BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2378|
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                                 THIRD READING


          Bill No:  AB 2378
          Author:   Tran (R)
          Amended:  5/11/10 in Assembly
          Vote:     21

           
           SENATE ENERGY, U.&C. COMMITTEE  :  7-2, 6/15/10
          AYES:  Padilla, Dutton, Corbett, Florez, Simitian,  
            Strickland, Wright
          NOES:  Kehoe, Lowenthal
          NO VOTE RECORDED:  Cox, Oropeza

           ASSEMBLY FLOOR  :  69-0, 5/13/10 - See last page for vote


           SUBJECT  :    Energy:  renewable energy program

           SOURCE  :     STS Ventures, LLC


           DIGEST  :    This bill includes any combination of the  
          renewable resources to qualify as an eligible renewable  
          energy device under the California Energy Commissions  
          Renewables Program and for Renewable Portfolio Standard  
          compliance.

           ANALYSIS  :    Existing law requires investor-owned utilities  
          (IOUs) and energy service providers (ESPs) to increase  
          existing purchases of renewable energy by one percent of  
          sales per year such that 20 percent of retail sales, as  
          measured by usage, are procured from eligible renewable  
          resources by December 31, 2010.  This is known as the  
          Renewable Portfolio Standard (RPS).  Existing law defines  
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          as RPS eligible, electric generation resources biomass,  
          solar thermal, photovoltaic, wind, geothermal, fuel cells  
          using renewable fuels, small hydroelectric generation of 30  
          megawatts or less, digester gas, landfill gas, ocean wave,  
          ocean thermal, tidal current, and municipal solid waste  
          conversion that uses a noncombustion thermal process to  
          convert solid waste to a clean-burning fuel.  Existing law  
          authorizes the California Energy Commission (CEC) to  
          provide funding in the form of production incentives for  
          eligible renewable generation facilities for each kilowatt  
          hour of eligible electricity generated.

          This bill expands the definition of eligible renewable  
          resources to include any combination of the currently  
          eligible renewable resource technologies.

           Background
           
          RPS Progress - California's three large IOUs collectively  
          served 15 percent of 2009 retail electricity sales with  
          renewable power.  The IOUs, which provide service to about  
          three-fourths of California utility customers, report the  
          following individual RPS percentages: 

               Pacific Gas and Electric (PG&E)14.4 percent
               Southern California Edison (SCE)17.4 percent
               San Diego Gas & Electric (SDG&E) 10.5 percent

          In the last two years the RPS program started to show  
          significant gains.  In 2008 more renewable generation came  
          on line than in the entire 2003 - 2007 time period (692  
          MW).  Calendar year 2009 broke the 2008 record with more  
          than 1,000 MW coming on line.  Since the RPS statute took  
          affect in 2003, almost 1,600 MW of renewable capacity has  
          come online. 

          The generation mix also improved in 2009.  New capacity in  
          2008 was almost entirely from wind and a good portion of  
          that was from out of state.  In 2009, 71 percent of new  
          capacity was from in-state sources and included a mix of  
          biomass, biogas, geothermal, solar PV, small hydro, and  
          wind.

          Bids received by the IOUs for new generation also hit a  

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          record in 2009 bringing in potential contracts for more  
          than half of the generation needed to meet a 33 percent  
          target in 2020.  The IOUs have now contracted for more than  
          12,000 MW of renewable generation.  To put this in context  
          the statewide demand in a typical January is 25,000 to  
          30,000 MW.  A July heat storm would drive that number up  
          over 50,000 MW.

          The state's local publicly owned utilities report renewable  
          progress ranging from 1.7 percent to 61.2 percent.   
          Compliance data for 2009 recently submitted to this  
          committee collectively shows:

               Northern California Power Authority20 percent
               Sacramento Municipal Utility District21 percent
               L.A. Department of Water & Power14 percent
               Southern California Power Authority2 percent - 20  
               percent

           Comments
           
          According to the author's office, "existing law is silent  
          on the use of multiple renewable energy devices.   
          Therefore, existing subsidies for renewable energy projects  
          are silent on multiple energy devices, and the California  
          Energy Commission has been conservative insofar as which  
          devices qualify for these rebates.  There is no current  
          definition for a multiple renewable energy device, and the  
          traditional stringent application of existing standards  
          strongly suggests against multiple technology devices  
          qualifying.  Therefore, absent the codification of a  
          definition, it is expected that current programs would  
          exclude such devices."

           Related Legislation
           
          The following bills have been introduced in 2010 which  
          affect the RPS program: 

          SB 722 (Simitian) increases the RPS mandate to 33 percent  
          by 2020 and makes other program changes.  On Assembly  
          Floor; pending re-referral to policy committee.

          SB 1247 (Dutton) expands the definition of eligible  

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          renewable resources to include all hydroelectric, nuclear  
          and municipal solid waste conversion technologies.  In  
          Senate Committee on Energy, Utilities & Communications.

          SB 1367 (Wyland) extends the RPS compliance timeline to 20  
          percent by 2020.  Died in Senate Committee on Energy,  
          Utilities & Communications.

          AB 1954 (Skinner) modifies the de minimus standard for the  
          use of fossil fueled sources to assist RPS generation and  
          addresses back-stop cost recovery of renewable transmission  
          facilities.  In Senate Committee on Energy, Utilities &  
          Communications.

          AB 2514 (Skinner) requires the adoption of energy storage  
          procurement targets.  In Senate Committee on Energy,  
          Utilities & Communications.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  6/16/10)

          STS Ventures, LLC (source) 


           ASSEMBLY FLOOR  :  
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Blakeslee, Block, Blumenfield, Bradford,  
            Brownley, Buchanan, 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, Hall,  
            Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,  
            Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,  
            Mendoza, Miller, Monning, Nestande, Niello, Nielsen, V.  
            Manuel Perez, Portantino, Ruskin, Salas, Silva, Smyth,  
            Solorio, Audra Strickland, Swanson, Torlakson, Torres,  
            Torrico, Tran, Villines, Yamada
          NO VOTE RECORDED:  Tom Berryhill, Caballero, Evans, Hagman,  
            Ma, Nava, Norby, Saldana, Skinner, John A. Perez 


          DLW:nl  6/16/10   Senate Floor Analyses 

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                         SUPPORT/OPPOSITION:  SEE ABOVE

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