Bill Text: CA SB100 | 2017-2018 | Regular Session | Amended
Bill Title: California Renewables Portfolio Standard Program: emissions of greenhouse gases.
Spectrum: Partisan Bill (Democrat 31-0)
Status: (Passed) 2018-09-10 - Chaptered by Secretary of State. Chapter 312, Statutes of 2018. [SB100 Detail]
Download: California-2017-SB100-Amended.html
Amended
IN
Senate
May 26, 2017 |
Amended
IN
Senate
May 17, 2017 |
Amended
IN
Senate
May 01, 2017 |
Senate Bill | No. 100 |
Introduced by Senator De León |
January 11, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
(2)Existing law requires the PUC to adopt policies and programs that promote the in-state production and distribution of biomethane, as defined, that facilitate the development of a variety of sources of in-state biomethane.
This bill would authorize the PUC to establish a requirement that gas sellers, as defined, procure a minimum percentage of biomethane
or renewable gas, as defined, from sources that reduce emissions of short-lived climate pollutants in the state. The bill would require gas corporations to deliver biomethane or renewable gas from producers to the pipeline system.
(3)
(4)Existing law requires the PUC, in cooperation with the Energy Commission, the state board, air quality management districts and air pollution control districts, electrical and gas corporations, and the motor vehicle industry, to evaluate and implement policies to promote the development of equipment and infrastructure needed to facilitate the use of electric power and natural gas to fuel low-emission vehicles.
This bill would require the
PUC, in consultation with the state board and the Energy Commission, to direct gas corporations to file applications to implement programs to facilitate fueling with renewable gas to replace diesel-fueled heavy-duty trucks with near-zero-emission vehicles.
(5)Existing law requires the Office of Environmental Health Hazard Assessment (OEHHA), in consultation with the state board, the Department of Toxic Substances Control, the Department of Resources Recycling and Recovery, and the California Environmental Protection Agency, to compile a list of constituents of concern that could pose risks to human health and that are found in biogas, as defined, at concentrations that significantly exceed the concentrations of those constituents in natural gas. Existing law requires OEHHA to determine the health protective levels for that list, as specified, and requires the state board to identify realistic exposure scenarios and the health risks associated
with those scenarios, as specified. Existing law requires the state board to determine the appropriate concentrations of those constituents, as specified. Existing law requires the PUC to adopt, by rule or order, (A) standards for biomethane, as defined, that specify the concentrations of constituents of concern that are reasonably necessary to protect public health and ensure pipeline integrity and safety, as specified, and (B) requirements for monitoring, testing, reporting, and recordkeeping relative to those constituents of concern. Existing law requires a gas corporation to comply with those standards and requirements and requires the PUC to require gas corporation tariffs to condition access to common carrier pipelines on the applicable customer meeting those standards and requirements.
This bill would revise the definition of biogas and biomethane for these purposes, would revise the definition of biomass conversion for certain waste management purposes, and
would incorporate these revised definitions into the bill’s provisions.
(6)
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
For purposes of this chapter, the following definitions apply:
(a)“Biogas” means gas that is produced from the anaerobic decomposition of organic materials or the noncombustion thermal conversion of eligible biomass feedstock consistent with Section 40106 of the Public Resources Code.
(b)“Biomethane” means the methane derived from biogas.
(c)“Board” means the State Air Resources Board.
(d)“CalRecycle” means the Department of Resources Recycling and Recovery.
(e)“Commission” means the Public Utilities Commission.
(f)“Common carrier pipeline” means a gas conveyance pipeline, located in California, that is owned or operated by a utility or gas corporation, excluding a dedicated pipeline.
(g)“Dedicated pipeline” means a conveyance of biogas or biomethane that is not part of a common carrier pipeline system, and which conveys biogas from a biogas producer to a conditioning facility or an electrical generation facility.
(h)“Department” means the Department of Toxic Substances Control.
(i)“Gas corporation” has the same meaning as defined in Section 222 of the Public Utilities Code and is subject to rate
regulation by the commission.
(j)“Hazardous waste landfill” means a landfill that is a hazardous waste facility, as defined in Section 25117.1.
