BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 107|
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                                 THIRD READING


          Bill No:  SB 107
          Author:   Simitian (D)
          Amended:  5/4/05
          Vote:     21

           
           SEN. ENERGY, UTIL. & COMMUNICATIONS  COMM.  :  7-3, 4/26/05
          AYES:  Escutia, Alarcon, Bowen, Dunn, Kehoe, Murray,  
            Simitian
          NOES:  Morrow, Battin, Cox
          NO VOTE RECORDED:  Campbell

           SENATE APPROPRIATIONS COMMITTEE  :  8-5, 5/26/05
          AYES:  Migden, Alarcon, Alquist, Escutia, Florez, Murray,  
            Ortiz, Romero
          NOES:  Aanestad, Ashburn, Battin, Dutton, Poochigian


           SUBJECT  :    Renewable energy

           SOURCE  :     Author


           DIGEST  :    This bill accelerates the Renewables Portfolio  
          Standard (RPS) requirement from 2017 to 2010.  The RPS is a  
          program that requires investor-owned utilities to, among  
          other things, achieve a 20 percent renewable electricity  
          portfolio.  The bill also makes other several other  
          changes.

           ANALYSIS  :    Current law establishes the RPS program,  
          administered by the Public Utilities Commission (PUC),  
          which requires investor-owned utilities (IOUs) to, among  
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          other things, achieve a 20 percent renewable electricity  
          portfolio by 2017.  The Energy Action Plan, adopted by the  
          state's energy agencies, proposes to accelerate the RPS 20  
          percent goal to 2010.  

          This bill accelerates the deadline to 2010.  It also  
          requires the California Energy Commission (CEC) to review  
          the feasibility of increasing the RSP target to 33 percent  
          by 2020.

          Under current law, local publicly-owned electric utilities  
          are not subject to the same RPS standards and process as  
          the IOUs, but are required to implement and enforce their  
          own RPS programs.

          The bill requires the CEC to, using existing resources,  
          recommend ways to encourage local publicly-owned electric  
          utilities to implement RPS programs that meet certain  
          criteria.

          Under existing law, IOUs must purchase renewable  
          electricity from eligible resources in order to satisfy  
          their RPS obligations (they may not purchase unbundled  
          renewable energy credits to meet their obligations).

          This bill requires the CEC to establish a system for  
          tracking renewable energy credits.  This generally codifies  
          current practice.

          Current law also establishes the public goods charge (PGC),  
          which is a surcharge imposed on electricity bills to fund  
          various programs, including the Renewable Energy Program  
          (REP).  $135 million is located annually, of which 10  
          percent, or $13.5 million, is required to be used for  
          credits to customers that entered into a direct  
          transaction, by a specified date, for the purchase of  
          renewable energy.  In 2003, the CEC suspended the customer  
          credits program and reallocated the funds to other  
          programs.

          This bill repeals the direct access customer credits  
          program.

          The bill also makes a number of other changes.







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           Related Legislation

           AB 1362 (Levine), pending in the Assembly, permits  
          unlimited renewable energy credit trading for RPS  
          compliance.

          AB 1585 (Blakeslee), pending in the Assembly, requires the  
          CEC to study the feasibility of attaining a 33 percent RPS  
          standard.

           Prior Legislation

          SB 1478 (Sher) -- 2003-04 Session)  .  Similar to this bill  
          and was vetoed by Governor Schwarzenegger.  In his veto  
          message, the Governor stated, among other things, that he  
          appreciated the effort to attempt to codify his goal of  
          accelerating the renewable energy portfolio standard;  
          however, the bill contained an onerous provision related to  
          energy credit trading.  This bill does not limit the number  
          of energy credit trades.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

                          Fiscal Impact (in thousands)

           Major Provisions             2005-06             2006-07          
            2007-08           Fund

           PUC                                 $  279              $  
          558              $ 558          Special*
                                                 Costs should be  
          offset by fee revenues.

          CEC                                 $    42              $   
           84              $   84          Special**

            *Public Utilities' Reimbursement Account 
          **Energy Resources Programs Account 

           SUPPORT  :   (Verified  5/26/05)

          Clean Power Campaign







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          East Bay Municipal Utility District
          Independent Energy Producers
          Sierra Club California
          The Utility Reform Network
          Union of Concerned Scientists

           OPPOSITION  :    (Verified  5/26/05)

          California Council for Environmental and Economic Balance
          Calpine
          Constellation New Energy
          Pacific Gas and Electric Company
          Sempra Energy
          Southern California Edison


          NC:cm  5/28/05   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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