California 2011-2012 Regular Session Status: Passed Assembly 1 D cosponsors

AB 1990 — Renewable energy resources: renewable feed-in tariff set aside for most impacted and disadvantaged communities.

Last action — Ordered to inactive file at the request of Senator Negrete McLeod.

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

This bill died with 2011-2012 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations, as defined, while local publicly owned electric utilities, as defined, are under the direction of their governing board. Existing law requires every electrical corporation to file with the commission a standard tariff for electricity generated by an electric generation facility, as defined, that qualifies for the tariff, is owned and operated by a retail customer of the electrical corporation, and is located within the service territory of, and developed to sell electricity to, the electrical corporation. Existing law requires that, in order to qualify for the tariff, the electric generation facility: (1) have an effective capacity of not more than 3 megawatts, subject to the authority of the PUC to reduce this megawatt limitation, (2) be interconnected and operate in parallel with the electric transmission and distribution grid, (3) be strategically located and interconnected to the electric transmission system in a manner that optimizes the deliverability of electricity generated at the facility to load centers, and (4) meet the definition of an eligible renewable energy resource under the California Renewables Portfolio Standard Program. Existing decisions of the PUC implementing these requirements refer to these tariff requirements as a renewable feed-in tariff. Existing law requires a local publicly owned electric utility that sells electricity at retail to 75,000 or more customers to adopt and implement a tariff for electricity purchased from an electric generation facility meeting certain size, deliverability, and interconnection requirements and to consider certain factors. Under existing law, the obligation of an electrical corporation or local publicly owned electric utility to make a renewable feed-in tariff available to additional electric generation facilities terminates once the generating capacity of the electric generation facilities receiving service pursuant to the utility's renewable feed-in tariff reaching its proportionate share of a statewide cap of 750 megawatts of cumulative rated generating capacity served pursuant to renewable feed-in tariffs. This bill would require the commission, by August 1, 2014, to add an additional 125 megawatts of cumulative rated generation capacity, split proportionately between the state's electrical corporations, to the proportion of the statewide cap of 750 megawatts that is applicable to electric generation facilities that are eligible for service pursuant to renewable feed-in tariffs. The bill would require a local publicly owned electric utility that sells electricity at retail to 75,000 or more customers, by August 1, 2014, to add an additional 65 megawatts of cumulative rated generation capacity, split proportionately between those utilities, to the proportion of the statewide cap of 750 megawatts that is applicable to electric generation facilities that are eligible for service pursuant to renewable feed-in tariffs. The bill would limit eligibility for the additional generation capacity to electric generation facilities with a rated capacity under 500 kilowatts that are located in the state's most impacted and disadvantaged communities, as defined. Existing law provides that the electricity purchased from an electric generation facility counts toward meeting the local publicly owned electric utility's renewables portfolio standard annual procurement targets. This bill would move this requirement to that portion of the Public Utilities Code concerning the California Renewables Portfolio Standard Program and would require that the tariff be adopted by July 1, 2013. The bill would make other technical and nonsubstantive changes. Existing law requires that the governing board of a local publicly owned utility ensure that the adopted tariff reflects the value of every kilowatthour of electricity generated on a time-of-delivery basis. This bill would additionally require the board to consider avoided costs for distribution and transmission system upgrades, whether the facility generates electricity in a manner that offsets peak demand on the distribution circuit, and all current and anticipated environmental and greenhouse gases reduction compliance costs. 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 provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by expanding the application of a crime. Because the bill would impose various duties upon local publicly owned electric utilities, the bill would impose a state-mandated local program. 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 specified reasons.

Bill Text

Action History

  1. Ordered to inactive file at the request of Senator Negrete McLeod.

  2. Reconsideration granted. (Ayes 35. Noes 0. Page 4974.)

  3. Motion to reconsider made by Senator Negrete McLeod.

  4. Read third time. Refused passage. (Ayes 14. Noes 20. Page 4973.).

  5. Read second time. Ordered to third reading.

  6. Read third time and amended. Ordered to second reading.

  7. Read second time and amended. Ordered to third reading.

  8. From committee: Do pass as amended. (Ayes 5. Noes 2.) (August 16).

  9. In committee: Referred to APPR. suspense file.

  10. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (July 3).

  12. 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.

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

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 27. Page 5122.)

  16. Read second time. Ordered to third reading.

  17. Read second time and amended. Ordered to second reading.

  18. From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 25).

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

  20. Re-referred to Com. on APPR.

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

  22. Re-referred to Com. on APPR.

  23. Read second time and amended.

  24. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 4.) (April 23).

