BILL NUMBER: AB 2378	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Tran

                        FEBRUARY 19, 2010

   An act to amend Section 25741 to the Public Resources Code,
relating to energy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2378, as introduced, Tran. Energy: renewable energy program.
   Existing law establishes the renewable energy resources program
that is administered by the State Energy Resources Conservation and
Development Commission to increase the amount of electricity
generated from eligible renewable energy resources per year. Existing
law defines various terms for the purposes of the program.
   This bill would define "dual renewable energy device" for the
purposes of the program.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25741 of the Public Resources Code is amended
to read:
   25741.  As used in this chapter, the following terms have the
following meaning:
   (a) "Delivered" and "delivery" mean the electricity output of an
in-state renewable electricity generation facility that is used to
serve end-use retail customers located within the state. Subject to
verification by the accounting system established by the commission
pursuant to subdivision (b) of Section 399.13 of the Public Utilities
Code, electricity shall be deemed delivered if it is either
generated at a location within the state, or is scheduled for
consumption by California end-use retail customers. Subject to
criteria adopted by the commission, electricity generated by an
eligible renewable energy resource may be considered "delivered"
regardless of whether the electricity is generated at a different
time from consumption by a California end-use customer. 
   (b) "Dual renewable energy device" means a device that utilizes
two different renewable energy generating technologies in the same
device where neither renewable generating technology produces less
than 20 percent of the total energy production by the device. 

   (b) 
    (c)  "In-state renewable electricity generation facility"
means a facility that meets all of the following criteria:
   (1) The facility uses biomass, solar thermal, photovoltaic, wind,
geothermal, fuel cells using renewable fuels, small hydroelectric
generation of 30 megawatts or less, digester gas, municipal solid
waste conversion, landfill gas, ocean wave, ocean thermal, or tidal
current, and any additions or enhancements to the facility using that
technology.
   (2) The facility satisfies one of the following requirements:
   (A) The facility is located in the state or near the border of the
state with the first point of connection to the transmission network
within this state and electricity produced by the facility is
delivered to an in-state location.
   (B) The facility has its first point of interconnection to the
transmission network outside the state and satisfies all of the
following requirements:
   (i) It is connected to the transmission network within the Western
Electricity Coordinating Council (WECC) service territory.
   (ii) It commences initial commercial operation after January 1,
2005.
   (iii) Electricity produced by the facility is delivered to an
in-state location.
   (iv) It will not cause or contribute to any violation of a
California environmental quality standard or requirement.
   (v) If the facility is outside of the United States, it is
developed and operated in a manner that is as protective of the
environment as a similar facility located in the state.
   (vi) It participates in the accounting system to verify compliance
with the renewables portfolio standard by retail sellers, once
established by the Energy Commission pursuant to subdivision (b) of
Section 399.13 of the Public Utilities Code.
   (C) The facility meets the requirements of clauses (i), (iii),
(iv), (v), and (vi) in subparagraph (B), but does not meet the
requirements of clause (ii)  in subparagraph (B)  because it
commences initial operation prior to January 1, 2005, if the
facility satisfies either of the following requirements:
   (i) The electricity is from incremental generation resulting from
expansion or repowering of the facility.
   (ii) The facility has been part of the existing baseline of
eligible renewable energy resources of a retail seller established
pursuant to paragraph (2) of subdivision (b) of Section 399.15 of the
Public Utilities Code or has been part of the existing baseline of
eligible renewable energy resources of a local publicly owned
electric utility established pursuant to Section 387 of the Public
Utilities Code.
   (3) For  the  purposes of this subdivision,
"solid waste conversion" means a technology that uses a noncombustion
thermal process to convert solid waste to a clean-burning fuel for
the purpose of generating electricity, and that meets all of the
following criteria:
   (A) The technology does not use air or oxygen in the conversion
process, except ambient air to maintain temperature control.
   (B) The technology produces no discharges of air contaminants or
emissions, including greenhouse gases as defined in Section 38505 of
the Health and Safety Code.
   (C) The technology produces no discharges to surface  waters
 or groundwaters of the state.
   (D) The technology produces no hazardous wastes.
   (E) To the maximum extent feasible, the technology removes all
recyclable materials and marketable green waste compostable materials
from the solid waste stream prior to the conversion process and the
owner or operator of the facility certifies that those materials will
be recycled or composted.
   (F) The facility at which the technology is used is in compliance
with all applicable laws, regulations, and ordinances.
   (G) The technology meets any other conditions established by the
commission.
   (H) The facility certifies that any local agency sending solid
waste to the facility diverted at least 30 percent of all solid waste
it collects through solid waste reduction, recycling, and
composting. For purposes of this paragraph, "local agency" means any
city, county, or special district, or subdivision thereof, which is
authorized to provide solid waste handling services. 
   (c) 
    (d)  "Procurement entity" means any person or
corporation that enters into an agreement with a retail seller to
procure eligible renewable energy resources pursuant to subdivision
(f) of Section 399.14 of the Public Utilities Code. 
   (d) 
    (e)  "Renewable energy public goods charge" means that
portion of the nonbypassable system benefits charge authorized to be
collected and to be transferred to the Renewable Resource Trust Fund
pursuant to the Reliable Electric Service Investments Act (Article 15
(commencing with Section 399) of Chapter 2.3 of Part 1 of Division 1
of the Public Utilities Code). 
   (e) 
    (f)  "Report" means the report entitled "Investing in
Renewable Electricity Generation in California" (June 2001,
Publication Number P500-00-022) submitted to the Governor and the
Legislature by the commission. 
   (f) 
    (g)  "Retail seller" means a "retail seller" as defined
in Section 399.12 of the Public Utilities Code.