California 2009-2010 Regular Session Status: Enacted 1 D cosponsors

AB 920 — Solar and wind distributed generation.

Last action — Chaptered by Secretary of State - Chapter 376, Statutes of 2009.

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

This bill has been enacted into law. Introduced February 26, 2009. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The existing Public Utilities Act imposes various duties and responsibilities on the Public Utilities Commission with respect to the purchase of electricity and requires the commission to review and adopt a procurement plan and a renewable energy procurement plan for each electrical corporation pursuant to the California Renewables Portfolio Standard Program. The program requires that a retail seller of electricity, including electrical corporations, community choice aggregators, and electric service providers, but not including local publicly owned electric utilities, 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. Under existing law the governing board of a local publicly owned electric utility is responsible for implementing and enforcing a renewables portfolio standard that recognizes the intent of the Legislature to encourage renewable resources, while taking into consideration the effect of the standard on rates, reliability, and financial resources and the goal of environmental improvement. Existing law relative to private energy producers requires every electric distribution utility or cooperative, as defined, upon request, to make available to an eligible customer‑generator, as defined, a standard contract or tariff for net energy metering on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer‑generators exceeds a specified amount. Existing law provides that where the electricity generated by the eligible customer-generator exceeds the electricity supplied by the electric distribution utility or cooperative during a 12-month period, the eligible customer-generator is a net electricity producer and the electric distribution utility or cooperative retains any excess kilowatthours generated and the customer-generator is not owed compensation for those excess kilowatthours unless the electric distribution utility or cooperative enters into a purchase agreement with the eligible customer-generator for those excess kilowatthours. This bill would replace the definition of "electric distribution utility or cooperative" in existing law relative to private energy producers with a definition of "electric utility." The bill would require the ratemaking authority, as defined, for the electric utility to adopt, by January 1, 2011, a net surplus electricity compensation valuation to compensate a net surplus customer-generator, as defined, for the value of net surplus electricity, as defined, generated by an eligible customer-generator and delivered to the grid that is in excess of the amount of electricity that is delivered from the grid to the eligible customer-generator. The bill would require the electric utility to offer a standard contract or tariff to eligible customer-generators that includes compensation for the value of net surplus electricity. The bill would require the electric utility, upon an affirmative election by the eligible customer-generator to receive service pursuant to this contract or tariff, to either: (1) provide net surplus electricity compensation for any net surplus electricity generated in the 12-month period, or (2) allow the eligible customer-generator to apply the net surplus electricity as a credit for kilowatthours subsequently supplied by the electric utility to the surplus customer-generator. The bill would, for an electric utility that is an electrical corporation or electrical cooperative, authorize the commission to adopt requirements for providing notice and the manner by which eligible customer-generators may elect to receive net surplus electricity compensation. The bill would provide that upon adoption of the net surplus electricity compensation rate and the eligible customer-generator electing to receive net surplus electricity compensation, any renewable energy credit, as defined, for net surplus electricity belongs to the electric utility purchasing the electricity and that net surplus electricity counts toward the electric utility's renewables portfolio standard purchasing requirements. This bill would incorporate additional changes in Section 2827 of the Public Utilities Code, proposed by AB 560, to be operative only if AB 560 and this bill are chaptered and become effective on or before January 1, 2010, and this bill is chaptered last. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because this bill would require action by the commission to implement certain of its requirements that expand the existing obligations of electrical corporations, 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. Chaptered by Secretary of State - Chapter 376, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 11:30 a.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 54. Noes 23. Page 3404.)

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time, passed, and to Assembly. (Ayes 21. Noes 18. Page 2430.)

  7. Withdrawn from committee. Ordered placed on third reading file.

  8. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  9. Read second time. To third reading.

  10. Read third time, amended. To second reading.

  11. Read second time. To third reading.

  12. (received by desk August 28, 2009 pursuant to JR61(a)(11))

  13. From committee: Do pass. (Ayes 8. Noes 5.) (August 27).

  14. In committee: Placed on Appropriations suspense file.

  15. In committee: Set, first hearing. Hearing canceled at the request of author.

  16. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 11. Noes 0.) (July 7).

  17. Referred to Com. on E., U., & C.

  18. In Senate. Read first time. To Com. on RLS. for assignment.

  19. Read third time, passed, and to Senate. (Ayes 51. Noes 26. Page 1884.)

  20. Read second time. To third reading.

  21. From committee: Do pass. (Ayes 12. Noes 5.) (May 28).

  22. In committee: Set, first hearing. Referred to APPR. suspense file.

  23. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 3.) (April 27).

