California 2009-2010 Regular Session Status: To Executive

SB 62 — Renewable energy resources.

Last action — Stricken from Senate file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations, as defined. The Public Utilities Act imposes various duties and responsibilities on the PUC with respect to the purchase of electricity and requires the PUC to review and approve a renewable energy procurement plan for each electrical corporation pursuant to the California Renewables Portfolio Standard Program (RPS program) . The RPS program requires that a retail seller of electricity, including electrical corporations, community choice aggregators, and electric service providers, purchase a specified minimum percentage of electricity generated by eligible renewable energy resources, as defined, in any given year as a specified percentage of total kilowatthours sold to retail end-use customers each calendar year. The RPS program requires the PUC to implement annual procurement targets for each retail seller to increase its total procurement of electricity generated by eligible renewable energy resources by at least an additional 1% of retail sales per year so that 20% of its retail sales of electricity are procured from eligible renewable energy resources no later than December 31, 2010. Existing law requires the PUC to make a determination of the existing market cost for electricity, which PUC decisions call the market price referent, and to limit an electrical corporation's obligation to procure electricity from eligible renewable energy resources, that exceeds the market price referent, by a specified amount. This bill would instead require the PUC to require that a retail seller procure the following percentages of electricity from eligible renewable energy resources by the following dates: (A) Until December 31, 2012, the same percentage as actually achieved by the retail seller during 2009; (B) 20% by December 31, 2013; (C) 25% by December 31, 2016; and (D) 33% by December 31, 2020. The bill would authorize the PUC to permit a retail seller to delay compliance with (B) or (C) procurement levels when specified circumstances are present, but would not authorize the PUC to permit a retail seller to delay compliance with the (D) procurement level. The bill would delete the existing market price referent provisions and instead require the PUC to establish a methodology to determine the market price of electricity for terms corresponding to the length of contracts with eligible renewable energy resources, in consideration of, and reflecting, certain matters. The bill would require the PUC to establish a limitation on the annual expenditures made above the market price, by an electrical corporation, in order to achieve the procurement levels established by the PUC. The bill would require the PUC to permit an electrical corporation to limit its procurement of electricity from eligible renewable energy resources to that quantity that can be procured at or below the market prices established by the PUC, up to the limitation. The bill would delete an existing requirement that the PUC adopt flexible rules for compliance for retail sellers. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime. Because the provisions of this bill are within the act and require action by the PUC to implement its requirements, a violation of these provisions would impose a state-mandated local program by expanding the definition of a crime. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Stricken from Senate file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 1 p.m.

  5. Senate concurs in Assembly amendments. (Ayes 23. Noes 14. Page 2459.) To enrollment.

  6. In Senate.

  7. Read third time. Passed. (Ayes 50. Noes 23. Page 3407.) To Senate.

  8. Amended.

  9. Read second time.

  10. (Heard in committee on September 11.)

  11. From committee: Do pass as amended. (Ayes 9. Noes 0.)

  12. Joint Rule 62(a) file notice suspended. (Page 3381.)

  13. Re-referred to Com. On U. & C. pursuant to Assembly Rule 77.2.

  14. Action rescinded and record expunged whereby bill read third time and a roll call taken.

  15. (Page 2282.)

  16. Reconsideration granted.

  17. Motion to reconsider continued to next legislative day.

  18. Motion to reconsider made by Assembly Member Evans.

  19. Read third time. Urgency clause refused adoption. (Ayes 48. Noes 30. Page 2238.)

  20. Read third time. Amended. (Page 2232.)

  21. Read second time. To third reading.

  22. Placed on second reading file.

  23. In Assembly. Read first time. Held at Desk.

  24. Read third time. Passed. (Ayes 22. Noes 14. Page 509.) To Assembly.

  25. Read second time. To third reading.

  26. Placed on second reading file.

  27. Withdrawn from committee.

  28. To Com. on RLS.

  29. Read first time.

  30. From print. May be acted upon on or after February 20.

  31. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Simitian · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Simitian

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

W/O REF. TO FILE SB62 Simitian

Passed 23 Yea · 14 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 201404
Democratic 2000
Republican 1000
Total 231404
% of votes cast 56%34%0%10%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Harman — Nay
Hollingsworth — Nay
Wyland — Nay
Lowenthal — Yea
Corbett — Yea
Ducheny — Yea
Kehoe — Yea
Leno — Yea
McLeod — Not Voting
Runner — Nay
Negrete — Not Voting
Dutton — Nay
Ashburn — Nay
Benoit — Nay
Oropeza — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Walters — Nay
Wiggins — Yea
Wolk — Yea
Aanestad — Nay
Alquist — Yea
Huff — Nay
Liu — Not Voting
Maldonado — Nay
Pavley — Yea
Steinberg — Yea
Wright — Not Voting
Cogdill — Nay
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 62 Simitian Senate Third Reading By KREKORIAN

