BILL ANALYSIS                                                                                                                                                                                                              1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                               DEBRA BOWEN, CHAIRWOMAN
          

          SB 1478 -  Sher                                   Hearing Date:   
          April 27, 2004             S
          As Amended:         April 22, 2004           FISCAL       B

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                                      DESCRIPTION
           
           Existing law:  

          1.Requires the California Public Utilities Commission (CPUC) to  
            reserve a portion of future electrical generating capacity for  
            renewable resources (Public Utilities Code Section 701.3).

          2.Expresses legislative intent to increase renewable electricity  
            to 17 percent of consumption in the state by 2006 (SB 1038  
            (Sher), Chapter 515, Statutes of 2002).

          3.Requires investor-owned utilities (IOUs) to increase their  
            existing level of renewable resources by one percent of sales  
            per year until a 20 percent renewable resources portfolio is  
            achieved (AB 57 (Wright), Chapter 835, Statutes of 2002).

          4.The "Renewables Portfolio Standard" (RPS), requires IOUs and  
            certain other retail sellers to meet essentially the same  
            renewable procurement goals as AB 57, but sets a deadline of  
            2017 for achieving a 20 percent renewable portfolio and  
            establishes a detailed process and standards for renewable  
            procurement.  Local publicly-owned electric utilities (munis)  
            are exempt from the statutory requirements of the RPS and  
            instead required to implement and enforce their own RPS  
            programs (SB 1078 (Sher), Chapter 516, Statutes of 2002).

           This bill:
           
          1.Advances the deadline for achieving a 20 percent renewable  
            portfolio from 2017 to 2010.












          2.Authorizes a renewable energy credit (REC) trading program to  
            allow the sale of the renewable attribute of renewable  
            electricity as a commodity unbundled from the physical  
            production and delivery of renewable electricity, subject to  
            the following limitations:

            a.                                                              
            RECs may not be counted more than once.
             b.                                                             
                RECs must originate from an eligible renewable resource  
               and may not be resold for RPS compliance.
             c.                                                             
                Revenues from the sale of RECs by an IOU must be credited  
               to ratepayers.
             d.   An IOU may not buy or sell RECs from renewable resources  
               already included in the IOU's baseline.





































          3.Provides an IOU may only receive an award of "new renewable"  
            funds for a project if the project is selected pursuant to a  
            competitive solicitation the CPUC finds complies with the RPS  
            and the CPUC has approved a contract for the project.

          4.Repeals the requirement that the CEC direct 10 percent ($13.5  
            million/year) of renewable funds collected via the Public  
            Goods Charge (PGC) for credits to existing renewable direct  
            access customers (the CEC has suspended the customer credit  
            program and redirected the funds to other renewable programs).

          5.Permits an IOU serving fewer than 60,000 customers in  
            California that also serves customers in another state (i.e.  
            PacifiCorp and Sierra Pacific Power) to count its out-of-state  
            renewable resources toward its RPS compliance.

                                      BACKGROUND
           
          The RPS requires IOUs, and certain other retail energy  
          providers, to buy renewable electricity to the extent PGC funds  
          are available to pay for any costs exceeding a market price set  
          by the CPUC.

          Each IOU is required to increase its renewable procurement each  
          year by at least one percent of total sales, so that 20 percent  
          of its sales are renewable energy sources* by December 31, 2017.  
           Once a 20 percent portfolio is achieved, no further increase is  
          required.  The CPUC is required to adopt comparable requirements  
          for direct access providers and community choice aggregators.

          The RPS applies to:

          1.IOUs meeting specified creditworthiness conditions.
          2.Direct access providers, for any new customers or new  
            contracts, and for all customers beginning January 1, 2006.
          3.Community choice aggregators.

          The RPS explicitly does not apply to:

          1.Co-generation supplying customers on-site and via "over the  
            fence" transactions.
          2.The Department of Water Resources.
          3.Municipal and other local publicly-owned electric utilities.   
            These utilities are responsible for implementing and enforcing  










            their own, unspecified, renewable portfolio standards.

          The RPS requires the CPUC to adopt a rulemaking within six  
          months of its enactment (January 2003), including processes for  
          determining market prices, ranking renewable bids according to  
          cost and fit, flexible compliance rules, and standard contract  
          terms and conditions.  Sixteen months later, these items still  
          are pending adoption at the CPUC.

          In the meantime, the CPUC has approved a number of renewable  
          contracts through an ad hoc process lacking clear rules or  
          consistency with the statutory scheme of the RPS.  This bill  
          provides that an IOU may count renewable resources toward its  
          RPS requirements and receive PGC funds only if the contract is  
          selected pursuant to a competitive solicitation that complies  
          with the RPS and is approved by the CPUC.