  24. From committee: Do pass, and re-refer to Com. on NAT. RES. Re-referred. (Ayes 11. Noes 3.) (April 20).

  25. Referred to Coms. on U. & C. and NAT. RES.

  26. From printer. May be heard in committee March 29.

  27. Read first time. To print.

Sponsors

  • Portantino · Cosponsor
  • Hancock · Cosponsor
  • Huffman · Primary
  • Lieu · Cosponsor
  • Josh Lowenthal · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 117 not signed on · 5 voted No

Sponsors (1)

  • Huffman

Co-sponsors (4)

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"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

Passed 63 Yea · 26 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 592402
Republican 1200
Democratic 3000
Total 632602
% of votes cast 69%29%0%2%
How each member voted (91)
Member Party Vote
Bass — Yea
Cook — Nay
Furutani — Not Voting
Galgiani — Not Voting
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Miller — Nay
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Nay
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Bill — Nay
Tom — Nay
Audra — Nay
Carter — Yea
Eng — Yea
Evans — Yea
Feuer — Yea
Chesbro — Yea
Hall — Yea
Hernandez — Yea
Charles — Yea
Hill — Yea
Lieu — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Mendoza — Yea
Nava — Yea
Nestande — Yea
Adams — Yea
Ammiano — Yea
Anderson — Nay
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Nay
Huffman — Yea
Krekorian — Yea
Ma — Yea
Monning — Yea
Nielsen — Nay
Smyth — Yea
Torlakson — Yea
Tran — Nay
Conway — Nay
Emmerson — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Yea
Fuller — Nay
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
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 Nay

Official roll call →

Passed 21 Yea · 19 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 191801
Democratic 2000
Republican 0100
Total 211901
% of votes cast 51%46%0%2%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Lowenthal — Yea
Cogdill — Nay
Hollingsworth — Nay
Negrete — Nay
Runner — Nay
Ducheny — Yea
Kehoe — Yea
Leno — Yea
Liu — Not Voting
McLeod — Nay
Oropeza — Yea
Alquist — Yea
Dutton — Nay
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Walters — Nay
Wiggins — Yea
Wolk — Yea
Wright — Nay
Aanestad — Nay
Ashburn — Nay
Benoit — Nay
Harman — Nay
Huff — Nay
Maldonado — Nay
Steinberg — Yea
Cedillo — Yea
Corbett — Yea
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 8 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8500
Total 8500
% of votes cast 62%38%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Runner — Nay
Corbett — Yea
Kehoe — Yea
Oropeza — Yea
Price — Yea
Walters — Nay
Leno — Yea
Wolk — Yea
Cox — Nay
Denham — Nay

Official roll call →

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Yea
Runner — Yea
Hancock — Yea
Leno — Yea
Oropeza — Yea
Price — Yea
Wolk — Yea
Kehoe — Yea
Walters — Yea
Corbett — Yea
Cox — Yea
Denham — Yea

