BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2390
                                                                  Page 1

          Date of Hearing:  April 16, 2012

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                   AB 2390 (Chesbro) - As Amended:  March 29, 2012
           
          SUBJECT  :  Electricity:  biomass:  incentive programs

           SUMMARY  :  Requires the California Energy Commission (CEC) to 
          provide incentives to producers and collectors of biomass 
          material associated with forest fuel reduction and fire 
          prevention activities.

           THIS BILL  :

          1)Defines "community scale biomass facilities" as a biomass 
            electric generation facility under three megawatts located in, 
            and that uses as a fuel source only forest biomass materials 
            from, an area identified as high or medium-priority landscapes 
            at risk of wildfire.

          2)Defines "eligible biomass facility" as a biomass electric 
            generation facility that uses as a fuel source forest biomass 
            materials from an area identified as high or medium-priority 
            landscapes at risk of wildfire.

          3)Requires the CEC, in consultation with CalFire, to establish 
            an incentive program to compensate producers and collectors of 
            biomass material associated with forest fuel reduction and 
            fire prevention activities which is delivered to eligible 
            biomass facilities for use as a fuel source.

          4)Requires the CEC to encourage the maximum amount of hazardous 
            forest fuels removal.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :

           1)Background.   This bill directs the CEC to establish an 
            incentive program to compensate producers and collectors of 
            biomass material related to forest fuel reduction and fire 
            prevention activities delivered to eligible biomass 
            facilities.  According the sponsor, Independent Energy 
            Producers:








                                                                  AB 2390
                                                                  Page 2


               a)     Combined fire suppression and restoration costs 
                 (CALFIRE, USFS, BLM) have averaged (over 5 years) $1.2 
                 Billion a year.

               b)     Downed power lines comprise one significant ignition 
                 source of these fires causing ratepayer/utility exposure 
                 to litigation costs, utility equipment replacement costs 
                 and increased insurance premiums.

               c)     Vegetation management in High and Medium Priority 
                 Landscapes can reduce fire occurrence and impacts, as 
                 well as ratepayer exposure to these costs.

               d)     Biomass generation can use this waste material in 
                 RPS-certified facilities. However, the costs of handling 
                 biomass fuels can be substantial. Adding an economic 
                 value to removing this waste can reduce the costs of 
                 vegetation management, provide renewable energy fuel and 
                 provide local economic development in rural areas.

               e)     Existing funding from the Energy Programs Investment 
                 Charge (EPIC, the successor to the Public Goods Charge 
                 adopted by the PUC) could be used to fund this program. 
                 This will require no rate increase to utility customers.  


           2)Opposition.   Southern California Edison opposes this bill on 
            the basis that it is a "technology specific carve-out," 
            creating a subsidy for biomass material and giving an unfair 
            advantage to biomass generators relative to other renewable 
            technologies.  Additionally, the bill does not specify a 
            funding source.

           3)Funding source needed.   As Edison points out, this bill needs 
            funding source.  A logical source of funds to support biomass 
            fuel collection to produce additional renewable energy and 
            associated benefits is the renewable energy program funded by 
            the EPIC charge adopted by the PUC in December as a successor 
            to the Public Goods Charge.  The PUC has proposed using EPIC 
            funds to support a CEC-administered renewable energy program, 
            with a specific program dedicated to support bioenergy, which 
            appears to be fully consistent with this bill.  
                
           4)Assuring responsible harvesting.   Consistent with the author's 








                                                                 AB 2390
                                                                  Page 3

            intent, the bill should include language to assure that 
            biomass fuel production and collection activities are 
            conducted according to responsible forestry practices and 
            respect the preferences of public land managers and private 
            land owners.  
                
           5)Linkage to new community-scale biomass facilities?   The bill 
            defines "community-scale biomass facilities" but provides no 
            linkage to the incentive program, which speaks only in general 
            to eligible biomass facilities, which would include existing, 
            larger-scale facilities which are fueled by a combination of 
            forest, agricultural and municipal waste material.  If the 
            incentive program established by the bill is intended to 
            support new community-scale biomass facilities, their role 
            needs to be articulated.  
           
           REGISTERED SUPPORT / OPPOSITION  : 

           Support 
           
          Independent Energy Producers (sponsor)
          California Biomass Energy Alliance
          Placer County Air Pollution Control District
          Regional Council of Rural Counties
          Sierra Pacific Industries
          Trinity Public Utilities District

           Opposition 
           
          Southern California Edison
           

          Analysis Prepared by  :  Lawrence Lingbloom / NAT. RES. / (916) 
          319-2092