BILL ANALYSIS                                                                                                                                                                                                    �



                                                                AB 2390
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        ASSEMBLY THIRD READING
        AB 2390 (Chesbro)
        As Amended  May 1, 2012
        Majority vote 

         NATURAL RESOURCES   7-1         UTILITIES AND COMMERCE        11-0
         
         ----------------------------------------------------------------- 
        |Ayes:|Chesbro, Brownley,        |Ayes:|Bradford, Garrick,        |
        |     |Dickinson, Halderman,     |     |Buchanan, Fong, Gorell,   |
        |     |Huffman, Monning, Skinner |     |Huffman, Ma, Nestande,    |
        |     |                          |     |Skinner, Swanson, Valadao |
        |-----+--------------------------+-----+--------------------------|
        |Nays:|Knight                    |     |                          |
        |     |                          |     |                          |
         ----------------------------------------------------------------- 
         APPROPRIATIONS      12-5                                        
         
         ----------------------------------------------------------------- 
        |Ayes:|Fuentes, Blumenfield,     |     |                          |
        |     |Bradford, Charles         |     |                          |
        |     |Calderon, Campos, Davis,  |     |                          |
        |     |Gatto, Ammiano, Hill,     |     |                          |
        |     |Lara, Mitchell, Solorio   |     |                          |
        |     |                          |     |                          |
        |-----+--------------------------+-----+--------------------------|
        |Nays:|Harkey, Donnelly,         |     |                          |
        |     |Nielsen, Norby, Wagner    |     |                          |
        |     |                          |     |                          |
         ----------------------------------------------------------------- 
         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 as a fuel source forest biomass 
          materials from an area identified as high or medium-priority 








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          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 :  According to the Assembly Appropriations Committee:

        1)Cost pressure of an unknown amount, but potentially in the 
          millions of dollars, to fund incentives for biomass producers and 
          collectors (special fund, bond funds).

        2)Annual costs of approximately $300,000 (equivalent to two staff 
          members) to CEC to develop and implement the incentive program 
          (special fund).

        3)Minor, absorbable costs to CalFire to consult with CEC.

         COMMENTS  :  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:

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

        2)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.

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

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








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          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.

        5)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.  

        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.
         
         As Southern CaliforniaEdison 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 Electric 
        Program Investment Charge (EPIC) adopted by the Public Utilities 
        Commission (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.
         
         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.  
         
         
        Analysis Prepared by  :  Lawrence Lingbloom / NAT. RES. / (916) 
        319-2092 


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