Bill Text: CA SB605 | 2023-2024 | Regular Session | Amended
Bill Title: Wave and tidal energy.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2023-10-07 - Chaptered by Secretary of State. Chapter 405, Statutes of 2023. [SB605 Detail]
Download: California-2023-SB605-Amended.html
|
Amended
IN
Senate
April 27, 2023 |
|
Amended
IN
Senate
March 20, 2023 |
| Introduced by Senator Padilla (Coauthors: Senators Archuleta and Stern) |
February 15, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Under existing law, it is the policy of the state that eligible renewable energy resources and zero-carbon resources supply 90% of all retail sales of electricity to California end-use customers by December 31, 2035, 95% of all retail sales of electricity to California end-use customers by December 31, 2040, 100% of all retail sales of electricity to California end-use customers by December 31, 2045, and 100% of electricity procured to serve all state agencies by December 31, 2035. Existing law requires the Public Utilities Commission, Energy Commission, and State Air Resources Board to issue a joint report to the Legislature by January 1, 2021, and at least every 4 years thereafter, that includes, among other things, a review of this policy and the barriers to, and
benefits of, achieving the policy.
This bill would require the Public Utilities Commission, Energy Commission, and State Air Resources Board to include the wave energy and tidal energy strategic plan in the first joint report issued after January 1, 2024.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SECTION 1.SEC. 2.
Chapter 18 (commencing with Section 25996) is added to Division 15 of the Public Resources Code, to read:CHAPTER 18. Wave Energy and Tidal Energy
The Legislature finds and declares all of the following:
(a)If developed and deployed at scale, offshore wave and tidal energy can provide economic and environmental benefits to the state and the nation.
(b)Ocean energy represents the third largest source of renewable
energy and the largest source of underutilized renewable energy. Ocean energy primarily comes in two forms: (1) wave energy, harnessed by waves; and (2) tidal energy, harnessed by tides.
(c)California may need to build at least 48 gigawatts of new renewable energy and energy storage developments by 2030 and at least 145 gigawatts of new renewable energy and energy storage developments by 2045 to achieve the goals set forth in Section 454.53 of the Public Utilities Code.
(d)California has set ambitious clean energy targets on the path to carbon neutrality by 2045, but the need for more clean energy is immediate. Wave and tidal energy, or hydrokinetic energy, has the
potential to provide that energy in a more expedited fashion as blue economy innovators in California are now looking to bring the technology to scale.
(e)Wave and tidal energy development presents an opportunity to attract investment capital and to realize community economic-development and workforce-development benefits in California, including the development and preservation of a skilled and trained workforce to carry out projects, long-term job creation, and deployment of an offshore wave and tidal energy supply chain.
(f)Wave and tidal energy can contribute to a diverse, secure, reliable, and
affordable renewable energy resource portfolio to serve the electricity needs of California ratepayers and improve air quality, particularly in disadvantaged communities.
(g)Wave and tidal energy can add resource and technology diversity to the state’s clean, renewable energy portfolio. Diversity in energy resources and technologies lowers overall costs.
(h)In its 2021 report on marine energy opportunities for the United States Department of Energy, the National Renewable Energy Laboratory concluded that “even if only a small portion of the technical resource potential is captured, marine energy technologies would make significant contributions to our nation’s energy needs.”
(i)Furthermore, the report found that wave
power has the technical feasible resource potential to meet 30 percent of the country’s electricity demand.
(j)The Biden Administration is counting on wave and tidal energy to help the United States reach its goal of carbon neutrality by 2050 and has allocated tens of millions of dollars to advance the technology.
(k)By promoting and facilitating growth in the emerging wave and tidal energy sectors and incorporating ambitious but achievable wave and tidal energy generation goals, California can position itself as a nationwide leader in ocean energy, while facilitating the development of high-quality jobs and technological advancements in this burgeoning industry.
(l)Investment in onshore and offshore wave
and tidal energy development can offer career pathways and workforce training in clean energy development by providing sustainable blue economy employment opportunities, supporting apprenticeship opportunities for a diverse labor pool, and providing those opportunities to local communities experiencing high unemployment through prioritization of local hiring first.
(m)Onshore and offshore wave and tidal energy should be developed in a manner that protects coastal and marine ecosystems. The state should use its authority under state programs and policies to ensure avoidance, minimization, and mitigation of significant adverse impacts and monitoring and adaptive management for offshore wave and tidal energy projects and their associated infrastructure.
(n)Onshore and
offshore wave and tidal energy development can provide clean air benefits to inland communities that experience increased impacts from poor air quality.
25996.1.25996.
(a) On or before February 1, 2024, the commission and the Ocean Protection Council, in consultation with other appropriate state agencies, including, but not limited to, the Department of Fish and Wildlife, the State Lands Commission, and the California Coastal Commission, shall commence a comprehensive, collaborative study to evaluate the feasibility and benefits of using wave energy and tidal energy as forms of clean energy in the state.(2)Authorize wave energy and tidal energy pilot projects in the state.
(a)On or before January 1, 2025, the commission and the Ocean Protection Council shall develop a strategic plan for the deployment of wave energy and tidal energy technologies, infrastructure, and facilities in the state.
