BILL ANALYSIS                                                                                                                                                                                                            1
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                 SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                             MARTHA M. ESCUTIA, CHAIRWOMAN
          

          SB 1048 -  Machado                                Hearing Date:   
          May 3, 2005                S
          As Amended:         April 14, 2005                Non-FISCAL        
          B

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                                       DESCRIPTION
           
           Existing law  requires the California Public Utilities Commission  
          (CPUC) to administer the Self-Generation Incentive Program (SGIP)  
          until 2008, and prescribes emission standards for eligible  
          gas-fired distributed generation projects.  Projects which provide  
          a net air emissions benefit and operate solely on natural gas  
          unsuitable for delivery to the utility pipeline system (i.e. waste  
          gas) are eligible for financial incentives under the SGIP.

           This bill  expresses legislative intent that: 

             1.   Distributed generation projects are developed to use  
               natural gas produced in association with oil production (i.e.  
               waste gas).

             2.   Such projects reduce air pollution, as well as benefit  
               consumers and project owners.

                                       BACKGROUND
           
          The CPUC's SGIP offers ratepayer-funded financial incentives for  
          installation of photo-voltaics, fuel cells, and certain gas-fired  
          distributed generation projects up to one megawatt in size.   
          Internal combustion engines and micro-turbines using waste heat  
          recovery (i.e. co-generation) are eligible for rebates of $1.00  
          per watt, up to 30% of total project cost.  By virtue of a CPUC  
          decision, projects eligible for the SGIP also get an additional,  
          substantial benefit - exemption from payment for un-recovered  
          electricity procurement costs incurred by the investor-owned  
          utilities and the Department of Water Resources.  The incentive  










        payment itself is worth less than the ability to avoid these  
        lingering energy crisis costs.

        Waste gas is a by-product of oil production, most prevalent in the  
        Kern County and the Long Beach areas.  Waste gas was once used to  
        fuel oil field pumps, but air quality regulations have required  
        conversion to electric pumps, simultaneously "stranding" the gas  
        and creating additional electricity demand.  Waste gas is now  
        disposed of via flaring, which causes air pollution, or  
        re-injection into the oil wells, which consumes more energy.

        According to the South Coast Air Quality Management District,  
        flaring is not permitted as part of the ordinary oil production or  
        refining process, but is permitted for "emergency" situations.   
        Genuine emergency flaring typically results from an upset in the  
        oil production process in which the quantity and quality of gas is  
        unpredictable and probably would not be suitable to meet the  
        regular fuel requirements of an electric generator, although oil  
        producers say "emergency" flares in the Long Beach area burn  
        continuously.  

        Waste gas now regularly disposed of using process flares, which  
        are more prevalent at oil production sites in Kern County, may be  
        more suitable to meet the regular fuel requirements of small  
        electric generators.  These generators could meet electricity  
        demand from pumps and other oil field facilities and perhaps  
        generate surplus electricity for sale to electric utilities.

        Oil producers have justified SGIP eligibility for distributed  
        generation projects fueled by waste gas, even if the project  
        doesn't meet the conventional emission standards, on the basis  
        that excess waste gas now flared by oil producers will be  
        recovered and burned in a controlled manner to produce  
        electricity, resulting in lower net emissions.  Waste gas may be  
        an economical fuel source for distributed generation projects,  
        which may lead to two public benefits - low-cost electricity and  
        reduced air pollution from flares.  According to oil producers,  
        the Energy Information Administration reported in 2001 that  
        California could have generated about 850 megawatts of electricity  
        from gas that was flared or re-injected.

                                      COMMENTS
         
         What will be the mechanism to develop these projects?   Currently,  
        this bill is merely a statement of intent reflecting the theory  









          that waste gas now flared can be harnessed to produce electricity  
          economically.   The author and the committee may wish to consider   
          how this theory can be tested and/or carried out.  One alternative  
          would be to initiate a demonstration project between an oil  
          producer and an electric utility.  The Independent System Operator  
          may also need to participate to ensure that the small increments  
          of electricity produced by each waste-gas generator can be  
          scheduled onto the transmission grid.  Another alternative would  
          be to require electric utilities to purchase the output of a  
          waste-gas generator if it is priced below their average generation  
          cost.  Finally, waste gas generation meeting stringent  
          environmental standards could be granted status as an "eligible  
          renewable energy resource" under the California Renewable  
          Portfolio Standard (RPS), as landfill gas is, and allowed to bid  
          into electric utilities' RPS solicitations.

                                        POSITIONS
           
           Sponsor:
           
          Author

           Support:
           
          California Independent Petroleum Association
          California Oil Producers Electric Cooperative

           Oppose:
           
          The Utility Reform Network

          
          Lawrence Lingbloom 
          SB 1048 Analysis
          Hearing Date:  May 3, 2005