Bill Text: CA AB56 | 2019-2020 | Regular Session | Amended
Bill Title: Electricity: procurement by the California Alternative Energy and Advanced Transportation Financing Authority.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2019-08-28 - In committee: Reconsideration granted. [AB56 Detail]
Download: California-2019-AB56-Amended.html
Amended
IN
Assembly
March 18, 2019 |
Assembly Bill | No. 56 |
Introduced by Assembly Member Eduardo Garcia |
December 03, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires the Public Utilities Commission (PUC) and the State Energy Resources Conservation and Development Commission (Energy Commission) to undertake various actions in furtherance of meeting the state’s clean energy and pollution reduction objectives.
This bill would require the PUC and the Energy Commission to provide to the Legislature, by March 31, 2020, a joint assessment, as specified, of options for establishing a central statewide entity to procure electricity for all end-use retail customers in the state.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Division 1.7 (commencing with Section 3600) is added to the Public Utilities Code, to read:DIVISION 1.7. California Clean Electricity Authority
CHAPTER 1. General Provisions and Definitions
3600.
In enacting this division, it is the intent of the Legislature to do all of the following:3601.
For purposes of this division, the following definitions apply:CHAPTER 2. Establishment of the California Clean Electricity Authority
3610.
The commission and the Energy Commission may each authorize the establishment of the California Clean Electricity Authority, which shall be established if both commissions authorize the establishment and make all of the following findings:3611.
(a) Upon authorization by both the commission and the Energy Commission, the authority shall be established as a nonprofit, public benefit corporation pursuant to, and subject to, Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.3612.
(a) The authority shall maintain open meeting standards and meeting notice requirements consistent with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).3613.
The authority shall conduct its operation consistent with applicable state laws and in the interests of the people of the state.3614.
The commission and Energy Commission shall each approve the annual operating budget of the authority.CHAPTER 3. Responsibilities of the Authority
3620.
The authority may undertake procurement to support the following objectives:3621.
(a) The authority shall submit annual procurement plans for review and approval by the commission and the Energy Commission as follows:3622.
The commission and Energy Commission, in reviewing and approving the annual procurement plans of the authority, shall base their determinations on the plans’ consistency with the objectives set forth in Section 3620 and on assessments of the procurement commitments made by load-serving entities or local publicly owned electric utilities, as applicable. The reviews shall consider all of the following:3623.
(a) The commission and Energy Commission shall review and accept, modify, or reject the respective procurement plans submitted to them for approval.3624.
The authority shall manage the resale of electricity for its contracted resources. All resale shall occur pursuant to an approved procurement plan consistent with the objective of realizing maximum revenues to reduce the net above-market costs of those resources to end-use retail customers.3625.
Unless otherwise directed by the commission or Energy Commission, the authority shall acquire all environmental, renewable energy, and resource adequacy attributes associated with the electricity procured from its contracted resources. Attributed acquired by the authority shall be retired and shall not be resold or transferred.3626.
The authority shall limit the procurement of new eligible renewable energy resources to products that satisfy the requirements of paragraph (1) of subdivision (b) of Section 399.16.3627.
New construction work resulting from the procurement of newly developed resources under this division shall be deemed public works for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.CHAPTER 4. Adjustment to Compliance Obligations
3630.
(a) (1) The retirement of renewable, environmental, or resource adequacy attributes by the authority shall result in adjustments to specific compliance obligations for a load-serving entity or local publicly owned electric utility assigned to collect the costs incurred for the procurement of those attributes.CHAPTER 5. Cost Recovery
3640.
The authority shall develop and submit annual revenue requirements for review and approval by the commission and Energy Commission to recover the net costs associated with the activities resulting from previously approved procurement plans. The revenue requirements shall, include, at a minimum, all of the following:3641.
(a) For costs incurred on behalf of retail customers of a local publicly owned electric utility, the authority shall be entitled to recover revenue requirements approved by the Energy Commission. Approved revenue requirements shall be a direct obligation of retail end-use customers, with all payments to be remitted to the authority by each local publicly owned electric utility.3642.
(a) For costs incurred on behalf of retail customers of a load-serving entity, the authority shall be entitled to recover revenue requirements approved by the commission. Approved revenue requirements shall be a direct obligation of the retail end-use customers of load-serving entities, with all payments to be remitted to the authority by load-serving entities.SEC. 2.
It is the intent of the Legislature to appropriate five million dollars ($5,000,000) in the annual Budget Act to serve a startup fund for the establishment of the California Clean Electricity Authority, which shall be repaid by the authority.SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.(a)By March 31, 2020, the commission and the Energy Commission shall provide to the Legislature, in compliance with Section 9795 of the Government Code, a joint assessment of options for establishing a statewide central procurement entity on behalf of retail sellers in the state. This assessment shall consider the role of any proposed central procurement entity in doing all of the following:
(1)Entering into long-term contracts for newly developed renewable energy resources, energy storage, and other preferred resources. For these purposes, “preferred resources” means those resources described in the state’s Energy Action Plan II, Implementation Roadmap for Energy Policies, a joint document adopted by the Energy Commission and the commission
(September 21, 2005), as that description of preferred resources may be modified by the commission.
(2)Contracting for renewable energy resources when they are at risk of retirement, if they provide demonstrated environmental and public health benefits to the state, including, but not limited to, benefit from a reduction of toxic and criteria air emissions.
(3)Developing financing tools to minimize the cost of new generation projects.
(b)In conducting the assessment pursuant to subdivision (a), the commission and the Energy Commission shall consider the benefits, costs, and risks of assigning the procurement entity function to any of the following:
(1)A state agency or state power authority.
(2)A person or corporation, whether for-profit or nonprofit.
(3)An existing retail supplier, electrical corporation, or local publicly owned electric utility.
(c)The assessment shall evaluate the need for, and appropriate design of, the following features of a central procurement structure:
(1)The recovery of reasonable and prudent administrative and procurement costs through the retail rates of end-use customers in a fair and equitable manner.
(2)The process for advance review and up-front approval of any procurement commitments.
(3)Methods of assigning specific responsibilities to the procurement entity based on the outcome of state resource planning processes and
other need determinations.
(4)Options for voluntary participation or self-provision of required resources by a retail seller, as defined in Section 399.12.
(5)A reasonable and legally defensible approach to evaluating the local environmental, reliability, air quality, and public health benefits of various resources solicited by the procurement entity. This approach shall include consideration of ways to minimize emissions of criteria pollutants, toxic air contaminants, and greenhouse gases, protect public health, and reduce environmental impacts of resources to the maximum extent feasible.
(d)The commission and the Energy Commission shall conduct a joint public process for completing the assessment and shall solicit comments from interested stakeholders.
(e)Pursuant to Section 10231.5 of the Government Code, this section becomes inoperative on March 31, 2024, and is repealed on January 1, 2025.