California 2009-2010 Regular Session Status: Enacted

AB 45 — Distributed generation: small wind energy systems.

Last action — Chaptered by Secretary of State - Chapter 404, Statutes of 2009.

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  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 December 01, 2008. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 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 California Renewables Portfolio Standard Program requires that an electrical corporation, as defined, procure 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 (renewables portfolio standard) , subject to specified limits. The renewables portfolio standard requires each retail seller to increase its total procurement of eligible renewable energy resources by at least an additional 1% of retail sales per year so that 20% of its retail sales are procured from eligible renewable energy resources no later than December 31, 2010. This bill would authorize a county to adopt an ordinance that provides for the installation of small wind energy systems outside an urbanized area, but within the county's jurisdiction, and to establish a process for the issuance of conditional use permits for these systems, subject to specified conditions. The bill would also authorize a county to impose conditions on the installation of these systems, but would prohibit the county from imposing conditions relating to specified aspects of these systems that are more restrictive than certain specified requirements of, and conditions upon, these systems. This bill would authorize a county that has not adopted an ordinance providing for the installation of these systems within its jurisdiction by January 1, 2011, to adopt an ordinance providing for the installation of these systems within its jurisdiction at a later date, but would require that ordinance, when adopted, to be in accordance with a specified provision of law. The bill would specifically exempt ordinances approved prior to January 1, 2011, from the provisions of this article. The bill would require a county to approve an application for the installation of one of these systems submitted between January 1, 2011, and the date of the county's adoption of an ordinance that meets specified requirements through the issuance of a ministerial permit that meets specified requirements, if the county establishes a process for the issuance of conditional use permits for small wind energy systems. This bill would authorize a county to impose as a condition of approval a requirement that a small wind energy system be removed if it remains inoperable for 12 consecutive months, and the small wind energy system, at that time, would be subject to nuisance codes and code enforcement action. The bill would specify that nothing in this article interferes with or prevents the exercise of authority by a county to carry out its programs, projects, or responsibilities, or affects the requirements imposed under any other provision of law. The bill would declare that it is the policy of the state to promote and encourage the use of distributed renewable energy systems and to limit obstacles to their use. The bill would require the State Energy Resources Conservation and Development Commission to submit, on or before January 1, 2016, to the Assembly and Senate Committees on Local Government and the Assembly Committee on Utilities and Commerce, a report containing specified information, including the number of applications for small wind energy systems received and approved by the counties that have adopted wind energy system ordinances on or after January 1, 2011. This bill would provide that its provisions would be repealed on January 1, 2017.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 404, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 5 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 3181.)

  5. Assembly Rule 77 suspended. (Page 3152.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 30. Noes 7. Page 2207.)

  8. Read second time. To third reading.

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

  10. Read second time. To third reading.

  11. From committee: Do pass. (Ayes 9. Noes 3.) (August 17).

  12. Read second time, amended, and re-referred to Com. on APPR.

  13. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (July 6).

  14. Read second time, amended, and re-referred to Com. on EQ.

  15. From committee: Amend, do pass as amended, and re-refer to Com. on EQ. (Ayes 4. Noes 1.) (June 17).

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. GOV.