Official roll call →

Passed 6 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5300
Democratic 1100
Republican 0001
Total 6401
% of votes cast 55%36%0%9%
How each member voted (11)
Member Party Vote
Lowenthal — Yea
Corbett — Yea
Cox — Nay
Kehoe — Yea
Wright — Nay
Benoit — Nay
Simitian — Yea
Wiggins — Yea
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Passed 60 Yea · 29 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 572702
Democratic 3000
Republican 0201
Total 602903
% of votes cast 65%32%0%3%
How each member voted (92)
Member Party Vote
Bill — Nay
Carter — Yea
Chesbro — Yea
Coto — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Hall — Yea
Charles — Yea
Hayashi — Yea
Hill — Yea
Huffman — Yea
Krekorian — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — 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
Ma — Yea
Anderson — Nay
Beall — Yea
Blakeslee — Yea
Mendoza — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tom — Nay
Fletcher — Nay
Audra — Nay
Conway — Nay
Furutani — Not Voting
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Huber — Nay
Cook — Nay
Duvall — Nay
Knight — Nay
Logue — Nay
Silva — Nay
Tran — Nay
Villines — Nay
Adams — Yea
Ammiano — Yea
Bass — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Jeffries — Nay
Lieu — Yea
Miller — Nay
Monning — Yea
Nielsen — Nay
Price — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Nay
Evans — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Fuller — Nay
Galgiani — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Democratic 1000
Republican 0100
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
Hall — Yea
Davis — Yea
Duvall — Nay
Charles — Yea
Fuentes — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Harkey — Nay
Price — Yea
Solorio — Yea
Torlakson — Yea
Audra — Nay
Miller — Nay
Nielsen — Nay
Ammiano — Yea
Krekorian — Yea
Skinner — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Passed 13 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12401
Democratic 1000
Total 13401
% of votes cast 72%22%0%6%
How each member voted (18)
Member Party Vote
Carter — Yea
Fuentes — Yea
Fuller — Nay
Furutani — Not Voting
De — Yea
La — Yea
Torre — Yea
Tom — Nay
Berryhill — Nay
Krekorian — Yea
Blakeslee — Yea
Duvall — Nay
Skinner — Yea
Torrico — Yea
Huffman — Yea
Smyth — Yea
Swanson — Yea
Fong, Mike Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 920 do?
The existing Public Utilities Act imposes various duties and responsibilities on the Public Utilities Commission with respect to the purchase of electricity and requires the commission to review and adopt a procurement plan and a renewable energy procurement plan for each electrical corporation pursuant to the California Renewables Portfolio Standard Program. The program requires that a retail seller of electricity, including electrical corporations, community choice aggregators, and electric service providers, but not including local publicly owned electric utilities, 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. Under existing law the governing board of a local publicly owned electric utility is responsible for implementing and enforcing a renewables portfolio standard that recognizes the intent of the Legislature to encourage renewable resources, while taking into consideration the effect of the standard on rates, reliability, and financial resources and the goal of environmental improvement. Existing law relative to private energy producers requires every electric distribution utility or cooperative, as defined, upon request, to make available to an eligible customer‑generator, as defined, a standard contract or tariff for net energy metering on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer‑generators exceeds a specified amount. Existing law provides that where the electricity generated by the eligible customer-generator exceeds the electricity supplied by the electric distribution utility or cooperative during a 12-month period, the eligible customer-generator is a net electricity producer and the electric distribution utility or cooperative retains any excess kilowatthours generated and the customer-generator is not owed compensation for those excess kilowatthours unless the electric distribution utility or cooperative enters into a purchase agreement with the eligible customer-generator for those excess kilowatthours. This bill would replace the definition of "electric distribution utility or cooperative" in existing law relative to private energy producers with a definition of "electric utility." The bill would require the ratemaking authority, as defined, for the electric utility to adopt, by January 1, 2011, a net surplus electricity compensation valuation to compensate a net surplus customer-generator, as defined, for the value of net surplus electricity, as defined, generated by an eligible customer-generator and delivered to the grid that is in excess of the amount of electricity that is delivered from the grid to the eligible customer-generator. The bill would require the electric utility to offer a standard contract or tariff to eligible customer-generators that includes compensation for the value of net surplus electricity. The bill would require the electric utility, upon an affirmative election by the eligible customer-generator to receive service pursuant to this contract or tariff, to either: (1) provide net surplus electricity compensation for any net surplus electricity generated in the 12-month period, or (2) allow the eligible customer-generator to apply the net surplus electricity as a credit for kilowatthours subsequently supplied by the electric utility to the surplus customer-generator. The bill would, for an electric utility that is an electrical corporation or electrical cooperative, authorize the commission to adopt requirements for providing notice and the manner by which eligible customer-generators may elect to receive net surplus electricity compensation. The bill would provide that upon adoption of the net surplus electricity compensation rate and the eligible customer-generator electing to receive net surplus electricity compensation, any renewable energy credit, as defined, for net surplus electricity belongs to the electric utility purchasing the electricity and that net surplus electricity counts toward the electric utility's renewables portfolio standard purchasing requirements. This bill would incorporate additional changes in Section 2827 of the Public Utilities Code, proposed by AB 560, to be operative only if AB 560 and this bill are chaptered and become effective on or before January 1, 2010, and this bill is chaptered last. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because this bill would require action by the commission to implement certain of its requirements that expand the existing obligations of electrical corporations, 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 AB 920?
AB 920 is sponsored by Portantino, Hancock, Huffman, Lieu, and Lowenthal, Josh (Democratic).
What is the current status of AB 920?
This bill has been enacted into law. Introduced February 26, 2009. Enacted.
Where can I track AB 920?
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