BILL ANALYSIS                                                                                                                                                                                                    




                                                                  AB 1362
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          Date of Hearing:   April 18, 2005

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                               Lloyd E. Levine, Chair
                    AB 1362 (Levine) - As Amended:  April 11, 2005
           
          SUBJECT  :   Renewable energy: California Renewables Portfolio  
          Standard Program: renewable energy credits.

           SUMMARY  :  Accelerates California Renewables Portfolio Standard  
          (RPS) to require retail sellers of electricity to procure at  
          least 20% of their retail sales from renewable power by 2010  
          instead of 2017.  Allows Renewable Energy Credits (RECs) to be  
          counted toward a retail electricity provider's RPS requirement.   
          Specifically,  this bill  :  

          1)Requires that all retail sellers of electricity, excluding  
            local publicly owned electric utilities (munis), to procure at  
            least 20% of the total electricity sold from eligible  
            renewable resources by 2010. 

          2)Authorizes a renewable energy credit (REC) trading program to  
            allow the sale of the renewable and environmental attributes  
            of renewable electricity as a commodity unbundled from the  
            actual electricity produced, subject to the following  
            limitations: 

               a)     RECs may not be counted more than once for  
                 compliance with the RPS or for verifying a retail product  
                 claim.

               b)     RECs must originate from an eligible renewable  
                 resource.

               c)     Revenues from the sale of RECs by an IOU must be  
                 credited to ratepayers. 

               d)     RECs must be certified by California Energy  
                 Commission (CEC) and comply with all the provisions of  
                 this bill before a utility can recover REC procurement  
                 expenses in rates.

               e)     Retail sellers are not obligated to procure RECs if  
                 funds are not available to award Supplement Energy  
                 Payments (SEPs) for above market costs of renewable  









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                 power.

          3)Provides that the CEC may not award SEPs for the sale or  
            purchase of RECs.

          4)Provides that there are no RECs associated with renewable  
            power generated under terms of a contract executed before  
            January 1, 2005, that did not contain explicit terms  
            specifying ownership of energy credits.

          5)Provides that there are no RECs associated with contracts  
            awarded to Qualifying Facilities (QFs) under the Public  
            Utility Regulatory Policies Act (PURPA) of 1978, but  
            deliveries under these contracts shall count toward RPS  
            obligations.


           EXISTING LAW  :

             1)   Requires retail sellers of electricity, except local  
               publicly owned electric utilities (munis), to increase  
               their existing level of renewable resources by 1% of sales  
               per year such that 20% of their retail sales are procured  
               from eligible renewable resources by 2017.

             2)   Defines eligible renewable resources to in clued all  
               generation from an in-state renewable electricity  
               generation facility that uses biomass, solar thermal,  
               photovoltaic, wind, geothermal, fuel cells using renewable  
               fuels, small hydroelectric generation of 30 megawatts or  
               less, digester gas, municipal solid waste conversion,  
               landfill gas, ocean wave, ocean thermal, or tidal current,  
               and any additions or enhancements to the facility using  
               that technology.

             3)   Exempts munis from the statutory requirements of RPS and  
               instead are requires munis to implement and enforce their  
               own RPS program that recognizes the intent of the  
               Legislature to encourage renewable resources. 

             4)   Allows the CEC to award SEPs to generators of eligible  
               renewable resources to cover above market costs of  
               renewable energy. 











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           FISCAL EFFECT  :   Unknown.

           COMMENTS  : The purpose of this bill is to accelerate the state's  
          existing RPS requirements so that 20% of retail sales of  
          electricity in California come from renewable resources by the  
          year 2010 and to allow retail sellers of electricity to apply  
          RECs toward their RPS requirements.

          1)  Brief history  : In 2002 the Legislature approved SB 1078  
          (Sher), Chapter 516, Statutes of 2002, which created  
          California's RPS. Under the RPS, the Investor Owned Utilities  
          (IOUs) are required to increase their renewable procurement each  
          year by at least 1% of total sales, so that 20% of their sales  
          are from renewable energy sources by December 31, 2017.  Once a  
          20% portfolio is achieved, no further increase is required.  The  
          PUC is required to adopt comparable requirements for direct  
          access providers and community choice aggregators. Munis are not  
          required to meet the same RPS as the IOUs, but instead must  
          implement and enforce their own RPS program that recognizes the  
          intent of the Legislature to encourage renewable resources.

