Bill Text: CA AB2498 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Income taxation: abusive tax avoidance transactions:

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-06-30 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2498 Detail]

Download: California-2009-AB2498-Amended.html

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BILL NUMBER: AB 2498	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 19, 2010

   An act to amend Section  2840.6   2840.2
 of the Public Utilities Code, relating to energy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2498, as amended, Skinner. Combined heat and power systems.
   The existing Waste Heat and Carbon Emissions Reduction Act
authorizes the Public Utilities Commission to require an electrical
corporation to purchase excess electricity, as defined, from an
eligible customer, as defined, of the electrical corporation that is
delivered by a combined heat and power system, as defined, that
complies with the sizing, energy efficiency, and air pollution
control requirements of the act.  The act states the intent
of the Legislature that state policies dramatically advance the
efficiency of the state's use of natural gas by capturing unused
waste heat, and in so doing, help offset the growing crisis in
electricity supply and transmission congestion in the state.
 
   This bill would make a technical, nonsubstantive revision to these
provisions.  
   This bill would redefine combined heat and power system and
greenhouse gas or greenhouse gases for purposes of the act. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 2840.2 of the   Public
Utilities Code   is amended to read: 
   2840.2.  For purposes of this article, the following terms have
the following meanings:
   (a) "Combined heat and power system" means a system that produces
both electricity and thermal energy for heating or cooling from a
single fuel input that meets all of the following:
   (1) Is interconnected to, and operates in parallel with, the
electric transmission and distribution grid.
   (2) Is sized to meet the eligible customer-generator's onsite
thermal demand.
   (3) Meets the efficiency standards of subdivisions (a) and (d)
 of Section 2843  ,  and  the greenhouse
gases emissions performance standard of subdivision (f) of Section
2843  , and any applicable greenhouse gas emission reduction
measure adopted by the State Air Resources Board pursuant to Division
25.5 (commencing with Section 38500)of the Health and Safety Code
 .
   (b) "Eligible customer-generator" means a customer of an
electrical corporation that meets both of the following requirements:

   (1) Uses a combined heat and power system with a generating
capacity of not more than 20 megawatts, that first commences
operation on or after January 1, 2008.
   (2) Uses a time-of-use meter capable of registering the flow of
electricity in two directions. If the existing electrical meter of an
eligible customer-generator is not capable of measuring the flow of
electricity in two directions, the eligible customer-generator shall
be responsible for all expenses involved in purchasing and installing
a meter that is able to measure electricity flow in two directions.
If an additional meter or meters are installed, the electricity flow
calculations shall yield a result identical to that of a time-of-use
meter.
   (c) "Electrical corporation" has the same meaning as defined in
Section 218.
   (d) "Energy Commission" means the State Energy Resources
Conservation and Development Commission.
   (e) "Excess electricity" means the net electricity exported to the
electrical grid, generated by a combined heat and power system that
is in compliance with Section 2843.
   (f) "Greenhouse gas" or "greenhouse gases"  includes all
of the following gases: carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride
  shall have the same meanings as defined in Section
38505 of the Health and Safety Code  . 
  SECTION 1.    Section 2840.6 of the Public
Utilities Code is amended to read:
   2840.6.  (a) It is the intent of the Legislature that state
policies dramatically advance the efficiency of the state's use of
natural gas by capturing unused waste heat, and in so doing, help
offset the growing crisis in electricity supply and to relieve
transmission congestion in the state.
   (b) It is the intent of the Legislature to reduce wasteful
consumption of energy through improved residential, commercial,
institutional, industrial, and manufacturer utilization of waste heat
whenever it is cost effective, technologically feasible, and
environmentally beneficial, particularly when this reduces emissions
of carbon dioxide and other carbon-based greenhouse gases.
   (c) It is the intent of the Legislature to support and facilitate
both customer- and utility-owned combined heat and power systems.
   (d) This article does not apply to, and shall not impact, combined
heat and power systems in operation prior to January 1, 2008, or
combined heat and power systems with a generating capacity greater
than 20 megawatts.