SB 412 — Electricity: self-generation incentive program.
Last action — Chaptered by Secretary of State. Chapter 182, Statutes of 2009.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
(1) Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations and gas corporations, as defined. Existing law requires the PUC, in consultation with the State Energy Resources Conservation and Development Commission (Energy Commission) , to administer, until January 1, 2012, a self-generation incentive program for distributed generation resources. The program is applicable to all eligible technologies, as determined by the PUC and subject to certain air emissions and efficiency standards, until January 1, 2008, except for solar technologies, which the PUC is required to administer separately, after January 1, 2007, pursuant to the California Solar Initiative. Commencing January 1, 2008, until January 1, 2012, existing law limits eligibility for nonsolar technologies to fuel cells and wind distributed generation technologies that meet or exceed emissions standards adopted by the State Air Resources Board (state board) . Existing law authorizes the PUC, in administering the program, to include other ultraclean and low-emission distributed generation technologies, as defined. Pursuant to decisions of the PUC, Pacific Gas and Electric Company, Southern California Edison, and Southern California Gas Company are the program administrators throughout their respective service territories and the Center for Sustainable Energy is the program administrator for the San Diego Gas and Electric Company service territory. The California Global Warming Solutions Act of 2006 requires the State Air Resources Board (state board) to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions levels in 1990, to be achieved by 2020. Existing law prohibits any load-serving entity, as defined, and any local publicly owned electric utility, as defined, from entering into a long-term financial commitment, as defined, unless any baseload generation, as defined, complies with a greenhouse gases emission performance standard. Existing law requires the commission, in consultation with the Energy Commission and the state board, to establish a greenhouse gases emission performance standard for all baseload generation of load-serving entities. This bill would authorize the commission to authorize the annual collection of not more than the amount authorized for the self-generation incentive program in the 2008 calendar year, through December 31, 2011. The bill would require the commission to extend the administration of the program until January 1, 2016, and, on that date, would require the commission to provide repayment of all unexpended funds collected to reduce ratepayer costs. The bill would limit the eligibility for incentives pursuant to the program to distributed energy resources that the commission, in consultation with the state board, determines will achieve reduction of greenhouse gas emissions pursuant to the California Global Warming Solutions Act of 2006. The bill would require the PUC to ensure that distributed energy resources are made available in the program for all ratepayers. The bill would prohibit recovery of the costs of the program from ratepayers that participate in the California Alternative Rates for Energy (CARE) program. The bill would delete the authorization for the PUC, in administering the program, to include other ultraclean and low-emission distributed generation technologies. (2) Existing law requires the Energy Commission, by November 1, 2008, and in consultation with the PUC and state board, to evaluate the costs and benefits of providing ratepayer subsidies for renewable and fossil fuel ultraclean and low-emission distributed generation. This bill would delete that requirement. (3) Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the program that is extended under the provisions of this bill is within the act and a decision or order of the commission implements the program requirements, a violation of these provisions would impose a state-mandated local program by creating a new 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
- Chaptered 10/11/09 - Chaptered Current pdf October 11, 2009
- Enrolled 09/10/09 - Enrolled pdf September 10, 2009
- Amended 09/01/09 - Amended Assembly pdf September 01, 2009
- Amended 08/17/09 - Amended Assembly pdf August 17, 2009
- Amended 07/14/09 - Amended Assembly pdf July 14, 2009
- Amended 05/28/09 - Amended Senate pdf May 28, 2009
- Introduced 02/26/09 - Introduced pdf February 26, 2009
- SB412 View text html
Action History
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Chaptered by Secretary of State. Chapter 182, Statutes of 2009.
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Approved by Governor.
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Enrolled. To Governor at 1 p.m.
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Senate concurs in Assembly amendments. (Ayes 36. Noes 0. Page 2270.) To enrollment.
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In Senate. To unfinished business.
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Read third time. Passed. To Senate.
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Assembly Rule 69(d) suspended. (Page 2890.)
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Read third time. Amended. (Page 2866.) To third reading.
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Read second time. To third reading.
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(Heard in committee on August 19.)
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From committee: Do pass. (Ayes 15. Noes 0.)
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From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.