          The RPS also allows new renewable energy providers to apply to  
          the CEC for SEPs.  SEPs will be awarded to renewable energy  
          providers to cover the difference between the prices they bid in  
          a competitive solicitation and a market price established by the  
          PUC.  The RPS requires IOUs, and certain other retail energy  
          providers, to buy renewable electricity to the extent Public  
          Goods Charges (PGC) funds<1> are available to pay for SEPs.  If  
          no PGC funds are available, the retail energy providers are not  
          required to purchase additional renewable power.

          The RPS requires the PUC to adopt a rulemaking within six months  
          of its enactment (January 2003), to implement the RPS and to  
          determine market prices from which SEPs can be determined.  On  
          June 9, 2004, the PUC approved two decisions that established  
          standard market terms for renewable contracts and a method for  
          calculating market prices for renewable resources. Since then  
          the IOUs have issued Requests for Proposals (RFPs) for renewable  
          energy contracts that would comply with the RPS and potentially  
          be eligible to receive SEPs.  While the IOUs have received  
          ---------------------------
          <1> Existing law requires electric utilities to identify and  
          collect a separate rate component to fund energy efficiency,  
          public interest renewable energy research, and related "public  
          goods" programs.









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          responses to the RFPs, no renewable contract under the RPS which  
          would qualify for the SEPs have been publicly announced. 

          The PUC has also approved a number of renewable contracts  
          through an ad hoc process.  These contracts have resulted in the  
          IOUs agreeing to purchase renewable power that will count toward  
          their RPS obligations but that will not be eligible to receive  
          SEPs. 

           2) Accelerated RPS Compliance  :  The "Energy Action Plan" adopted  
          by the PUC, the CEC and the Power Authority (PA) pledges that  
          the agencies will accelerate RPS implementation to meet the 20%  
          goal by 2010, instead of 2017.  The Governor has also endorsed  
          "20% by 2010" and proposed an additional goal of 33% by 2020.  
           
          Currently, two of the three major IOUs appear to be able to meet  
          the 20% by 2010 goal.  Pacific Gas & Electric's (PG&E) current  
          baseline of renewable power is at 13%, while Southern California  
          Edison (SCE) already has 18% of eligible renewable power in its  
          portfolio.  San Diego Gas & Electric (SDG&E) currently only  
          receives 5.5% of its electricity from renewable resources. 

          Due to SDG&E's small renewable electricity baseline and  
          transmission constraints that will limit its ability to procure  
          new renewable power from outside its service territory, SDG&E  
          believes they will not be able to meet a 20% by 2010 goal  
          without the addition of a REC program. 

          3)  Renewable Energy Credits  : The REC program established in this  
          bill will help the IOUs and other retail electric providers meet  
          the accelerated RPS goals by allowing them to purchase the  
          attributes of renewable power without having to purchase  
          unneeded or undeliverable generation.  A REC program will allow  
          the environmental attributes of renewable energy to be unbundled  
          from the energy itself and allow the energy and the attributes  
          to be traded as separate commodities.  A REC program would allow  
          SDG&E to purchase RECs from a wind farm in Northern California  
          while the wind farm sells its electricity output to another  
          retail electricity provider that does not need the environmental  
          attributes.  SDG&E would not need to rely on congested  
          transmission lines for delivery of the actual electricity and  
          instead could produce the needed energy from non-renewable  
          sources within its service territory.  Alternatively, a small  
          retail seller, such as an ESP, who may not be able to sign the  
          long-term contracts necessary to develop new renewable  









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          resources, can buy RECs instead. 

          Since AB 1362 contains explicit provisions against double  
          counting of RECs, the same amount of new renewable power would  
          need to be built to meet RPS as would be needed without a REC  
          program.  However, the REC program will allow the retail  
          providers to more efficiently meet their renewable obligations.   


