BILL ANALYSIS �
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THIRD READING
Bill No: SB 23
Author: Simitian (D)
Amended: 9/9/11
Vote: 21
SENATE ENERGY, UTILITIES & COMM. COMMITTEE : 10-0, 5/3/11
AYES: Padilla, Fuller, Berryhill, Corbett, DeSaulnier,
Pavley, Rubio, Simitian, Strickland, Wright
NO VOTE RECORDED: De Le�n
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 31-4, 5/31/11
AYES: Alquist, Blakeslee, Calderon, Cannella, Corbett,
Correa, De Le�n, DeSaulnier, Emmerson, Evans, Fuller,
Harman, Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu,
Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price,
Runner, Simitian, Strickland, Vargas, Wolk, Wright, Yee
NOES: Anderson, Gaines, Walters, Wyland
NO VOTE RECORDED: Berryhill, Dutton, Hancock, Rubio,
Steinberg
ASSEMBLY FLOOR : Not available
SUBJECT : Energy: renewable energy resources
SOURCE : Author
DIGEST : This bill makes a number of technical and
substantive changes to the recently signed SB 2X1
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(Simitian), Chapter 1, Statutes of 2011, First
Extraordinary Session, which increases Californiass
renewable portfolio standard (RPS) from 20 percent by 2010
to 33 percent by 2020.
Assembly Amendments (1) extend the deadline for the
California Energy Commission (CEC) to study and report to
the Legislature on run-of-river hydroelectric generating
facilities in British Columbia for one year to June 30,
2012; (2) extend the deadline for the California Public
Utilities Commission (PUC) to determine resource adequacy
standards for wind and solar energy resources for one year
to no later than July 1, 2012; (3) extend the deadline for
CEC to adopt regulations for enforcement of RPS
requirements of the publicly owned utilities (POUs) for one
year to July 1, 2012; and (4) eliminate a provision
regarding the long-term and short-term contracting
requirement.
ANALYSIS : Existing law:
1. Creates the California RPS program and the Renewable
Energy Resources Program to increase the amount of
electricity generated per year from eligible renewable
energy resources.
2. Effective 90 days after the adjournment of the First
Extraordinary Session, increases California's renewable
portfolio standard from 20 percent by 2010 to 33 percent
by 2020.
3. Effective 90 days after the adjournment of the First
Extraordinary Session, requires the CEC to study and
provide a report to the Legislature that analyzes
run-of-river hydroelectric generating facilities by June
30, 2011.
4. Effective 90 days after the adjournment of the First
Extraordinary Session, requires the CEC to adopt
regulations, on or before July 1, 2011, for enforcement
of the RPS requirements of the POUs.
5. Effective upon the adjournment of the First
Extraordinary Session, requires the PUC to determine
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resource adequacy standards for wind and solar energy
resources no later than July 1, 2011.
This bill:
1. Extends the deadline for the CEC to study and report to
the Legislature on run-of-river hydroelectric generating
facilities in British Columbia for one year to June 30,
2012.
2. Extends the deadline for the PUC to determine resource
adequacy standards for wind and solar energy resources
for one year to no later than July 1, 2012.
3. Extends the deadline for CEC to adopt regulations for
enforcement of RPS requirements of the POUs for one year
to July 1, 2012.
4. Specifies that a small hydroelectric generation unit is
an eligible renewable energy resource if it supplies or
conveys water to its customers.
5. Eliminates the requirement for the PUC to prepare annual
procurement plans.
6. Authorizes the PUC to require more frequent compliance
reports.
7. Eliminates a provision regarding the long-term and
short-term contracting requirement.
8. Eliminates all deficits accumulated by retail sellers
prior to December 31, 2010, not just the deficits of
those retail sellers who are at 14 percent.
9. Extends the deadline for the PUC to establish minimum
procurement quantities in each compliance period from
January 1, 2012 to July 1, 2012.
10.Clarifies that the enforcement provisions taken by the
PUC against IOUs are retrospective in applications.
11.Permits local publicly owned utilities that have met the
20 percent requirement by 2010 to bank its excess
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procurement.
12.Changes the date by which the PUC has established
quantities for each compliance period from July 1, 2012
to January 1, 2013.
13.Allows PUC to report to Legislature on RPS progress in
existing AB 67 report.
14.Specifies that California Air Resources Board cannot
adopt any state renewable energy goals.
15.Makes technical changes.
Comments
Governor Brown signed SB 2X1 (Simitian) on April 12th. The
bill will take effect 90 days after the adjournment of the
first extraordinary session which has not yet occurred. In
the meantime there were three deadlines in that bill by
which the CEC and CPUC were to adopt rules, regulations or
issue reports this summer. The delay in enactment of SB
2X1 and the delay in adjournment of the special session
require that the deadlines be extended by one year for
these agencies to complete their work.
Both proponents and opponents of SB 2X1 cite the need for
further revisions to that measure in order to ensure that
implementation of the new 33 percent standard is carried
out efficiently and effectively. The author is considering
those provisions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 9/7/11)
SMUD (if amended)
OPPOSITION : (Verified 9/7/11)
California Biomass Energy Alliance
California Wind Energy Association
Clean Power Campaign
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Environment California
Independent Energy Producers
Large Scale Solar Association
Natural Resources Defense Council
Sierra Club California
The Solar Alliance
The Vote Solar Initiative
Union of Concerned Scientists
RM:kc 9/9/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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