by this chapter. The evaluation shall include all of
the following:
(1) A list of projects funded by the Alternative and Renewable
Fuel and Vehicle Technology Fund.
(2) The expected benefits of the projects in terms of air quality,
petroleum use reduction, greenhouse gas emissions reduction,
technology advancement, and progress towards achieving these
benefits.
(3) The overall contribution of the funded projects toward
promoting a transition to a diverse portfolio of clean, alternative
transportation fuels and reduced petroleum dependency in California.
(4) Key obstacles and challenges to meeting these goals identified
through funded projects.
(5) Recommendations for future actions.
SEC. 3. Chapter 7.10 (commencing with Section 25698) is added to
Division 15 of the Public Resources Code, to read:
CHAPTER 7.10. CALIFORNIA SUSTAINABLE BIOFUEL RESOURCE
25698. (a) The commission, in collaboration with the State Air
Resources Board, the Energy Biosciences Institute, and the California
Biomass Collaborative, shall establish a voluntary certification
program to establish environmental performance standards for a
biofuel qualifying as a California sustainable biofuel resource.
(b) In developing the environmental performance standards of
individual biofuel products, the commission shall establish
quantifiable metrics that accomplish the following:
(1) Maintain or improve soil quality and productivity that
includes encouraging cultivation on historically low biodiversity
value marginal land or abandoned land.
(2) Maintain or improve watershed that includes ensuring only
minimal increases in salinization and avoids depletion of water
resources.
(3) Ensure a positive net energy balance where the amount of
biofuel energy produced is 50 percent higher than the amount of
energy used to produce the biofuel product, as determined by a
life-cycle analysis.
25699. (a) The commission may charge an entity seeking to certify
a biofuel as a California sustainable biofuel resource a fee to
cover the commission's administrative cost of certifying the biofuel.
(b) Moneys collected pursuant to subdivision (a) shall be
deposited into the Alternative and Renewable Fuel and Vehicle
Technology Fund established pursuant to Section 44273 of the Health
and Safety Code.