California 2009-2010 Regular Session Status: Passed Assembly

AB 40 — Water: reasonable use: electrical generation facilities.

Last action — From Senate committee without further action.

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

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The California Constitution provides that the right to water shall be limited to that amount of water that is reasonably required for the beneficial use to be served. Existing law declares that the use of potable domestic water for cooling towers is a waste or an unreasonable use of water if recycled water is available and other requirements are met. The existing renewables portfolio standard 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. This bill would declare that the use of potable domestic water for cooling towers that are part of a generating system that is an eligible renewable energy resource is a reasonable use of water if certain requirements are met.

Bill Text

Action History

  1. From Senate committee without further action.

  2. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U., & C.

  3. In committee: Set, second hearing. Hearing canceled at the request of author.

  4. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U., & C.

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

  6. In committee: Hearing postponed by committee.

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

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

  9. Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 1827.)

  10. Read second time. To third reading.

  11. From committee: Do pass. (Ayes 17. Noes 0.) (May 28).

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

  13. From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 15. Noes 0.) (April 20).

  14. Referred to Com. on U. & C.

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

  16. Read first time. To print.

Sponsors

  • Smyth · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Smyth

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

AB 40 FUENTES Assembly Third Reading

Passed 89 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 83003
Democratic 3000
Republican 3000
Total 89003
% of votes cast 97%0%0%3%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Charles — Yea
Fuller — Yea
Furutani — Yea
Galgiani — Yea
Garrick — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Duvall — 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
Hagman — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Bass — Not Voting
Huffman — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Price — Not Voting
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Emmerson — Yea
Eng — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Gilmore — 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 →

Do pass.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Charles — Yea
Fuentes — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Hall — Yea
Miller — Yea
Ammiano — Yea
Duvall — Yea
Nielsen — Yea
Solorio — Yea
Harkey — Yea
Krekorian — Yea
Price — Yea
Skinner — Yea
Torlakson — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17000
Democratic 1000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Fuller — Yea
Furutani — Yea
Carter — Yea
Tom — Yea
Berryhill — Yea
De — Yea
La — Yea
Torre — Yea
Huffman — Yea
Skinner — Yea
Smyth — Yea
Torrico — Yea
Blakeslee — Yea
Duvall — Yea
Krekorian — Yea
Swanson — Yea
Fuentes — Yea
Fong, Mike Democratic Yea

Official roll call →

Subjects

environment energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 40 do?
The California Constitution provides that the right to water shall be limited to that amount of water that is reasonably required for the beneficial use to be served. Existing law declares that the use of potable domestic water for cooling towers is a waste or an unreasonable use of water if recycled water is available and other requirements are met. The existing renewables portfolio standard 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. This bill would declare that the use of potable domestic water for cooling towers that are part of a generating system that is an eligible renewable energy resource is a reasonable use of water if certain requirements are met.
Who sponsors AB 40?
AB 40 is sponsored by Smyth.
What is the current status of AB 40?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” 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 AB 40?
Track AB 40 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 40

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 40

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →