BILL ANALYSIS                                                                                                                                                                                                    




                                                                  AB 1362
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          ASSEMBLY THIRD READING
          AB 1362 (Levine)
          As Amended May 27, 2005
          Majority vote 

           UTILITIES & COMMERCE     8-3    NATURAL RESOURCES   7-3         
           
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          |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  









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            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
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          $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  









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          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
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           Analysis Prepared by  :    Edward Randolph / U. & C. / (916)  
          319-2083        


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                                                       0010852