Bill Text: CA AB2196 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Renewable energy resources.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2012-09-27 - Chaptered by Secretary of State - Chapter 605, Statutes of 2012. [AB2196 Detail]

Download: California-2011-AB2196-Introduced.html

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BILL NUMBER: AB 2196	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chesbro
   (Coauthor: Assembly Member Skinner)

                        FEBRUARY 23, 2012

   An act to amend Section 25741 of the Public Resources Code,
relating to energy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2196, as introduced, Chesbro. Renewable energy resources.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations,
as defined, while local publicly owned electric utilities, as
defined, are under the direction of their governing board. The
existing Renewables Portfolio Standard Program (RPS program) requires
a retail seller of electricity, as defined, and local publicly owned
electric utilities to purchase specified minimum quantities of
electricity products from eligible renewable energy resources, as
defined, for specified compliance periods. The specified minimum
quantities of electricity products are based upon a percentage of the
utility's total retail sales of electricity in California.
   This bill would provide that if the RPS program eligibility of a
facility is based on the use of landfill gas, digester gas, or
another renewable fuel delivered to the facility through a common
carrier pipeline, the transaction, including the source of the fuel
and delivery method, shall meet certain conditions, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25741 of the Public Resources Code is amended
to read:
   25741.  As used in this chapter, the following terms have the
following meaning:
   (a) "Renewable electrical generation facility" means a facility
that meets all of the following criteria:
   (1) The facility uses biomass, solar thermal, photovoltaic, wind,
geothermal, fuel cells using renewable fuels, small hydroelectric
generation of 30 megawatts or less, digester gas, municipal solid
waste conversion, landfill gas, ocean wave, ocean thermal, or tidal
current, and any additions or enhancements to the facility using that
technology.
   (2) The facility satisfies one of the following requirements:
   (A) The facility is located in the state or near the border of the
state with the first point of connection to the transmission network
of a balancing authority area primarily located within the state.
For purposes of this subparagraph, "balancing authority area" has the
same meaning as defined in Section 399.12 of the Public Utilities
Code.
   (B) The facility has its first point of interconnection to the
transmission network outside the state, within the Western
Electricity Coordinating Council (WECC) service area, and satisfies
all of the following requirements:
   (i) It commences initial commercial operation after January 1,
2005.
   (ii) It will not cause or contribute to any violation of a
California environmental quality standard or requirement.
   (iii) It participates in the accounting system to verify
compliance with the renewables portfolio standard once established by
the commission pursuant to subdivision (b) of Section 399.25 of the
Public Utilities Code.
   (C) The facility meets the requirements of clauses (ii) and (iii)
in subparagraph (B), but does not meet the requirements of clause (i)
of subparagraph (B) because it commenced initial operation prior to
January 1, 2005, if the facility satisfies either of the following
requirements:
   (i) The electricity is from incremental generation resulting from
expansion or repowering of the facility.
   (ii) Electricity generated by the facility was procured by a
retail seller or local publicly owned electric utility as of January
1, 2010.
   (3) If the facility is outside the United States, it is developed
and operated in a manner that is as protective of the environment as
a similar facility located in the state. 
   (4) If eligibility of the facility is based on the use of landfill
gas, digester gas, or another renewable fuel delivered to the
facility through a common carrier pipeline, the transaction,
including the source of the fuel and delivery method, meets
conditions comparable to Section 399.16 of the Public Utilities Code
and is verified pursuant to the accounting system established by the
commission pursuant to 399.25 of the Public Utilities Code, or a
comparable system, as determined by the commission. 
   (b) "Municipal solid waste conversion," as used in subdivision
(a), means a technology that uses a noncombustion thermal process to
convert solid waste to a clean-burning fuel for the purpose of
generating electricity, and that meets all of the following criteria:

   (1) The technology does not use air or oxygen in the conversion
process, except ambient air to maintain temperature control.
   (2) The technology produces no discharges of air contaminants or
emissions, including greenhouse gases as defined in Section 38505 of
the Health and Safety Code.
   (3) The technology produces no discharges to surface or
groundwaters of the state.
   (4) The technology produces no hazardous wastes.
   (5) To the maximum extent feasible, the technology removes all
recyclable materials and marketable green waste compostable materials
from the solid waste stream prior to the conversion process and the
owner or operator of the facility certifies that those materials will
be recycled or composted.
   (6) The facility at which the technology is used is in compliance
with all applicable laws, regulations, and ordinances.
   (7) The technology meets any other conditions established by the
commission.
   (8) The facility certifies that any local agency sending solid
waste to the facility diverted at least 30 percent of all solid waste
it collects through solid waste reduction, recycling, and
composting. For purposes of this paragraph, "local agency" means any
city, county, or special district, or subdivision thereof, which is
authorized to provide solid waste handling services.
   (c) "Renewable energy public goods charge" means that portion of
the nonbypassable system benefits charge required to be collected to
fund renewable energy pursuant to the Reliable Electric Service
Investments Act (Article 15 (commencing with Section 399) of Chapter
2.3 of Part 1 of Division 1 of the Public Utilities Code).
   (d) "Report" means the report entitled "Investing in Renewable
Electricity Generation in California" (June 2001, Publication Number
P500-00-022) submitted to the Governor and the Legislature by the
commission.
   (e) "Retail seller" means a "retail seller" as defined in Section
399.12 of the Public Utilities Code.