BILL ANALYSIS AB 1362 Page A ASSEMBLY THIRD READING AB 1362 (Levine) As Amended May 27, 2005 Majority vote UTILITIES & COMMERCE 8-3 NATURAL RESOURCES 7-3 ----------------------------------------------------------------- |Ayes:|Levine, Baca, Blakeslee, |Ayes:|Hancock, Pavley, Koretz, | | |Cohn, | |Laird, Nava, Saldana, | | |De La Torre, Jerome | |Wolk | | |Horton, Montanez, | | | | |Ridley-Thomas | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Bogh, Keene, Wyland |Nays:|La Malfa, Harman, Keene | | | | | | ----------------------------------------------------------------- APPROPRIATIONS 13-5 ----------------------------------------------------------------- |Ayes:|Chu, Bass, Berg, | | | | |Calderon, Mullin, | | | | |Karnette, Klehs, Leno, | | | | |Nation, Oropeza, | | | | |Ridley-Thomas, Saldana, | | | | |Yee | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Sharon Runner, Emmerson, | | | | |Haynes, Nakanishi, | | | | |Walters | | | ----------------------------------------------------------------- SUMMARY : Accelerates the 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 AB 1362 Page B least 20% of the total electricity sold from eligible renewable resources by 2010. 2)Authorizes a 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 specified limitations. 3)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. 4)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. 5)Clarifies that renewable electricity produced outside of California may be counted toward a retail seller's RPS if the electricity is delivered to California. 6)Provides that renewable power that is net metered under a retail seller net metering tariff shall count toward the seller's RPS. EXISTING LAW : 1)Requires retail sellers of electricity, except 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 inclued 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. FISCAL EFFECT : Ongoing need for five positions at a cost of AB 1362 Page C $560,000 for increased compliance workload related to the accelerated RPS and to implement the REC program at the California Public Utilities Commission (PUC) and absorbable costs at CEC. 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. SB 1078 (Sher), Chapter 576, Statutes of 2002, creates California's RPS. Under RPS, 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. 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 IOUs, but instead must implement and enforce their own RPS program that recognizes the intent of the Legislature to encourage renewable resources. RPS also allows new renewable energy providers to apply to CEC for Supplemental Energy Payments (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 PUC. This difference represents the above market costs of renewable power, thus SEPs assure that ratepayers do not pay more for renewable power. RPS requires IOUs, and certain other retail energy providers, to buy renewable electricity to the extent Public Goods Charges (PGC) funds 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 "Energy Action Plan" adopted by PUC, 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 AB 1362 Page D 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. 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 resources, can buy RECs instead. Since this bill 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. For further discussion or RECs see the Utilities and Commerce Committee analysis on this bill. AB 1362 Page E Analysis Prepared by : Edward Randolph / U. & C. / (916) 319-2083 FN: 0010852