(k)“Office” means the Office of Environmental Health Hazard Assessment.
(l)“Person” means an individual, trust, firm, joint stock company, partnership, association, business concern, limited liability company, or corporation. “Person” also includes any city, county, district, and the state or any department or agency thereof, or the federal government or any department or agency thereof to the extent permitted by law.
(a)For purposes of this section, the following terms have the following meanings:
(1)“Biogas” and “biomethane” have the same meaning as defined in Section 25420 and, when used to produce electricity, shall satisfy the definition of an eligible renewable energy resource pursuant to 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). Any biomethane delivered to an electrical generating facility or end user through a common carrier or interstate pipeline shall meet the requirements of Section 399.12.6 of the Public Utilities Code.
(2)“Commission” means the Public Utilities Commission.
(3)“Energy Commission” means the State Energy Resources Conservation and Development Commission.
(4)“Gas seller” means a gas corporation, as defined in Section 222 of the Public Utilities Code, or another entity authorized to sell natural gas pursuant to natural gas restructuring (Chapter 2.2 (commencing with Section 328) of Part 1 of Division 1 of the Public Utilities Code), including sales to core and noncore customers pursuant to natural
gas restructuring.
(5)“Renewable gas” means biogas, biomethane, or any gas that is produced by a process using electricity from an eligible renewable energy resource, including the renewable fraction of grid electricity, or produced directly using solar energy. For this purpose, “electricity from an eligible renewable energy resource” means electricity that is generated by a facility that qualifies for the procurement requirements of 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), irrespective of whether the electricity is delivered to the electrical grid, used onsite, delivered directly, or any combination thereof.
(6)“Strategy” means the strategy to reduce
short-lived climate pollutants developed pursuant to Section 39730.
(b)The Energy Commission, in consultation with the state board and the commission, shall develop recommendations for the development and use of renewable gas, including biomethane and biogas, as a part of its 2017 Integrated Energy Policy Report prepared pursuant to Section 25302 of the Public Resources Code. In developing the recommendations, the energy commission shall identify cost-effective strategies that are consistent with existing state policies and climate change goals by considering priority end uses of renewable gas, including biomethane and biogas, and their interactions
with state policies, including biomethane and all of the following:
(1)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).
(2)The Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480)
of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations).
(3)Waste diversion goals established pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.
(4)The market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5.
(5)The strategy.
(c)Based on the recommendations developed pursuant to subdivision (b), and to meet the state’s climate change, renewable energy, low-carbon fuel, and short-lived climate pollutants goals, including black carbon, landfill diversion, and dairy methane targets
identified in the strategy, state agencies shall consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas, including biomethane and biogas.
(d)(1)Based on the recommendations developed pursuant to subdivision (b), the commission, in consultation with the energy commission and the state board, shall consider and, as appropriate, adopt additional policies and incentives to support the development and use in the state of renewable gas, including biomethane and biogas, that reduce short-lived climate pollutants in the state.
(2)The commission may establish a requirement that gas sellers procure a minimum percentage of biomethane or renewable gas from sources that reduce emissions of
short-lived climate pollutants in the state. The commission shall require gas corporations to deliver biomethane or renewable gas from the producers to the pipeline system.
(e)In implementing this section, priority shall be given to fuels with the greatest greenhouse gas emissions benefits, including the consideration of carbon intensity and reduction in short-lived climate pollutants, as appropriate.
(a)“Biomass conversion” means the production of heat, fuels, or electricity by the controlled combustion of, or the use of other noncombustion thermal conversion technologies on, the following materials, when separated from other solid waste:
(1)Agricultural crop residues.
(2)Bark, lawn, yard, and garden clippings.
(3)Leaves, silvicultural residue, and tree and brush pruning.
(4)Wood, wood chips, and wood waste.
(5)Nonrecyclable pulp or nonrecyclable
paper materials.
(6)The noncombustion thermal conversion of the organic byproducts of anaerobic digestion.
(b)“Biomass conversion” does not include the controlled combustion of recyclable pulp or recyclable paper materials, or materials that contain sewage sludge, industrial sludge, medical waste, hazardous waste, or either high-level or low-level radioactive waste.