          The RPS requires IOUs to offer contracts of at least 10 years,  
          unless the CPUC approves shorter contracts.  This is intended to  
          support the development of new renewable resources.  This bill  
          limits contracts less than 10 years to no more than 10 percent  
          of any solicitation.

          The "Energy Action Plan" adopted by the CPUC, the CEC and the  
          Power Authority pledges that the agencies with accelerate RPS  
          implementation to meet the 20 percent goal by 2010, instead of  
          2017.  In his statements on energy, the Governor has endorsed  
          "20 percent by 2010" and proposed an additional goal of 33  
          percent by 2020.

          *Eligible renewable technologies are biomass, solar thermal,  
          photovoltaic, wind, geothermal, renewable fuel cells,  
          hydroelectric 30 megawatts or less, digester gas, municipal  
          solid waste conversion, landfill gas, ocean wave, ocean thermal,  
          and tidal current.  Existing small hydroelectric, existing  
          geothermal, and a garbage burning plant in Modesto may be  
          counted toward a retail seller's baseline, but are not eligible  
          for supplemental payments from PGC funds.

                                       COMMENTS
           
           1.Will credit trading further the purpose of the RPS?   Past  
            examples of environmental compliance via credit trading  
            programs indicate these programs provide a more convenient way  










            for regulated industry to achieve minimum compliance, but  
            don't necessarily promote investments to improve the  
            environment or effectively mitigate adverse environmental  
            impacts.

            In this case, allowing retailer sellers to purchase RECs  
            rather than the bundled renewable electricity product will  
            allow them more flexibility to comply with the RPS.  For  
            example, an IOU with inadequate transmission to deliver  
            sufficient renewable generation to its load can buy brown  
            power from a local source to serve its load and buy RECs  
            originating from a distant renewable producer to satisfy its  
            RPS obligations.  Or, a small retail seller, such as an ESP,  
            who may not be able to sign the long-term contracts necessary  
            to develop new renewable resources, can buy RECs instead.

            This bill establishes a limited definition of RECs and further  
            limits how RECs can be traded in an effort to prevent a wide  
            open REC market, which might undermine the RPS goal of  
            promoting investment in new renewable resources in California.  
             However, the current RPS appears to require retail sellers to  
            purchase the renewable electricity itself, and contemplates  
            IOUs will comply by buying renewable resources via long-term  
            contracts with in-state producers, rather than by buying RECs.  


           2.Is 20 percent by 2010 feasible?   One percent per year is the  
            current rate of renewable additions required by AB 57 and the  
            RPS.  This pace leads all IOUs to reach 20 percent on or  
            before 2017.  Because Southern California Edison (SCE) is  
            already near 20 percent, advancing the deadline to 2010 may  
            not have a material impact on its RPS obligations.  Pacific  
            Gas & Electric reports a 2004 baseline of 12.7 percent, so  
            would need to increase to about 1.2 percent per year to reach  
            20 percent by 2010.  San Diego Gas & Electric is currently at  
            about 7 percent, so would need to increase to about 2.2  
            percent per year to reach 20 percent by 2010.

            Notwithstanding the numerical targets in this bill, or the  
            current RPS, IOUs obligations are limited to the availability  
            of supplemental payments to pay any costs above the market  
            price benchmark set by the CPUC.

            The New Renewable Resources Account, from which supplemental  










            payments will be drawn, will be funded at about $70  
            million/year until 2007 under current law.  Because the market  
            price benchmark hasn't been established by the CPUC and  
            availability and cost of renewable resources haven't been  
            indicated through a competitive solicitation, it's not yet  
            known how far the money might go.

           3.Different standards need to be reconciled.   This bill contains  
            two different standards for measuring the level of renewable  
            electricity.  Section 1 expresses legislative intent to  
            increase renewable electricity to 20 percent of  consumption  in  
            the state by 2010.  Sections 7 and 12 apply a standard of 20  
            percent of  retail sales  to individual retail sellers subject  
            to the RPS.

            The Section 1 standard is different (and higher) because it is  
            based on statewide consumption, which includes service  
            arrangements which aren't retail sales subject to the RPS,  
            such as self-generation and wholesale wheeling of federal  
            power.  

                                       POSITIONS
           
           Sponsor:
           
          Author

           Support:
           
          American Lung Association of California
          Clean Power Campaign
          East Bay Municipal Utility District
          Sempra (if amended)
          Sierra Club California

           Oppose:
           
          City of Roseville
          Pacific Gas and Electric Company
          


          Lawrence Lingbloom 
          SB 1478 Analysis










          Hearing Date:  April 27, 2004