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Read second time. Amended. Re-referred to Com. on APPR.
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(Heard in committee on July 6.)
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From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 9. Noes 0.)
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(Heard in committee on June 29.)
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From committee: Do pass, but first be re-referred to Com. on NAT. RES. (Ayes 13. Noes 0.) Re-referred to Com. on NAT. RES.
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To Coms. on U. & C. and NAT. RES.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 37. Noes 0. Page 1102.) To Assembly.
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Read second time. Amended. To third reading.
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From committee: Do pass as amended. (Ayes 11. Noes 0. Page 1071.)
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(Suspense - for vote only.)
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Set for hearing May 28.
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Placed on APPR suspense file.
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Set for hearing May 4.
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From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 10. Noes 1. Page 583.) Re-referred to Com. on APPR.
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Set for hearing April 21.
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To Com. on E., U. & C.
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From print. May be acted upon on or after March 28.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Blakeslee · Cosponsor
- Kehoe · Primary
- Skinner · Cosponsor
- Stephen C. Padilla · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 3 co-sponsors · 118 not signed on · 1 voted No
Sponsors (1)
- Kehoe
Co-sponsors (3)
- Blakeslee
- Skinner
- Padilla, Stephen C. Democratic
Not signed on (118)
118 members have not signed on to this bill.
Show all 118 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 34 | 0 | 0 | 4 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 37 | 0 | 0 | 4 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (41)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Hancock | — | Not Voting |
| Florez | — | Yea |
| Cedillo | — | Yea |
| Corbett | — | Yea |
| Leno | — | Yea |
| Ashburn | — | Yea |
| Dutton | — | Yea |
| Negrete | — | Yea |
| Runner | — | Yea |
| Wyland | — | Yea |
| Lowenthal | — | Not Voting |
| Ducheny | — | Not Voting |
| Hollingsworth | — | Not Voting |
| Maldonado | — | Yea |
| McLeod | — | Yea |
| Oropeza | — | Yea |
| Romero | — | Yea |
| Simitian | — | Yea |
| Steinberg | — | Yea |
| Walters | — | Yea |
| Wiggins | — | Yea |
| Wright | — | Yea |
| Aanestad | — | Yea |
| Alquist | — | Yea |
| Benoit | — | Yea |
| Harman | — | Yea |
| Huff | — | Yea |
| Kehoe | — | Yea |
| Liu | — | Yea |
| Pavley | — | Yea |
| Price | — | Yea |
| Wolk | — | Yea |
| Cogdill | — | Yea |
| Correa | — | Yea |
| Cox | — | Yea |
| DeSaulnier | — | Yea |
| Denham | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 78 | 2 | 0 | 5 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 2 | 1 | 0 | 0 |
| Total | 83 | 3 | 0 | 5 |
| % of votes cast | 91% | 3% | 0% | 5% |
How each member voted (91)
| Member | Party | Vote |
|---|---|---|
| Eng | — | Yea |
| Evans | — | Yea |
| Carter | — | Yea |
| Chesbro | — | Yea |
| Conway | — | Yea |
| Bill | — | Yea |
| Tom | — | Yea |
| Furutani | — | Yea |
| Galgiani | — | Yea |
| Garrick | — | Yea |
| Gilmore | — | Yea |
| Charles | — | Yea |
| Hall | — | Yea |
| Hayashi | — | Yea |
| Hill | — | Yea |
| Huber | — | Yea |
| De | — | Yea |
| La | — | Yea |
| Torre | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Fletcher | — | Yea |
| Fong | — | Yea |
| Ammiano | — | Yea |
| Beall | — | Yea |
| Cook | — | Yea |
| Coto | — | Yea |
| Jeffries | — | Yea |
| Yamada | — | Yea |
| Bonnie | — | Yea |
| Lowenthal | — | Yea |
| V. | — | Yea |
| Manuel | — | Yea |
| Perez | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Portantino | — | Yea |
| Salas | — | Yea |
| Saldana | — | Yea |
| Audra | — | Yea |
| Duvall | — | Not Voting |
| Hagman | — | Not Voting |
| Anderson | — | Nay |
| Knight | — | Yea |
| Lieu | — | Yea |
| Mendoza | — | Yea |
| Miller | — | Yea |
| Monning | — | Yea |
| Nava | — | Yea |
| Ruskin | — | Yea |
| Silva | — | Yea |
