BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2390
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          Date of Hearing:   April 23, 2012

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                               Steven Bradford, 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.  Specifically,  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 forest biomass materials as a 
            fuel source from an area identified as high or medium-priority 
            landscapes at risk of wildfire.

          3)Requires the CEC, in consultation with CalFire (the California 
            Department of Forestry and Fire Prevention), to establish an 
            incentive program to compensate producers and collectors of 
            biomass material delivered to eligible biomass facilities for 
            use as a fuel source when those materials are associated with 
            forest fuel reduction and fire prevention activities.

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

           EXISTING LAW  

          1)Requires investor owned utilities (IOUs), publicly owned 
            utilities (POUs), and retail sellers to meet the California 
            renewables portfolio standard (RPS).

          2)Requires all RPS-eligible facilities must be within the 
            Western Electricity Coordinating Council (WECC), Categories 1, 
            2 or 3.

          3)Establishes procurement category requirements for eligible 








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            generation and deadlines for reaching targets:

             Category 1  : Directly connected or scheduled to a California 
            Balancing Authority, at least:
             50% by 12/2013
             65% by 12/2016
             75% by 12/2020 and thereafter

             Category 2  : Must be located within the WECC transmission grid 
            and the electricity must be firmed and shaped with substitute 
            electricity to provide incremental electricity that is 
            scheduled into a California Balancing Authority, no minimum or 
            maximum.

             Category 3  : Unbundled renewable energy certificates, no more 
            than:
             25% by 12/2013
             15% by 12/2016
             10% by 12/2020 and thereafter

          4)Requires that facility counted toward RPS to have a first 
            point of interconnection to the transmission network outside 
            the state, within the WECC service area.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

          1)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.

            Combined fire suppression and restoration costs (CALFIRE, 
            United State Forest Service and the Bureau of Land Management) 
            have averaged (over 5 years) $1.2 Billion a year. 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. Vegetation management in High and Medium Priority 
            Landscapes can reduce fire occurrence and impacts, as well as 
            ratepayer exposure to these costs.

          2)Biomass generation can use this waste material in 
            RPS-certified facilities. However, the costs of handling 








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            biomass fuels can be substantial.  According to CALFIRE, "One 
            of the greatest challenges to developing bioenergy from woody 
            biomass is that current market-based pricing mechanisms for 
            electricity, transportation, and waste management do not fully 
            cover the cost to collect and transport biomass feedstock to 
            the site of utilization.  Pricing mechanisms have not 
            adequately monetized the nonmarket benefits to local 
            communities and the state described above." Adding an economic 
            value to removing this removing this waste can reduce the 
            costs of vegetation management, provide renewable energy fuel 
            and provide local economic development in rural areas.

            In April 2012 the Imperial Irrigation District signed a 
            contract with a facility to provide 45 Megawatts (MW) of 
            generation from a local biomass generation facility.

            PG&E currently has 34 contracts with biomass facilities for 
            624 MW of power. The majority of these facilities are 
            currently online. About 90 MW of these facilities are under 
            construction or are offline for other reasons (such as 
            feedstock issues).

          3)Prior to 2011, biomass generation facilities received funds 
            via a ratepayer charge known as the Public Goods Charge (PGC). 
            The PGC funded Research, Development and Demonstration 
            programs; energy efficiency programs, and renewable energy 
            programs. The biomass generation facilities received funds 
            form the renewable energy program component of the PGC. In 
            August 2011 the Public Goods Charge (PGC) expired because the 
            Legislature had not yet passed a bill to reauthorize it. With 
            the expiration of the funding for the biomass contracts, PGC 
            funding will no longer be available. 

            At the end of 2011 the PUC adopted a decision establishing an 
            Electric Program Investment Charge (EPIC). This decision was 
            followed by a staff report to make recommendations on 
            continued funding for renewables and Research, Development, 
            Demonstration and Deployment (RDD&D), including potential 
            modifications to existing programs that were previously funded 
            by the PGC and recommendations for any additional programmatic 
            activities that might be supported by EPIC funds. 

            The PUC staff report recommended the following distribution of 
            EPIC funds:









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                  Applied research and development.  Funding at the level 
               of $50 million per year.
                  Technology demonstration.  Funding at the level of $35 
               million per year, with at least 20%, specifically set aside 
               to support commercialization of bioenergy technologies. 
                  Market support  . No funding recommended at this time 
               because renewable developers can seek market support 
               through incentives available from other programs, such as 
               the Self Generation Incentive Program (SGIP).
                  Market facilitation  . Funding in this area is recommended 
               at $15 million per year, to cover the areas of program 
               tracking and market research, regulatory assistance and 
               streamlining, and workforce development.

            Note that within the allocation of funds, the PUC staff report 
            recommends allocating 20% of the Technology Demonstration 
            funds to bioenergy demonstration projects based on input from 
            CalFire, California Department of Food and Agriculture, 
            CalRecylce and the CEC.

           1)Assessment of Biomass Nationally  . According to the Western 
            Governor's Association Task Force, "The Biomass Task Force has 
            done extensive analysis of supply at the production cost of 8 
            cents / kWh. Our analysis, using the methodology put forward 
            by the WGA Quantitative work group is that 10,000 MW of 
            produced electricity would be available by 2015 at that 
            price."

            The report also recommended that, "The Governors should work 
            with the state utility commissions to ensure that utility 
            renewable purchase programs (RPS or otherwise) recognize the 
            firming capacity of biomass by establishing the appropriate 
            price structure. The ability of biomass to provide constant 
            power is both a benefit in and of itself and it can also be 
            used to address the intermittent nature of other resources."

           2)Assessment of Biomass in California.  According to the CEC's 
            report on Increased Woody Biomass Use for California, "The 
            assessment of forest lands suggests that an increase in woody 
            biomass harvests will come 1) as a complement to the existing 
            flow of lumber used in California that is currently sourced in 
            roughly equal proportions from California itself, Oregon and 
            other western states, and western Canada, or 2) as a byproduct 
            from fuels reduction projects in accessible fire prone areas 
            in California. Forestland cover and forest inventory data 








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            suggest that forest fires are significantly reducing the 
            carbon content of Californias 3)forests. Although there is 
            increasing evidence that well designed and implemented fuels 
            reduction projects can reduce future fire risk and that the 
            sale of the harvested products can reduce project costs, there 
            are also numerous cases in which thinning projects that 
            produced biomass were not that effective in reducing the fire, 
            insect, or disease risks. In addition, the goals and 
            constraints of forestland owners or managers may limit the 
            potential areas in which projects could be implemented. In 
            particular, many family forest landowners implement few land 
            management measures of any kind, and investor or corporate 
            ownerships often avoid projects that do not have a short term 
            positive cash flow. The limited number of energy plants that 
            use woody biomass are located more than 30 miles from many 
            forest parcels, a distance for which transportation costs 
            alone can be greater than the market price for delivered 
            biomass. An expansion in the number and distribution of energy 
            plants would be needed to increase biomass energy generation 
            significantly."

             The author may wish to consider an amendment to require that 
            biomass facilities receiving incentives must meet best 
            management standards to ensure that biomass fuel use does not 
            adversely impact to water quality, soil productivity, 
            biodiversity and wildlife.
           
          Pending Legislation: AB 723 (Bradford) reauthorizes the Public 
          Goods Charge.


           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Biomass Energy Alliance (CBEA)
          Covanta Energy
          Independent Energy Producers (IEP) (sponsor)
          Trinity Public Utilities District (TPUD)

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Susan Kateley / U. & C. / (916) 








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          319-2083