BILL ANALYSIS SB 107 Page 1 Date of Hearing: August 25, 2005 ASSEMBLY COMMITTEE ON APPROPRIATIONS Judy Chu, Chair SB 107 (Simitian) - As Amended: July 13, 2005 Policy Committee: UtilitiesVote:7-3 Natural Resources 7-3 Urgency: No State Mandated Local Program: Yes Reimbursable: Yes SUMMARY This bill accelerates the state's 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. Specifically, this bill: 1)Requires all retail sellers of electricity except local publicly owned electric utilities (munis) to procure at least 20% of their sold electricity from eligible renewable resources by 2010 instead of 2017. 2)Requires each municipal utility to annually prepare a report to the California Energy Commission (CEC) on the mix of eligible renewable resources used in their portfolio and on progress toward meeting their RPS. 3)Defines Renewable Energy Credit (REC) to mean a certificate that one unit of electricity was generated by an eligible renewable energy resource and includes all renewable and environmental attributes associated with the production of electricity, except for emission reduction credits. 4)Requires the CEC to develop a system to certify, track and verify RECs produced by renewable energy resources. 5)Provides that RECs unbundled from the electricity cannot be used to satisfy the RPS requirements. FISCAL EFFECT 1)The PUC indicates an ongoing need for four positions at a cost SB 107 Page 2 of $380,000 for increased compliance workload related to the accelerated RPS and to implement the REC program. [Public Utilities Reimbursement Account] 2)Absorbable costs to the CEC, which along with other Western states, is already establishing a tracking system for renewable energy sales. SB 107 Page 3 COMMENTS 1)Background . SB 1078 (Sher), Statutes of 2002, created California's RPS, under which the IOUs are required to increase their renewable procurement by at least 1% each year such that 20% of their sales are from renewable energy sources by December 31, 2017. Once a 20% threshold 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 Supplement Energy Payments (SEPs) 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 are available to pay for SEPs. (The PGC is a separate electricity rate component that funds energy efficiency, renewable energy research, and related programs.) If no PGC funds are available, the retail energy providers are not required to purchase additional renewable power. 2)Accelerated RPS Compliance : The "Energy Action Plan"(EAP) adopted by the PUC, the CEC and the Power Authority (PA) pledges that the agencies will accelerate RPS implementation (consistent with this bill) 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. 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. 3)Related Legislation . AB 1362 (Levine), which contained many provisions similar to this bill and passed off this committee's Suspense file in May, has since been amended simply to accelerate the RPS standard. 4)Prior Legislation . In 2004, SB 1478 (Sher) accelerated the RPS SB 107 Page 4 target to 20% by 2010, but also contained provisions allowing RECs to be eligible for RPS compliance. Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081