| Skinner | — | Yea |
| Solorio | — | Yea |
| Swanson | — | Yea |
| Torres | — | Yea |
| Torrico | — | Yea |
| Villines | — | Yea |
| Adams | — | Yea |
| Bass | — | Yea |
| Blakeslee | — | Yea |
| Block | — | Yea |
| Blumenfield | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Harkey | — | Not Voting |
| Hernandez | — | Yea |
| Huffman | — | Yea |
| Krekorian | — | Yea |
| Logue | — | Nay |
| Ma | — | Yea |
| Nestande | — | Yea |
| Nielsen | — | Yea |
| Smyth | — | Yea |
| Torlakson | — | Yea |
| Tran | — | Yea |
| Emmerson | — | Yea |
| Feuer | — | Yea |
| Davis | — | Not Voting |
| DeVore | — | Not Voting |
| Fuentes | — | Yea |
| Fuller | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| Bill Berryhill | — | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Niello, Roger W. | Republican | Nay |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 18 | 0 | 0 | 2 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 20 | 0 | 0 | 2 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Charles | — | Yea |
| Fuentes | — | Yea |
| Hall | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Audra | — | Yea |
| Harkey | — | Not Voting |
| Hill | — | Yea |
| Duvall | — | Not Voting |
| Skinner | — | Yea |
| Solorio | — | Yea |
| Torlakson | — | Yea |
| Ammiano | — | Yea |
| Miller | — | Yea |
| Conway | — | Yea |
| Coto | — | Yea |
| Davis | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Gilmore | — | Yea |
| Huffman | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Chesbro | — | Yea |
| Skinner | — | Yea |
| Brownley | — | Yea |
| Hill | — | Yea |
| Knight | — | Yea |
| Logue | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 0 | 0 | 2 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 14 | 0 | 0 | 2 |
| % of votes cast | 88% | 0% | 0% | 13% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| Carter | — | Yea |
| Fuentes | — | Yea |
| Tom | — | Yea |
| Fuller | — | Yea |
| Fong | — | Yea |
| Huffman | — | Yea |
| Krekorian | — | Yea |
| Blumenfield | — | Not Voting |
| Duvall | — | Not Voting |
| Smyth | — | Yea |
| Swanson | — | Yea |
| Villines | — | Yea |
| Buchanan | — | Yea |
| Skinner | — | Yea |
| Bill Berryhill | — | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 34 | 0 | 0 | 3 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 37 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 8% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Cedillo | — | Yea |
| Cogdill | — | Yea |
| Corbett | — | Yea |
| Hancock | — | Yea |
| Harman | — | Yea |
| Huff | — | Yea |
| Kehoe | — | Yea |
| Liu | — | Yea |
| McLeod | — | Not Voting |
| Lowenthal | — | Yea |
| Runner | — | Yea |
| Negrete | — | Not Voting |
| Correa | — | Yea |
| Ducheny | — | Yea |
| Dutton | — | Yea |
| Oropeza | — | Yea |
| Pavley | — | Yea |
| Romero | — | Yea |
| Alquist | — | Yea |
| Ashburn | — | Yea |
| Benoit | — | Yea |
| Wiggins | — | Yea |
| Wolk | — | Yea |
| Wright | — | Yea |
| Aanestad | — | Yea |
| Hollingsworth | — | Yea |
| Leno | — | Yea |
| Maldonado | — | Yea |
| Simitian | — | Yea |
| Steinberg | — | Yea |
| Walters | — | Not Voting |
| Wyland | — | Yea |
| Cox | — | Yea |
| DeSaulnier | — | Yea |
| Denham | — | Yea |
| Florez | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 0 | 0 | 2 |
| Total | 11 | 0 | 0 | 2 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Hancock | — | Yea |
| Runner | — | Yea |
| Kehoe | — | Yea |
| Corbett | — | Yea |
| Walters | — | Not Voting |
| Leno | — | Yea |
| Oropeza | — | Yea |
| Wolk | — | Not Voting |
| Wyland | — | Yea |
| Cox | — | Yea |
| DeSaulnier | — | Yea |
| Denham | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 0 | 0 | 2 |
| Total | 11 | 0 | 0 | 2 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Wyland | — | Yea |
| Runner | — | Yea |
| Hancock | — | Yea |
| Corbett | — | Yea |
| Kehoe | — | Yea |
| Oropeza | — | Not Voting |
| Walters | — | Yea |
| Leno | — | Yea |
| Wolk | — | Yea |
| Cox | — | Yea |
| DeSaulnier | — | Not Voting |
| Denham | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Unaffiliated | 6 | 1 | 0 | 0 |
| Total | 10 | 1 | 0 | 0 |
| % of votes cast | 91% | 9% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Corbett | — | Yea |
| Cox | — | Yea |
| Kehoe | — | Yea |
| Benoit | — | Nay |
| Wiggins | — | Yea |
| Wright | — | Yea |
| Simitian | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Lowenthal, Josh | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Strickland, Tony | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 412 do?