(c)For purposes of this section, “nonrecyclable pulp or nonrecyclable paper materials” means either of the following, as determined by the department:
(1)Paper products or fibrous materials that cannot be technically, feasibly, or legally recycled because of the manner in which the
product or material has been manufactured, treated, coated, or constructed.
(2)Paper products or fibrous materials that have become soiled or contaminated and as a result cannot be technically, feasibly, or legally recycled.
SEC. 4.SECTION 1.
Section 399.11 of the Public Utilities Code is amended to read:399.11.
The Legislature finds and declares all of the following:SEC. 5.SEC. 2.
Section 399.15 of the Public Utilities Code is amended to read:399.15.
(a) In order to fulfill unmet long-term resource needs, the commission shall establish a renewables portfolio standard requiring all retail sellers to procure a minimum quantity of electricity products from eligible renewable energy resources as a specified percentage of total kilowatthours sold to their retail end-use customers each compliance period to achieve the targets established under this article. For any retail seller procuring at least 14 percent of retail sales from eligible renewable energy resources in 2010, the deficits associated with any previous renewables portfolio standard shall not be added to any procurement requirement pursuant to this article.SEC. 6.SEC. 3.
Section 399.30 of the Public Utilities Code is amended to read:399.30.
(a) (1) To fulfill unmet long-term generation resource needs, each local publicly owned electric utility shall adopt and implement a renewable energy resources procurement plan that requires the utility to procure a minimum quantity of electricity products from eligible renewable energy resources, including renewable energy credits, as a specified percentage of total kilowatthours sold to the utility’s retail end-use customers, each compliance period, to achieve the targets of subdivision (c).SEC. 7.SEC. 4.
Section 454.53 is added to the Public Utilities Code, to read:454.53.
(a) For all energy and climate programs subject to their jurisdiction, the commission, the Energy Commission, and the State Air Resources Board shall incorporate the planning goal and regulatory requirement that eligible renewable energy resources and zero-carbon electric generating facilities supply all electricity procured to serve California end-use customers no later than December 31, 2045.(a)The Legislature finds and declares all of the following:
(1)Diesel exhaust from heavy-duty trucks is a major source of criteria, toxic, and carcinogenic pollutants.
(2)Low-income communities suffer disproportionate impacts from heavy-duty trucks in industrial and port areas, and near freeways.
(3)The South Coast Air Quality Management District recently adopted its 2016 Air Quality Management Plan. That plan relies on near-zero-emission engine technologies that use natural gas as fuel in heavy-duty vehicles.
(4)Zero-emission vehicles are not available for all uses.
(5)Where zero-emission vehicle types are not commercially available, replacing diesel-fueled trucks with near-zero-emission vehicles fueled with renewable gas will reduce the impacts from diesel exhaust.
(b)For purposes of this section, the following terms have the following meaning:
(1)“Near-zero-emission vehicle” means a heavy-duty vehicle with emissions of oxides of nitrogen that are no greater than
an amount determined by the State Air Resources Board.
(2)“Renewable gas” has the same meaning as defined in Section 39730.8 of the Health and Safety Code.
(c)The commission, in consultation with the State Air Resources Board and the Energy Commission, may direct gas corporations to file applications to implement programs to facilitate fueling to replace diesel-fueled heavy-duty trucks with near-zero-emission vehicles.
If the commission acts pursuant to this authorization, it shall approve or modify and approve programs consistent with all of the following:
(1)Fueling shall only be for vehicle types where zero-emission vehicles are not commercially available, as determined by the State Air Resources Board.
(2)Fueling shall be with renewable gas.
(3)The programs shall be coordinated with other agencies and private programs to replace diesel vehicles.
(4)The programs shall seek to
minimize overall costs and maximize overall benefits to ratepayers by ensuring the cost allocation principles are adhered to pursuant to Section 739.6.
(d)In implementing this section, the commission shall ensure it gives thoughtful consideration to the proper role of a regulated utility, the effects of a regulated utility’s interactions with the market and with nonregulated entities, and the best interests of ratepayers, while also ensuring its thoughtful consideration of the benefits of cleaner air to society.