  17. Referred to Coms. on L. GOV. and EQ.

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

  19. Read third time, passed, and to Senate. (Ayes 78. Noes 0. Page 1761.)

  20. Read second time. To third reading.

  21. From committee: Do pass. (Ayes 6. Noes 0.) (May 13).

  22. Re-referred to Com. on L. GOV.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

  24. Referred to Com. on L. GOV.

  25. From printer. May be heard in committee January 1.

  26. Read first time. To print.

Sponsors

  • Blakeslee · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Blakeslee

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

Passed 90 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 84001
Democratic 3000
Republican 3000
Total 90001
% of votes cast 99%0%0%1%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Charles — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Huffman — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Duvall — Not Voting
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Torlakson — Yea
Torrico — Yea
Emmerson — Yea
Eng — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — 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 Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 31 Yea · 7 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 28703
Democratic 2000
Republican 1000
Total 31703
% of votes cast 76%17%0%7%
How each member voted (41)
Member Party Vote
Yee — Yea
Wyland — Yea
Corbett — Yea
Hancock — Yea
Ducheny — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Alquist — Yea
Ashburn — Nay
Benoit — Nay
Price — Yea
Steinberg — Yea
Wolk — Yea
Runner — Nay
Hollingsworth — Not Voting
Cogdill — Nay
Dutton — Not Voting
Walters — Nay
Aanestad — Yea
Harman — Yea
Huff — Nay
Kehoe — Yea
Maldonado — Yea
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Simitian — Yea
Wiggins — Yea
Wright — Yea
Cedillo — Yea
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 9 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9301
Total 9301
% of votes cast 69%23%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Kehoe — Yea
Runner — Nay
Leno — Yea
Oropeza — Yea
Price — Yea
Corbett — Yea
Wolk — Yea
Walters — Nay
Wyland — Yea
Cox — Nay
Denham — Not Voting

Official roll call →

Passed 90 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 82002
Democratic 5000
Republican 3000
Total 90002
% of votes cast 98%0%0%2%
How each member voted (92)
Member Party Vote
Leon — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Anderson — Yea
Beall — Yea
Cook — Yea
Coto — Yea
Eng — Yea
Evans — Not Voting
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
DeVore — Yea
Duvall — Yea
Fuentes — Yea
Bass — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Nestande — Not Voting
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Feuer — Yea
Davis — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 4001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Knight — Yea
Krekorian — Not Voting
Duvall — Yea
Skinner — Yea
Davis — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 45 do?
The California Renewables Portfolio Standard Program requires that an electrical corporation, as defined, procure 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 (renewables portfolio standard) , subject to specified limits. The renewables portfolio standard requires each retail seller to increase its total procurement of eligible renewable energy resources by at least an additional 1% of retail sales per year so that 20% of its retail sales are procured from eligible renewable energy resources no later than December 31, 2010. This bill would authorize a county to adopt an ordinance that provides for the installation of small wind energy systems outside an urbanized area, but within the county's jurisdiction, and to establish a process for the issuance of conditional use permits for these systems, subject to specified conditions. The bill would also authorize a county to impose conditions on the installation of these systems, but would prohibit the county from imposing conditions relating to specified aspects of these systems that are more restrictive than certain specified requirements of, and conditions upon, these systems. This bill would authorize a county that has not adopted an ordinance providing for the installation of these systems within its jurisdiction by January 1, 2011, to adopt an ordinance providing for the installation of these systems within its jurisdiction at a later date, but would require that ordinance, when adopted, to be in accordance with a specified provision of law. The bill would specifically exempt ordinances approved prior to January 1, 2011, from the provisions of this article. The bill would require a county to approve an application for the installation of one of these systems submitted between January 1, 2011, and the date of the county's adoption of an ordinance that meets specified requirements through the issuance of a ministerial permit that meets specified requirements, if the county establishes a process for the issuance of conditional use permits for small wind energy systems. This bill would authorize a county to impose as a condition of approval a requirement that a small wind energy system be removed if it remains inoperable for 12 consecutive months, and the small wind energy system, at that time, would be subject to nuisance codes and code enforcement action. The bill would specify that nothing in this article interferes with or prevents the exercise of authority by a county to carry out its programs, projects, or responsibilities, or affects the requirements imposed under any other provision of law. The bill would declare that it is the policy of the state to promote and encourage the use of distributed renewable energy systems and to limit obstacles to their use. The bill would require the State Energy Resources Conservation and Development Commission to submit, on or before January 1, 2016, to the Assembly and Senate Committees on Local Government and the Assembly Committee on Utilities and Commerce, a report containing specified information, including the number of applications for small wind energy systems received and approved by the counties that have adopted wind energy system ordinances on or after January 1, 2011. This bill would provide that its provisions would be repealed on January 1, 2017.
Who sponsors AB 45?
AB 45 is sponsored by Blakeslee.
What is the current status of AB 45?
This bill has been enacted into law. Introduced December 01, 2008. Enacted.
Where can I track AB 45?
Track AB 45 free on One Click Politics — get push/email alerts when it moves.

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