Bill Text: CA AB1161 | 2021-2022 | Regular Session | Amended
Bill Title: Electricity: eligible renewable energy and zero-carbon resources: state agencies: procurement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1161 Detail]
Download: California-2021-AB1161-Amended.html
Amended
IN
Assembly
April 13, 2021 |
Amended
IN
Assembly
March 22, 2021 |
Introduced by Assembly Member Eduardo Garcia |
February 18, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:SEC. 2.
Division 27.5 (commencing with Section 80400) is added to the Water Code, to read:DIVISION 27.5. Clean Economy and Clean Jobs Stimulus Act of 2021
CHAPTER 1. General Provisions
80400.
This division shall be known, and may be cited, as the Clean Economy and Clean Jobs Stimulus Act of 2021.80401.
For purposes of this division, the following definitions apply:CHAPTER 2. Procurement of Eligible Energy Resources
80410.
(a) The department shall procure newly developed eligible energy resources, and energy storage facilities associated with those resources, in an amount that satisfies 100 percent of the electricity procured to serve all state agencies by December 31, 2030.80411.
Each eligible energy resource procured pursuant to Section 80410 shall meet all of the following:80412.
In conducting the procurement required pursuant to Section 80410, the department shall do all of the following:(2)In implementing paragraph (1), the department shall review recent confidential pricing information collected by the commission or obtained from load-serving entities, and consult the two largest electrical corporations in the state.
(3)The department may subcontract with those two electrical corporations to conduct the competitive solicitations as agents of the department.
(4)The department shall not disclose any confidential information from the commission or the load-serving entities, and that information and
any pricing information received as part of a bidding process is not subject to public disclosure pursuant to the Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). A contract executed by the department pursuant to this division is subject to that act is shall be disclosed when the contract is executed.
(5)This subdivision does not prevent the department or an electrical corporation from consulting with nonmarket participants pursuant to a nondisclosure agreement.
80413.
The department shall consider doing all of the following to reduce the costs of procurement pursuant to this division:80414.
The department shall invite load-serving entities and local publicly owned electric utilities to voluntarily subscribe to a portion of any procurement commitments made pursuant to this division. Any subscription shall be made available at the department’s cost.80415.
Except for quantities subject to the voluntary subscription described in Section 80414, all procurement pursuant to this division shall be used first to meet the department’s own needs. Additional quantities shall be used to meet the accelerated zero-carbon resource targets for other state agencies. Any renewable energy credits associated with meeting the need of a state agency shall be retired and80416.
The procurement conducted by the department pursuant to this division on behalf of state agencies shall not result in a state agency switching its retail service away from an existing load-serving entity or local publicly owned electric utility.80417.
80418.
For purposes of calculating procurement requirements under the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code), a retail seller or local publicly owned electric utility may exclude the retail sales of its state agency80419.
The Independent System Operator, other California balancing authorities, and electrical corporations shall expedite all interconnection requests for projects providing energy procured pursuant to this division to the extent permissible under federal law.80420.
The department shall enter into an agreement pursuant to this division to procure eligible energy resources from a new energy generation facility only if the seller requires its contractors to use a multicraft project labor agreement, as that term is defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code, for construction of the facility. Those project labor agreements shall conform to the industry standard agreements recently used for other similar private projects, including side letters for high-voltage transmission and related work.The commission shall require all load-serving entities to provide to the department any information the department requests to carry out this division. Any market sensitive pricing information provided is not subject to public disclosure pursuant to the Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). This section does not prevent the department or any electrical corporation from consulting with nonmarket participants pursuant to a nondisclosure agreement.
CHAPTER 3. Fiscal Provisions
80430.
The department shall recover the costs of any eligible energy resources it procures on behalf of state agencies pursuant to this division through the following:80431.
Any costs for procured eligible energy resources not recovered from the sources identified in Section 80430 shall be recovered directly from the state agency consumers of the electricity, on a pro rata basis.The Legislature finds and declares that Section 2 of this act, which adds Sections 80412 and 80421 to the Water Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The benefits of protecting sensitive pricing information from public disclosure, which is necessary for a functioning competitive marketplace for electricity, outweigh the benefits of public disclosure of that information.