BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1351|
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THIRD READING
Bill No: AB 1351
Author: Blakeslee (R)
Amended: 7/23/09 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 7-0, 7/13/09
AYES: Simitian, Runner, Ashburn, Corbett, Hancock,
Lowenthal, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 5/28/09 (Consent) - See last page
for vote
SUBJECT : Renewable energy resources
SOURCE : Author
DIGEST : This bill, for a hydroelectric general facility
that is not located in California, authorizes the
applicable state board, agency, or regional board having
that authority, to issue the certification for the facility
pursuant to the federal Clean Water Act. This bill adds a
requirement that the facility be owned by a retail seller
or local publicly owned electric utility.
ANALYSIS : Current law requires retail sellers of
electricity to meet 20 percent of sales from eligible
renewable resources by December 31, 2010, the definition of
which includes hydroelectric generation less than 30
CONTINUED
AB 1351
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megawatts (MW), conduit hydroelectric and incremental
generation from efficiency improvements in any
hydroelectric facility.
This bill counts as Renewables Portfolio Standard (RPS)
eligible incremental generation from efficiency
improvements in hydroelectric facilities that are located
out of state but serve customers in state by out of state
investor-owned utilities (IOUs).
Background
With exceptions for eligible efficiency improvements, an
RPS-eligible small hydroelectric facility or conduit
hydroelectric facility must not exceed 30 MW. However, the
law allows such a facility to retain its RPS eligibility if
efficiency improvements cause the facility to exceed 30 MW.
The Energy Commission interprets the 30 MW size limit such
that if a 30 MW small hydroelectric or conduit
hydroelectric facility had an eligible 5 MW energy
efficiency increase, energy from the 35 MW capacity would
be RPS eligible. Energy efficiency improvements in large
hydroelectric facilities are also eligible even though the
original large hydroelectric generation is not. For
example, a 300 MW facility would not be RPS eligible but if
efficiency improvements were made to the facility to bring
the capacity up to 320 MW then the 20 MW difference would
be RPS eligible. All facilities are required to get
certification from the State Water Resources Control Board
(SWRCB).
Comments
Problem addressed . Legislation adopted in prior years
which counted as RPS eligible efficiency improvements in
small, small conduit or large hydroelectric facilities did
not address the case of facilities located out of state
which serve California customers by an out of state IOU.
Current law requires certification by SWRCB which has no
jurisdiction over an out-of-state hydroelectric facility.
This bill allows that certification to be accomplished by
the state agency or board of the state in which the
facility is located or the agency designated by the federal
Clean Water Act.
AB 1351
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/18/09)
Pacific Power
Sierra Pacific Power Company
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,
Bonnie Lowenthal, Ma, Miller, Monning, Nava, Niello,
Nielsen, John A. Perez, V. Manuel Perez, Portantino,
Price, Ruskin, Salas, Saldana, Silva, Skinner, Smyth,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Duvall, Evans, Mendoza, Nestande
DLW:mw 8/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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