BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SJR 13
                                                                  Page  1

          Date of Hearing:   September 9, 2011

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                               Steven Bradford, Chair
                    SJR 13 (Vargas) - As Amended:  August 16, 2011

           SENATE VOTE  :   21-15
           
            SUBJECT  :   Public utilities:  cross-border transmission lines

           SUMMARY  :   Calls upon the Secretary of the United States 
          Department of Energy to reject Sempra Energy's application to 
          construct the Energ�a Sierra Ju�rez cross-border transmission 
          line between Mexico and California.

           EXISTING LAW 

          Requires upon the adjournment of the first extraordinary 
          session, investor-owned utilities (IOUs); publicly owned 
          utilities (POUs); community choice aggregators (CCAs); and 
          energy service providers (ESPs) to increase purchases of 
          renewable energy such that at least 33% of retail sales are 
          procured from renewable energy resources by December 31, 2020. 
          In the interim each entity would be required to procure an 
          average of 20% of renewable energy for the period of January 1, 
          2011 through December 31, 2013; 25% by December 31, 2016, and 
          33% by 2020. This is known as the Renewable Portfolio Standard 
          (RPS).

           FISCAL EFFECT  :   Unknown

           COMMENTS :   

          1)The author reports that "Sempra, the parent company of 
            (SDG&E), is proposing to outsource 1250 MW of green electrical 
            generating capacity to Mexico by connecting a one-mile 
            cross-border tieline from Mexico to the Southwest Powerlink 
            electrical transmission line close to the San Diego County and 
            Imperial County border. Sempra has applied for a Presidential 
            Permit from the U.S. Department of Energy.  The line would 
            undercut the ratepayer investment that has already been made 
            on the Southwest Powerlink Transmission Line and the Sunrise 
            Powerlink.  It would also deprive customers of the economic 
            benefits of building the renewable generation in southern 
            California.  These lost benefits have been estimated at 15,000 








                                                                  SJR 13
                                                                  Page  2

            lost U.S. jobs and nearly $300 million in lost local, state 
            and federal tax revenue."

          2)Presidential Permits - Any entity seeking to construct, 
            operate, and maintain electric transmission facilities across 
            the U.S. international border must apply to the DOE for a 
            cross-border Presidential permit.  In order for a permit to be 
            issued, a finding that the proposed project is consistent with 
            the public interest and favorable recommendations from the 
            U.S. Departments of State and Defense are required.  In 
            determining consistency with the public interest, DOE 
            considers the environmental impacts of the proposed project, 
            determines the project's impact on electric reliability 
            (including whether the proposed project would adversely affect 
            the operation of the U.S. electric power supply system under 
            normal and contingency conditions), and considers any other 
            factors that DOE may find relevant to the public interest. 
            DOE's issuance of a Presidential permit indicates that there 
            is no federal objection to the project, but does not mandate 
            that the project be undertaken. 

          3)Sempra has applied to the DOE's Office of Electricity Delivery 
            and Energy Reliability for a Presidential permit to construct 
            either a double-circuit 230 kV or a single-circuit 500-kV 
            transmission line.  Sempra's proposed transmission line would 
            connect wind turbines to be located in the vicinity of La 
            Rumorosa, Baja California, Mexico, to the existing Southwest 
            Powerlink 500-kV transmission line (SWPL).  A decision on the 
            permit is expected by December.

          4)The wind projects are RPS eligible if they connect within the 
            Western Electricity Coordinating Council (WECC) and will not 
            cause or contribute to any violation of California 
            environmental quality standards or requirements. Baja, is 
            included in the Western Electric Coordinating Council, which 
            includes 14 western states, western Canada, and Baja. The 
            Sempra wind projects will connect to a balancing authority of 
            the California Independent System Operator (ISO). 

          5)The Sempra Baja wind projects would qualify to meet the RPS 
            requirements as 'Portfolio Content Categories (also known as 
            buckets). Bucket 1 which establishes a compliance target of at 
            least 50% of the generation meets this category through 2013, 
            65% through 2016, and 75% thereafter. Bucket 1 does not 
            mandate that all generation come from within the state's 








                                                                  SJR 13
                                                                  Page  3

            borders. 

          6)Renewable generation located outside of California's 
            boundaries are eligible as long as the interconnection point 
            is under the control of the ISO or another balancing authority 
            (such as LADWP) and if the facility is outside the United 
            States, it is developed and operated in a manner that is as 
            protective of the environment as a similar facility located in 
            the state. For example, Senator Simitian published a letter in 
            the Senate Journal on August 17, 201 explaining this specific 
            concern: "It is the intent of SB 2X as passed by the 
            California State Legislature in March 2011 that the wind 
            energy generated by the Chokecherry and Sierra Madre Wind 
            Energy Project located near Ralwins, Wyoming and transmission 
            via the TransWest Express Transmission Projects direct-current 
            transmission line without substituting power from another 
            source to one or more California balancing authorities in the 
            El Dorado Valley, Nevada can qualify as Portfolio Content 
            Category 1 Products for purposes of RPS compliance."

          7)Resolution proponents argue that there is a fixed RPS 
            obligation for California's utilities and that the Sempra Baja 
            wind project will displace energy that instead could come from 
            renewable energy projects built here in the state. They note 
            that development of the Mojave and Colorado Desert regions of 
            Southern California, including Imperial County, has been a top 
            priority for the state and the Baja projects would reduce the 
            projects developed in that region.

          8)According to a recent study entitled, "Should Green Jobs Be 
            Outsourced: A Case Study of Lost Jobs and Lost Opportunities," 
            by University of Utah Economics Professor Dr. Peter Philips 
            this proposal, if approved, would outsource to Mexico 5 years 
            of work for 600 construction workers, 489 of whom otherwise 
            would have been residents of Imperial County, and 111 of whom 
            would have traveled from other parts of California, Arizona 
            and Southern Nevada to work in Imperial County.

          9)Opponents of this regulation assert that SJR 13 will slow 
            California's transition to a clean energy future by 
            foreclosing access to a wind-rich region of Baja, California. 
            Other clean energy resource opportunities include solar and 
            geothermal projects.

          10)SDG&E states that it has signed 26 contracts for delivered 








                                                                  SJR 13
                                                                  Page  4

            renewable power. Of these, four are out-of-state. SDG&E 
            projects that 72% of delivered energy in 2020 will come from 
            in-state renewable energy facilities. Approximately 50% of 
            this in-state power will come specifically from the Imperial 
            Valley. While more contracts are being signed, the current 
            ones in Imperial represent more than 2,000 construction jobs 
            and hundreds more for operating the plants when complete. 
            Currently, more than 2,000 men and women are working to build 
            the Sunrise Powerlink, which is been dedicated to deliver 
            green power from Imperial to San Diego.  

          11)Also according to SDG&E, the major outage in San Diego and 
            Arizona highlights the need for more power, not less.  SDG&E 
            began purchasing geothermal power from Cerro Prieto in 
            Mexicali in the late-1970's.  Power from Mexico also assisted 
            in San Diego's power needs during the massive firestorms in 
            mid-decade and kept the lights on in San Diego.  Like Nevada, 
            and Arizona, Mexico is part of our energy region.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Labor Federation
          California State Association of Electrical Workers
          State Building and Construction Trades Council
          The Utility Reform Network (TURN)
          Western States Council of Sheet Metal Workers
           
            Opposition 
           
          California Chamber of Commerce
          California Manufacturers & Technology Association (CMTA)
          Sempra Generation

           Analysis Prepared by  :    Susan Kateley / U. & C. / (916) 
          319-2083