          Similar trading programs are already in place in Texas and  
          Massachusetts.  Additionally, programs have been in place for  
          some time that allow for the trading of the environmental  
          benefits of reduced SO2 and NOx emissions. 

          While this bill leaves much of the task of developing a REC  
          program to the CEC and the PUC, this bill establishes a narrow  
          definition of RECs and further limits how RECs can be traded.   
          The limits are an effort to prevent a wide open REC market,  
          which might undermine the RPS goal of promoting investment in  
          new renewable resources in California and could create the  
          potential for market gaming.  Specifically, under this bill:

             a)   RECs may only be counted once for compliance with RPS.

             b)   Renewable generators who elect to contract with an IOU  
               under the preferential terms provided to a QF under PURPA  
               may not separately sell the renewable attributes of the  
               electricity they produce as RECs. 

             c)   The PUC may limit the total amount of RECs that can be  
               separately procured to meet annual procurement targets.

          4)  Treatment of REC in existing contracts  : Since no REC program  
          currently exists in California, very few contracts between the  
          retail providers and the renewable generators address the  
          ownership of the environmental attributes as a commodity  
          separate from the generated energy.  A logical assumption is  
          that they are a bundled product. With the creation of a REC  
          program, there is a need to determine how to treat existing  
          contracts that are silent as to how to treat the environmental  
          attribute. 

          If generators are allowed to sell RECs associated with  
          generation already under contract with the IOUs, the current  
          baselines of renewable power for IOUs will decrease, since the  









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          IOU can no longer count that power toward RPS.  This could also  
          lead to a double dipping situation for some renewable generators  
          as they would continue to receive payments from IOUs that  
          reflect that increased costs of renewable generation, but will  
          also be able to sell off the environmental attributes of that  
          generation. 

          To avoid this problem AB 1362 provides that there are no RECs  
          associated with renewable power generated under terms of a  
          contract executed before January 1, 2006, that did not contain  
          explicit terms specifying ownership of energy credits.

           RELATED LEGISLATION  : 

          SB 107 (Perata & Simitian) accelerates the RPS requirement to  
          require retail sellers to procure at least 20% of their  
          electricity from eligible renewable resources by 2010 and allows  
          RECs to be applied toward a retail seller's RPS obligation. The  
          bill also makes changes to existing provisions in the RPS  
          statute that regulated what types of power can be counted toward  
          the RPS and what procedures parties must follow to qualify for  
          SEPs. This bill is currently awaiting action in the Senate  
          Energy, Utilities and Communications Committee.

          AB 1585 (Blakeslee) accelerates the RPS requirement to require  
          retail sellers to procure at least 20% of their electricity from  
          eligible renewable resources by 2010; allows the PUC to require  
          an IOU to continue to add 1% of new renewable resources per year  
          to its portfolio even after the IOU has reached the 20%  
          threshold; requires munis to procure at least 20% their  
          electricity from renewable resources by 2017; and allows RECs to  
          be applied toward a retail seller's RPS obligation. This bill is  
          set for hearing on April 18, 2005, in the Assembly Utilities and  
          Commerce Committee.

          AB 1555 (La Malfa) allows electricity generated from an existing  
          hydroelectric facility that generates more than 30 megawatts of  
          electricity to count toward the California Renewable Portfolio  
          Standard (RPS). This bill is set for hearing on April 18, 2005,  
          in the Assembly Utilities and Commerce Committee.

          SB 1478 (Sher) in the 2003-2004 session accelerated the RPS  
          requirement to require retail sellers to procure at least 20% of  
          their electricity from eligible renewable resources by 2010 and  
          allows RECs to be applied toward a retail seller's RPS  









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          obligation. This bill was vetoed by the Governor.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Amended Federation State County Municipal Employees (AFSCME)
          Coalition of Utilities Employees (CUE)
          California Public Utilities Commission (CPUC) (in concept)
          Clean Power Campaign (with amendments)
          East Bay Municipal Utility District (with amendments)
          National Resources Defense Council (NRDC) (with amendments)
          Pacific Gas & Electric (with amendments)
          Sempra Energy (with amendments)


           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Edward Randolph / U. & C. / (916)  
          319-2083