Bill Text: CA AB1110 | 2009-2010 | Regular Session | Chaptered
Bill Title: Advanced electrical distributed generation technology.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 508, Statutes of 2009. [AB1110 Detail]
Download: California-2009-AB1110-Chaptered.html
BILL NUMBER: AB 1110 CHAPTERED
BILL TEXT
CHAPTER 508
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE AUGUST 31, 2009
PASSED THE ASSEMBLY SEPTEMBER 10, 2009
AMENDED IN SENATE AUGUST 17, 2009
AMENDED IN SENATE JULY 15, 2009
AMENDED IN SENATE JUNE 26, 2009
INTRODUCED BY Assembly Member Fuentes
FEBRUARY 27, 2009
An act to add Section 379.8 to the Public Utilities Code, relating
to energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1110, Fuentes. Advanced electrical distributed generation
technology.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations,
as defined. The existing definition of an electrical corporation
excludes a corporation or person employing cogeneration, as defined,
technology or producing electricity from other than a conventional
power source for certain purposes. Existing law states that it is the
policy of the state to encourage and support the development of
cogeneration as an efficient, environmentally beneficial, competitive
energy resource that will enhance the reliability of local
generation supply, and promote local business growth. Existing law
places certain limitations upon gas rates and surcharges charged
cogenerators. Existing law prohibits placing alternative fuel
capability requirements upon gas customers that use gas for purposes
of cogeneration.
This bill would authorize the commission and the State Air
Resources Board to treat advanced electrical distributed generation
technology, as defined, as cogeneration, and would make certain
existing limitations upon gas rates and surcharges charged
cogenerators applicable to an advanced electrical distributed
generation technology. The bill would make the prohibition upon
placing alternative fuel capability requirements upon gas customers
that use gas for purposes of cogeneration applicable to a generator
using advanced electrical distributed generation technology. These
provisions would not apply to an advanced electrical distributed
generation technology that is first operational at a site on and
after January 1, 2014.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) California has adopted a set of aggressive policies, including
the California Global Warming Solutions Act of 2006, to reduce the
state's contribution to global warming.
(b) To meet the emission reduction goals set forth by the State
Air Resources Board and other agencies, the state will need to invest
in, and aid the deployment of, new energy efficiency programs, new
electricity transmission and development programs, as well as new
clean and efficient technologies.
(c) Current state policies that provide incentives to specific
electrical generation facilities that reduce emissions of greenhouse
gases while not providing similar incentives to other ultraclean
generation facilities may hinder the ability of the state to meet the
goals of the California Global Warming Solutions Act of 2006 by
creating disincentives for customers to install the cleanest
technologies available.
(d) It is the intent of the Legislature to define what are
advanced electrical distributed generation technologies and to
provide deployment incentives, including those incentives provided
for cogeneration technologies.
SEC. 2. Section 379.8 is added to the Public Utilities Code, to
read:
379.8. (a) As used in this section, "advanced electrical
distributed generation technology" means any electric distributed
generation technology that generates useful electricity and meets all
of the following conditions:
(1) The emissions standards adopted by the State Air Resources
Board pursuant to the distributed generation certification program
requirements of Article 3 (commencing with Section 94200) of
Subchapter 8 of Chapter 1 of Division 3 of Title 17 of the California
Code of Regulations.
(2) Produces de minimis emissions of sulfur oxides and nitrogen
oxides.
(3) Meets the greenhouse gases emission performance standard
established by the commission pursuant to Section 8341.
(4) Has a total electrical efficiency of not less than 45 percent.
If legislation is enacted that increases the 42.5 percent efficiency
described in subdivision (b) of Section 216.6 above 45 percent, the
commission may adjust the electrical efficiency standard described in
this paragraph to ensure that this electrical efficiency standard
meets or exceeds the standard enacted for the purposes of subdivision
(b) of Section 216.6.
(5) Is sized to meet the generator's onsite electrical demand.
(6) Has parallel operation to the electrical distribution grid.
(7) Utilizes renewable or nonrenewable fuel.
(b) (1) An advanced electrical distributed generation technology
shall qualify for the rate established by the commission pursuant to
Section 454.4.
(2) The limitation in subdivision (b) of Section 6352 upon the
assessment of surcharges for gas used to generate electricity by a
nonutility facility applies to an advanced electrical distributed
generation technology.
(3) The limitation in Section 2773.5 upon imposing alternative
fuel capability requirements upon gas customers that use gas for
purposes of cogeneration applies to an advanced electrical
distributed generation technology.
(c) The commission or State Air Resources Board may, in
furtherance of the state's goals for achieving cost-effective
reductions in emissions of greenhouse gases, meeting resource
adequacy requirements, or meeting the renewables portfolio standard,
treat advanced electrical distributed generation technology as
cogeneration.
(d) Subdivisions (b) and (c) do not apply to an advanced
electrical distributed generation technology that is first
operational at a site on and after January 1, 2014.
