BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 590


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          ASSEMBLY THIRD READING


          AB  
          590 (Dahle and Salas)


          As Amended  May 28, 2015


          Majority vote


           ----------------------------------------------------------------- 
          |Committee       |Votes |Ayes                |Noes                |
          |                |      |                    |                    |
          |                |      |                    |                    |
          |----------------+------+--------------------+--------------------|
          |Natural         |9-0   |Williams, Dahle,    |                    |
          |Resources       |      |                    |                    |
          |                |      |                    |                    |
          |                |      |Cristina Garcia,    |                    |
          |                |      |Hadley, Harper,     |                    |
          |                |      |McCarty, Rendon,    |                    |
          |                |      |Mark Stone, Wood    |                    |
          |                |      |                    |                    |
          |----------------+------+--------------------+--------------------|
          |Utilities       |15-0  |Rendon, Patterson,  |                    |
          |                |      |Achadjian, Bonilla, |                    |
          |                |      |Burke, Dahle,       |                    |
          |                |      |Eggman,             |                    |
          |                |      |                    |                    |
          |                |      |                    |                    |
          |                |      |Cristina Garcia,    |                    |
          |                |      |Hadley, Roger       |                    |
          |                |      |Hernández,          |                    |
          |                |      |Obernolte, Quirk,   |                    |
          |                |      |Santiago, Ting,     |                    |
          |                |      |Williams            |                    |








                                                                       AB 590


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          |                |      |                    |                    |
          |----------------+------+--------------------+--------------------|
          |Appropriations  |17-0  |Gomez, Bigelow,     |                    |
          |                |      |Bonta, Calderon,    |                    |
          |                |      |Chang, Daly,        |                    |
          |                |      |Eggman, Gallagher,  |                    |
          |                |      |                    |                    |
          |                |      |                    |                    |
          |                |      |Eduardo Garcia,     |                    |
          |                |      |Gordon, Holden,     |                    |
          |                |      |Jones, Quirk,       |                    |
          |                |      |Rendon, Wagner,     |                    |
          |                |      |Weber, Wood         |                    |
          |                |      |                    |                    |
          |                |      |                    |                    |
           ----------------------------------------------------------------- 


          SUMMARY:  Provides that moneys in the Greenhouse Gas Reduction  
          Fund (GGRF) may be made available, upon appropriation by the  
          Legislature, to the California Energy Commission (CEC) for  
          purposes of maintaining the current level of biomass power  
          generation in the state and revitalizing currently idle facilities  
          in strategically located regions.


          EXISTING LAW:  


          1)Requires the Air Resources Board (ARB), pursuant to California  
            Global Warming Solutions Act of 2006 [AB 32 (Núñez), Chapter  
            488, Statutes of 2006], to adopt a statewide greenhouse gas  
            (GHG) emissions limit equivalent to 1990 levels by 2020 and  
            adopt regulations to achieve maximum technologically feasible  
            and cost-effective GHG emission reductions.
          2)Authorizes ARB to permit the use of market-based compliance  
            mechanisms to comply with GHG reduction regulations, once  
            specified conditions are met.









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          3)Establishes the GGRF and requires all moneys, except for fines  
            and penalties, collected by ARB from the auction or sale of  
            allowances pursuant to a market-based compliance mechanism  
            (i.e., the cap-and-trade program adopted by ARB under AB 32) to  
            be deposited in the Fund and available for appropriation by the  
            Legislature.


          4)Establishes the GGRF Investment Plan and Communities  
            Revitalization Act [AB 1532 (John A. Pérez), Chapter 807,  
            Statutes of 2012] to set procedures for the investment of GHG  
            allowance auction revenues.  AB 1532 authorizes a range of GHG  
            reduction investments and establishes several additional policy  
            objectives.


          5)Requires the investment plan to allocate:  1) a minimum of 25%  
            of the available moneys in the fund to projects that provide  
            benefits to identified disadvantaged communities; and, 2) a  
            minimum of 10% of the available moneys in the fund to projects  
            located within identified disadvantaged communities [SB 535 (De  
            León), Chapter 830, Statutes of 2012].  


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee:


          1)Unknown cost pressures (GGRF).


          2)Annual CEC administrative costs between $1.8 and $2.3 million  
            (GGRF) for the duration of the program. 


          3)Annual costs between $175,000 and $316,000 (GGRF) for ARB to  
            coordinate with CEC on program development, implementation and  
            the quantification of GHG reductions to establish the legal  








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            nexus for the use of cap and trade revenue funds.


          COMMENTS:  Biomass is a waste and byproduct consisting of organic  
          residues from plants and animals which are obtained primarily from  
          harvesting and processing agricultural and forestry crops, and can  
          be utilized as fuels for producing energy.  Examples of biomass  
          include, forest slash, urban wood waste, lumber waste,  
          agricultural wastes, etc.


          At its peak, California's biomass industry produced 800 megawatts  
          (MW) of electricity from 66 direct combustion biomass facilities.   
          By 1996, the energy production from biomass had dwindled to about  
          590 MW.  Currently there are still about 30 direct combustion  
          biomass facility operations with a capacity of 640 MW.  The  
          reduction in biomass energy produced was a result of the  
          expiration of price support and incentives provided to the biomass  
          industry from the state. 


          According to the author, California is in danger of losing the one  
          asset it has to divert forest fuel reduction residues and other  
          wood waste materials today.  In the last 12 months alone  
          California has closed five biomass facilities due to expired  
          contracts and poor economics.  This bill provides cost sharing  
          strategies essential for resolving this problem.


          The 2014-15 Budget Act allocates cap-and-trade revenues for the  
          2014-15 Fiscal Fear and establishes a long-term plan for the  
          allocation of cap-and-trade revenues beginning in Fiscal Year  
          2015-16.  The Budget continuously appropriates 35% of  
          cap-and-trade funds for investments in transit, affordable  
          housing, and sustainable communities.  Twenty-five percent of the  
          revenues are continuously appropriated to continue the  
          construction of high-speed rail.  The remaining 40% will be  
          appropriated annually by the Legislature for investments in  
          programs that include low-carbon transportation, energy efficiency  








                                                                       AB 590


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          and renewable energy, and natural resources and waste diversion.   
          No funds have been specifically appropriated for biomass power  
          generation.




          Analysis Prepared by:                                               
                          Lawrence Lingbloom / NAT. RES. / (916) 319-2092     
                                                                    FN:  
          0000870