BILL ANALYSIS
AB 1351
Page 1
Date of Hearing: April 13, 2009
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Felipe Fuentes, Chair
AB 1351 (Blakeslee) - As Amended: April 13, 2009
SUBJECT : Renewable Energy Resources.
SUMMARY : Allows for incremental increases in electricity
production from hydroelectric facilities to count toward a
retail seller's Renewable Portfolio Standard (RPS) obligation if
the hydroelectric facilities are certified by the appropriate
state agency instead of the State Water Resources Control Board
(Water Board).
EXISTING LAW :
1)Requires investor-owned utilities (IOUs) and other retail
sellers to meet the California RPS by procuring at least 20%
of electricity delivered to their retail customers from
eligible renewable resources by 2010.
2)Defines eligible renewable resources technologies to include
biomass, solar thermal, photovoltaic, wind, geothermal, fuel
cells using renewable fuels, small hydroelectric (30 megawatts
((MW) or less), digester gas, municipal solid waste
conversion, landfill gas, ocean wave, ocean thermal, and tidal
current.
3)Allows an incremental increase in the amount of electricity
produced at a hydroelectric facility to count toward an RPS
obligation if the increase is the result of efficiency
improvements to the facility and the facility has received
certification from the Water Board.
FISCAL EFFECT : Unknown.
COMMENTS : According to the author, the purpose of this bill is
to remedy a drafting error from AB 809 (Blakeslee), Chapter 684,
Statute of 2007. AB 1351 clarifies that the Clean Water Act
certification, which is required under AB 804, does not have to
come specifically from the Water Board, but can come from the
state agency authorized to certify under the Clean Water Act.
Background : In 2007, the Legislature approved AB 809, which
AB 1351
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allowed for incremental increase in electricity production that
resulted from efficiency improvements at hydroelectric
facilities to count toward a retail seller's RPS obligation if
the improvements met specified environmental standards. The
hydroelectric facility also has to be certified by the Water
Board under the Federal Clean Water Act. At the time AB 809 was
moving through the Legislature, the multi-jurisdictional
utilities that served electric customers in multiple states
noted that by requiring certification by a California agency it
prohibited them from counting improvements to their own
hydroelectric facilities located outside of California. This
bill corrects that problem by eliminating the specific reference
to the Water Board and instead allowing for certification by the
appropriate state agency.
REGISTERED SUPPORT / OPPOSITION :
Support
Pacific Power
Sierra Pacific Power Company
Opposition
None on file.
Analysis Prepared by : Edward Randolph / U. & C. / (916)
319-2083