BILL ANALYSIS                                                                                                                                                                                                    
                                                                  AB 2499
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          ASSEMBLY THIRD READING
          AB 2499 (Jerome Horton)
          As Amended May 20, 2004
          Majority vote 
           UTILITIES AND COMMERCE     12-0 APPROPRIATIONS      16-4        
           
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          |Ayes:|Reyes, Campbell, Bogh,    |Ayes:|Chu, Berg, Calderon,      |
          |     |Calderon, Canciamilla,    |     |Corbett, Correa,          |
          |     |Diaz, Jerome Horton, La   |     |Firebaugh, Goldberg,      |
          |     |Malfa, Levine,            |     |Leno, Nation, Negrete     |
          |     |Ridley-Thomas,            |     |McLeod, Oropeza, Pavley,  |
          |     |Strickland, Wesson        |     |Ridley-Thomas, Wesson,    |
          |     |                          |     |Wiggins, Yee              |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Runner, Bates, Haynes,    |
          |     |                          |     |Keene                     |
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           SUMMARY  :  Requires publicly owned electric utilities (POEU)  
          established after 
          January 1, 2001, to meet the same resource adequacy requirements  
          of investor owned utilities (IOUs) before they can provide  
          electric services.  Specifically,  this bill  :  
          1)States that a POEU established after January 1, 2001, shall  
            meet equivalent resource adequacy requirements applicable to  
            an electric corporation. 
          2)Requires that a POEU established after January 1, 2001, shall  
            obtain certification of a resource plan from the California  
            Energy Commission (CEC) before providing service to any  
            additional customers after January 1, 2006.
          3)Requires a POEU established after January 1, 2001, to file  
            updates to its resource plans. 
          4)Requires a POEU established after January 1, 2001, to make  
            findings that CEC has approved POEU resource plan and the  
            public interest and necessity requires that POEU to provide  
            retail services. 
          5)States that in order to prevent the cost shifts from customers  
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            of POEU to IOU customers, the California Public Utilities  
            Commission (CPUC) shall impose a non-bypassable charge on  
            customer of an POEU who then take electric services from an  
            IOU.
           EXISTING LAW  :
          1)Requires each electric corporation to prepare and file a  
            procurement plan with CPUC and requires that an approved plan  
            enable the utility to fulfill its obligation to serve its  
            customers at just and reasonable rates.
          2)Requires IOUs to increase its total amount of eligible  
            renewable resources by at least one percent per year, until  
            20% of its retail sales are procured from renewables.  
          3)Requires each governing body of a POEU to implement and  
            enforce an renewable portfolio standard (RPS) that takes into  
            consideration the impact on rates, reliability, the goal of  
            environmental improvement, and the impact on financial  
            resources.  The governing board will annually report to its  
            customers concerning RPS program.
           FISCAL EFFECT  :  
          1)One-time special fund cost of $300,000 to CEC to conduct a  
            rulemaking related to requirements for an energy resource plan  
            from new POEU.  [Energy Resources Programs Account]
          2)Ongoing special fund costs of up to $100,000 for CEC to review  
            and approve submitted resource plans and plan updates.
          3)Absorbable costs to CPUC.
           COMMENTS  :  In 2002, the Legislature passed AB 57 (Wright),  
          Chapter 835, Statutes of 2002, which established guidelines for  
          procurement of electricity by the utilities after January 1,  
          2003, and for CPUC to review the utilities' procurement plans.   
          CPUC issued a decision implementing AB 57 procurement process in  
          January.  Under the decision, CPUC found that IOUs, energy  
          service providers (ESPs), and community aggregators must have  
          adequate resources to meet forecasted peak load plus a 15% to  
          17% reserve margin by 2008.  This order applies to almost all  
          retail electric service providers other than POEUs. 
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          While POEUs represent approximately 25% of the retail load  
          served in California, they have been exempted from the major  
          policy decisions aimed at assuring the state has sufficient  
          clean and reliable resources to meet future demand and avoid  
          future rolling blackouts.  
          POEUs argue that because they are ultimately responsible to  
          voters and not shareholders they will naturally act in the  
          public interest and do not need additional state oversight.   
          This argument ignores the increasing need to view resource  
          adequacy from a statewide perspective.  Because the California  
          electricity distribution grid is a statewide integrated system,  
          when there are inadequate resources to meet demand the entire  
          grid can become unstable.  Since POEUs generally rely on the  
          same distribution grid as other retail providers, any failure of  
          a POEU to meet customer demand can cause instability across the  
          entire grid.
          While not attempting to place the same procurement requirements  
          on existing POEUs, AB 2499 would place those requirements on  
          newly-formed POEUs.  Since the energy crisis of 2001, a number  
          of local governments have recently proposed forming municipal  
          utilities in hopes of providing their residents and businesses  
          with lower electrical rates.  The author is concerned that since  
          these new municipal utilities do not have experience in  
          procuring power and have little or no ability to produce their  
          own electricity, they will not be able to meet their own  
          resource adequacy needs. 
           Analysis Prepared by  :    Edward Randolph / U. & C. / (916)  
          319-2083 
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