BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 107
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          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  








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            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.














































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           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  








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            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