BILL ANALYSIS                                                                                                                                                                                                    �          1





                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                 ALEX PADILLA, CHAIR
          

          SB 771 -  Kehoe                                   Hearing Date:  
          May 3, 2011                S
          As Amended:         April 13, 2011           FISCAL       B
                                                                        
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                                      DESCRIPTION
           
           Current law  creates the California Alternative Energy and 
          Advanced Transportation Financing Authority (CAEATFA) to provide 
          bond financing for the development and commercialization of 
          competitive advanced transportation technologies and facilities 
          utilizing alternative methods and sources of energy.  It is also 
          authorized to approve a sales and use tax exemption on tangible 
          personal property utilized for the design, manufacture, 
          production, or assembly of advanced transportation technologies 
          or alternative energy source products, components or systems.  
          The sales and use tax exemption sunsets January 1, 2021.

           Current law  defines, only for purpose of the CAEATFA, renewable 
          energy to include fuel sources such as wind, solar and 
          geothermal but also includes natural gas turbines and fuel 
          cells.

           This bill  expands the definition of renewable energy under 
          CAEATFA to include landfill gas turbines, digester gas turbines, 
          and microturbines. 

                                      BACKGROUND
           
          California Alternative Energy and Advanced Transportation 
          Financing Authority - CAEATFA was created in 1980 with an 
          authorization of $200 million in revenue bonds to finance 
          projects utilizing alternative sources of energy, such as 
          cogeneration, wind and geothermal power. It was renamed in 1994 
          as currently titled and its charge expanded to include the 
          financing of "advanced transportation" technologies.

          During the energy crisis of 2001 its authority was again 










          expanded, this time to provide financial assistance to public 
          power entities, independent generators, and others for new and 
          renewable energy sources, and to develop clean distributed 
          generation.

          CAEATFA's authority is broad but in practice it has not been 
          utilized until recently.  The State Treasurer has tried to 
          reinvigorate the authority and has launched a sales and use tax 
          exemption program to stimulate green manufacturing as authorized 
          by SB 71 (Padilla, 2010).  
                                           
                                      COMMENTS
           
              1.   Author's Purpose  .  The author cites a problem with 
               renewable programs and opines that as new technologies 
               evolve the renewable programs are not keeping pace leaving 
               some technologies that serve renewable goals ineligible for 
               specified programs particularly those that the author 
               categorizes as "clean continuous renewable energy 
               technologies." 

              2.   Clarifying Purpose  .  The addition of landfill gas 
               turbines, digester gas turbines, and microturbines to 
               CAETFA's program authority does not appear to expand the 
               scope of its programs.  The technologies are consistent 
               with other enumerated technologies and therefore the bill 
               results in a clarification of existing law.

              3.   Double Referral  .  Should this bill be approved by the 
               committee, it should be re-referred to the Senate Committee 
               on Environmental Quality for its consideration.

                                       POSITIONS
           
           Sponsor:
           
          Clean Power Campaign

           Support:
           
          California Refuse Recycling Council
          Flex Energy, Inc.
          Humboldt Waste Management Authority
          Los Angeles County Integrated Waste Management Task Force
          Orange County Board of Supervisors









          Regional Council of Rural Counties

           Oppose:
           
          Pacific Gas and Electric Company

          
















          Kellie Smith 
          SB 771 Analysis
          Hearing Date:  May 3, 2011