Passed 58 Yea · 26 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 552505
Republican 1101
Democratic 2001
Total 582607
% of votes cast 64%29%0%8%
How each member voted (91)
Member Party Vote
Audra — Nay
Charles — Not Voting
Fletcher — Not Voting
Hagman — Not Voting
Logue — Nay
Miller — Nay
Nestande — Nay
Silva — Nay
Smyth — Nay
Villines — Nay
Carter — Yea
Chesbro — Yea
Evans — Yea
Feuer — Yea
Fuller — Nay
Furutani — Yea
Garrick — Nay
Hall — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
Coto — Yea
Bill — Nay
Tom — Nay
Hill — Yea
Huffman — Yea
Krekorian — Yea
Lieu — Yea
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Davis — Yea
DeVore — Nay
Mendoza — Yea
Monning — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Adams — Nay
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Hayashi — Yea
Huber — Yea
Jeffries — Not Voting
Knight — Nay
Ma — Yea
Nava — Yea
Nielsen — Nay
Ruskin — Yea
Swanson — Yea
Tran — Nay
Emmerson — Nay
Eng — Yea
Fuentes — Yea
Galgiani — Yea
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Not Voting
Strickland, Tony Republican Nay

Official roll call →

SB 62 B.& F. R. Third Reading Urgency WITHOUT REFERENCE TO FILE

Failed 57 Yea · 33 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 543100
Democratic 2001
Republican 1200
Total 573301
% of votes cast 63%36%0%1%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
DeVore — Nay
Bill — Nay
Tom — Nay
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Fletcher — Nay
Audra — Nay
Duvall — Nay
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Bass — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Nay
Knight — Nay
Lieu — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Nay
Torres — Yea
Torrico — Yea
Villines — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Blakeslee — Nay
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Krekorian — Yea
Logue — Nay
Ma — Yea
Nestande — Nay
Nielsen — Nay
Smyth — Nay
Torlakson — Yea
Tran — Nay
Eng — Yea
Emmerson — Nay
Evans — Yea
Fuller — Nay
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Not Voting
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Senate 3rd Reading SB62 Committee on B. & F.R. (Ducheny)

Passed 23 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211302
Republican 0100
Democratic 2001
Total 231403
% of votes cast 58%35%0%8%
How each member voted (40)
Member Party Vote
Harman — Nay
Hollingsworth — Nay
Runner — Nay
Huff — Nay
Ducheny — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Alquist — Yea
Ashburn — Nay
Dutton — Nay
Oropeza — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Nay
Benoit — Nay
Kehoe — Yea
Maldonado — Not Voting
Romero — Yea
Walters — Nay
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Yee — Yea
Hancock — Yea
Wyland — Nay
Cedillo — Not Voting
Florez — Yea
Negrete — Yea
Cogdill — Nay
Corbett — Yea
Calderon, Lisa Democratic Not Voting
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

environment energy
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Frequently asked questions

What does SB 62 do?
Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations, as defined. The Public Utilities Act imposes various duties and responsibilities on the PUC with respect to the purchase of electricity and requires the PUC to review and approve a renewable energy procurement plan for each electrical corporation pursuant to the California Renewables Portfolio Standard Program (RPS program) . The RPS program requires that a retail seller of electricity, including electrical corporations, community choice aggregators, and electric service providers, purchase a specified minimum percentage of electricity generated by eligible renewable energy resources, as defined, in any given year as a specified percentage of total kilowatthours sold to retail end-use customers each calendar year. The RPS program requires the PUC to implement annual procurement targets for each retail seller to increase its total procurement of electricity generated by eligible renewable energy resources by at least an additional 1% of retail sales per year so that 20% of its retail sales of electricity are procured from eligible renewable energy resources no later than December 31, 2010. Existing law requires the PUC to make a determination of the existing market cost for electricity, which PUC decisions call the market price referent, and to limit an electrical corporation's obligation to procure electricity from eligible renewable energy resources, that exceeds the market price referent, by a specified amount. This bill would instead require the PUC to require that a retail seller procure the following percentages of electricity from eligible renewable energy resources by the following dates: (A) Until December 31, 2012, the same percentage as actually achieved by the retail seller during 2009; (B) 20% by December 31, 2013; (C) 25% by December 31, 2016; and (D) 33% by December 31, 2020. The bill would authorize the PUC to permit a retail seller to delay compliance with (B) or (C) procurement levels when specified circumstances are present, but would not authorize the PUC to permit a retail seller to delay compliance with the (D) procurement level. The bill would delete the existing market price referent provisions and instead require the PUC to establish a methodology to determine the market price of electricity for terms corresponding to the length of contracts with eligible renewable energy resources, in consideration of, and reflecting, certain matters. The bill would require the PUC to establish a limitation on the annual expenditures made above the market price, by an electrical corporation, in order to achieve the procurement levels established by the PUC. The bill would require the PUC to permit an electrical corporation to limit its procurement of electricity from eligible renewable energy resources to that quantity that can be procured at or below the market prices established by the PUC, up to the limitation. The bill would delete an existing requirement that the PUC adopt flexible rules for compliance for retail sellers. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime. Because the provisions of this bill are within the act and require action by the PUC to implement its requirements, a violation of these provisions would impose a state-mandated local program by expanding the definition of a crime. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 62?
SB 62 is sponsored by Simitian.
What is the current status of SB 62?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 62?
Track SB 62 free on One Click Politics — get push/email alerts when it moves.

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