(b)(1)The strategic plan shall identify specific wave energy generation goals and tidal energy generation goals, in megawatts, that the state will endeavor to meet by 2030, 2040, and 2050 to ensure the timely and effective deployment of wave energy and tidal energy technologies and the sufficient incorporation of wave energy and tidal energy into the state’s energy portfolio.
(2)The strategic plan shall identify workforce development necessary to bring wave energy and tidal energy technology to scale. For purposes of this paragraph, the commission and the Ocean Protection Council shall consult with representatives of appropriate labor organizations and apprenticeship programs that would be involved in dispatching and training the construction workforce for wave energy and tidal energy projects.
(c)Before finalizing the strategic plan, the commission and the Ocean Protection Council shall provide an opportunity for public review and comment on a draft version of the strategic plan.
25996.3.25996.1.
(a) On or before January 1, 2025, the commission and the Ocean Protection Council shall cooperatively prepare and submit a written report to the Governor and the Legislature that includes all of the following:(3)The strategic plan described in Section 25996.2.
(4)
25996.4.25996.2.
(a) The(a)It is the policy of the state that eligible renewable energy resources and zero-carbon resources supply 90 percent of all retail sales of electricity to California end-use customers by December 31, 2035, 95 percent of all retail sales of electricity to California end-use customers by December 31, 2040, 100 percent of all retail sales of electricity to California end-use customers by December 31, 2045, and 100 percent of electricity procured to serve all state agencies by December 31, 2035. The achievement of this policy for California shall not increase carbon emissions elsewhere in the western grid and shall not allow resource shuffling. The commission and Energy Commission, in consultation with the State Air Resources Board, shall take steps to ensure that a transition to a zero-carbon electric system for the State of
California does not cause or contribute to greenhouse gas emissions increases elsewhere in the western grid, and is undertaken in a manner consistent with clause 3 of Section 8 of Article I of the United States Constitution. The commission, the Energy Commission, the State Air Resources Board, and all other state agencies shall incorporate this policy into all relevant planning.
(b)The commission, Energy Commission, State Air Resources Board, and all other state agencies shall ensure that actions taken in furtherance of subdivision (a) do all of the following:
(1)Maintain and protect the safety, reliable operation, and balancing of the electric system.
(2)Prevent unreasonable impacts to electricity, gas, and water customer rates and bills resulting from implementation of this section, taking into full
consideration the economic and environmental costs and benefits of renewable energy and zero-carbon resources.
(3)To the extent feasible and authorized under law, lead to the adoption of policies and taking of actions in other sectors to obtain greenhouse gas emission reductions that ensure equity between other sectors and the electricity sector.
(4)Not affect in any manner the rules and requirements for the oversight of, and enforcement against, retail sellers and local publicly owned electric utilities pursuant to the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3) and Sections 454.51, 454.52, 9621, and 9622.
(c)Nothing in this section shall
affect a retail seller’s obligation to comply with the federal Public Utility Regulatory Policies Act of 1978 (16 U.S.C. Sec. 2601 et seq.).
(d)The commission, Energy Commission, and State Air Resources Board shall do all of the following:
(1)Use programs authorized under existing statutes to achieve the policy described in subdivision (a).
(2)In consultation with all California balancing authorities, as defined in subdivision (d) of Section 399.12, as part of a public process, issue a joint report to the Legislature by January 1, 2021, and at least every four years thereafter. The joint report shall include all of the following:
(A)A review of the policy described in subdivision (a) focused on technologies, forecasts, then-existing transmission,
and maintaining safety, environmental and public safety protection, affordability, and system and local reliability.
(B)An evaluation identifying the potential benefits and impacts on system and local reliability associated with achieving the policy described in subdivision (a).
(C)An evaluation identifying the nature of any anticipated financial costs and benefits to electric, gas, and water utilities, including customer rate impacts and benefits.
(D)The barriers to, and benefits of, achieving the policy described in subdivision (a).
(E)Alternative scenarios in which the policy described in subdivision (a) can be achieved and the estimated costs and benefits of each scenario.
(3)On
or before December 1, 2023, and annually thereafter, in consultation with California balancing authorities, as defined in subdivision (d) of Section 399.12, and as part of, or an interim addendum to, the quadrennial joint report required by paragraph (2), as applicable, issue a joint reliability progress report that reviews system and local reliability within the context of the policy described in subdivision (a), with a particular focus on summer reliability. The joint reliability progress report shall identify challenges and gaps, if any, to achieving system and local reliability and identify the amount and cause of any delays to achieving compliance with all energy and capacity procurement requirements set by the commission.
(4)In the first quadrennial joint report required by paragraph (2) that is issued after January 1, 2024, the commission, Energy
Commission, and State Air Resources Board shall include the wave energy and tidal energy strategic plan described in Section 25996.2 of the Public Resources Code and the wave energy generation goals and tidal energy generation goals identified in the strategic plan.
(e)Nothing in this section authorizes the commission to establish any requirements on a nonmobile self-cogeneration or cogeneration facility that served onsite load, or that served load pursuant to an over-the-fence arrangement if that arrangement existed on or before December 20, 1995.
(f)This section does not limit any entity, including local governments, from accelerating their achievement of the state’s electric sector decarbonization targets.