- (1) Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations and gas corporations, as defined. Existing law requires the PUC, in consultation with the State Energy Resources Conservation and Development Commission (Energy Commission) , to administer, until January 1, 2012, a self-generation incentive program for distributed generation resources. The program is applicable to all eligible technologies, as determined by the PUC and subject to certain air emissions and efficiency standards, until January 1, 2008, except for solar technologies, which the PUC is required to administer separately, after January 1, 2007, pursuant to the California Solar Initiative. Commencing January 1, 2008, until January 1, 2012, existing law limits eligibility for nonsolar technologies to fuel cells and wind distributed generation technologies that meet or exceed emissions standards adopted by the State Air Resources Board (state board) . Existing law authorizes the PUC, in administering the program, to include other ultraclean and low-emission distributed generation technologies, as defined. Pursuant to decisions of the PUC, Pacific Gas and Electric Company, Southern California Edison, and Southern California Gas Company are the program administrators throughout their respective service territories and the Center for Sustainable Energy is the program administrator for the San Diego Gas and Electric Company service territory. The California Global Warming Solutions Act of 2006 requires the State Air Resources Board (state board) to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions levels in 1990, to be achieved by 2020. Existing law prohibits any load-serving entity, as defined, and any local publicly owned electric utility, as defined, from entering into a long-term financial commitment, as defined, unless any baseload generation, as defined, complies with a greenhouse gases emission performance standard. Existing law requires the commission, in consultation with the Energy Commission and the state board, to establish a greenhouse gases emission performance standard for all baseload generation of load-serving entities. This bill would authorize the commission to authorize the annual collection of not more than the amount authorized for the self-generation incentive program in the 2008 calendar year, through December 31, 2011. The bill would require the commission to extend the administration of the program until January 1, 2016, and, on that date, would require the commission to provide repayment of all unexpended funds collected to reduce ratepayer costs. The bill would limit the eligibility for incentives pursuant to the program to distributed energy resources that the commission, in consultation with the state board, determines will achieve reduction of greenhouse gas emissions pursuant to the California Global Warming Solutions Act of 2006. The bill would require the PUC to ensure that distributed energy resources are made available in the program for all ratepayers. The bill would prohibit recovery of the costs of the program from ratepayers that participate in the California Alternative Rates for Energy (CARE) program. The bill would delete the authorization for the PUC, in administering the program, to include other ultraclean and low-emission distributed generation technologies. (2) Existing law requires the Energy Commission, by November 1, 2008, and in consultation with the PUC and state board, to evaluate the costs and benefits of providing ratepayer subsidies for renewable and fossil fuel ultraclean and low-emission distributed generation. This bill would delete that requirement. (3) Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the program that is extended under the provisions of this bill is within the act and a decision or order of the commission implements the program requirements, a violation of these provisions would impose a state-mandated local program by creating a new 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 412?
- SB 412 is sponsored by Blakeslee, Kehoe, Skinner, and Padilla, Stephen C. (Democratic).
- What is the current status of SB 412?
- 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 412?
- Track SB 412 free on One Click Politics — get push/email alerts when it moves.
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