  25. Re-referred to Com. on U. & C.

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

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

  28. From printer. May be heard in committee March 25.

  29. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

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

3rd Reading AB1990 Fong By Negrete McLeod Reconsider

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32005
Republican 1000
Democratic 2000
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Evans — Yea
Fuller — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Hancock — Not Voting
Harman — Yea
Rubio — Yea
Hernandez — Yea
Cannella — Yea
Huff — Yea
Runner — Not Voting
Blakeslee — Yea
Corbett — Yea
Dutton — Yea
Leno — Yea
Lieu — Not Voting
Pavley — Not Voting
Simitian — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Anderson — Yea
Kehoe — Yea
Liu — Yea
Price — Yea
Steinberg — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

3rd Reading AB1990 Fong By Negrete McLeod

Failed 14 Yea · 20 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 141805
Republican 0100
Democratic 0101
Total 142006
% of votes cast 35%50%0%15%
How each member voted (40)
Member Party Vote
Yee — Nay
Wyland — Not Voting
Cannella — Nay
Negrete McLeod — Yea
Lowenthal — Yea
Corbett — Yea
De León — Yea
Fuller — Nay
Correa — Nay
Rubio — Nay
Runner — Not Voting
Hancock — Yea
Dutton — Nay
Harman — Nay
Hernandez — Nay
Huff — Nay
Leno — Yea
Liu — Nay
Pavley — Not Voting
Price — Yea
Steinberg — Yea
Vargas — Not Voting
Walters — Nay
Wolk — Yea
Wright — Nay
Alquist — Yea
Anderson — Nay
Blakeslee — Nay
Kehoe — Yea
Lieu — Not Voting
Simitian — Yea
Emmerson — Nay
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Alquist — Yea
Price — Yea
Dutton — Nay
Walters — Nay
Kehoe — Yea
Lieu — Yea
Steinberg — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Lieu — Yea
Dutton — Yea
Price — Yea
Steinberg — Yea
Alquist — Yea
Kehoe — Yea
Walters — Yea

Official roll call →

Do pass as amended, and re-refer to the Committee on Appropriations.

Passed 7 Yea · 3 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 6203
Republican 0100
Democratic 1000
Total 7303
% of votes cast 54%23%0%23%
How each member voted (13)
Member Party Vote
Fuller — Nay
Rubio — Yea
De León — Yea
Kehoe — Yea
Corbett — Yea
DeSaulnier — Yea
Simitian — Not Voting
Wright — Nay
Pavley — Yea
Emmerson — Not Voting
Bill Berryhill — Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 1990 FONG Assembly Third Reading

Passed 49 Yea · 27 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 482504
Democratic 1000
Republican 0200
Total 492704
% of votes cast 61%34%0%5%
How each member voted (80)
Member Party Vote
Hagman — Nay
Butler — Yea
Feuer — Yea
Cedillo — Yea
Furutani — Yea
Gordon — Yea
Fong — Yea
Hall — Yea
Allen — Yea
Hayashi — Yea
Chesbro — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hill — Yea
Hueso — Yea
Ammiano — Yea
Davis — Yea
Huffman — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Torres — Yea
Williams — Yea
Campos — Yea
Bonilla — Yea
Atkins — Yea
Garrick — Nay
Gorell — Nay
Halderman — Nay
Fletcher — Not Voting
Jeffries — Nay
Carter — Not Voting
Cook — Nay
Donnelly — Nay
Lara — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Nay
Smyth — Nay
Valadao — Not Voting
Wagner — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huber — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Mansoor — Nay
Nestande — Nay
Olsen — Nay
Silva — Nay
Solorio — Yea
Swanson — Yea
Conway — Nay
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Nay
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Gatto — Yea
Harkey — Nay
Campos — Yea
Hill — Yea
Mitchell — Yea
Nielsen — Nay
Norby — Nay
Ammiano — Yea
Donnelly — Nay
Blumenfield — Yea
Bradford — Yea
Lara — Yea
Solorio — Yea
Wagner — Nay
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 9 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9402
Total 9402
% of votes cast 60%27%0%13%
How each member voted (15)
Member Party Vote
Gordon — Yea
Garrick — Nay
Gorell — Nay
Knight — Nay
Nestande — Not Voting
Skinner — Yea
Swanson — Yea
Valadao — Nay
Fong — Yea
Bradford — Yea
Buchanan — Yea
Huffman — Yea
Ma — Yea
Fuentes — Yea
Roger Hernández — Not Voting

Official roll call →

Subjects

environment energy
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Frequently asked questions

What does AB 1990 do?
Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations, as defined, while local publicly owned electric utilities, as defined, are under the direction of their governing board. Existing law requires every electrical corporation to file with the commission a standard tariff for electricity generated by an electric generation facility, as defined, that qualifies for the tariff, is owned and operated by a retail customer of the electrical corporation, and is located within the service territory of, and developed to sell electricity to, the electrical corporation. Existing law requires that, in order to qualify for the tariff, the electric generation facility: (1) have an effective capacity of not more than 3 megawatts, subject to the authority of the PUC to reduce this megawatt limitation, (2) be interconnected and operate in parallel with the electric transmission and distribution grid, (3) be strategically located and interconnected to the electric transmission system in a manner that optimizes the deliverability of electricity generated at the facility to load centers, and (4) meet the definition of an eligible renewable energy resource under the California Renewables Portfolio Standard Program. Existing decisions of the PUC implementing these requirements refer to these tariff requirements as a renewable feed-in tariff. Existing law requires a local publicly owned electric utility that sells electricity at retail to 75,000 or more customers to adopt and implement a tariff for electricity purchased from an electric generation facility meeting certain size, deliverability, and interconnection requirements and to consider certain factors. Under existing law, the obligation of an electrical corporation or local publicly owned electric utility to make a renewable feed-in tariff available to additional electric generation facilities terminates once the generating capacity of the electric generation facilities receiving service pursuant to the utility's renewable feed-in tariff reaching its proportionate share of a statewide cap of 750 megawatts of cumulative rated generating capacity served pursuant to renewable feed-in tariffs. This bill would require the commission, by August 1, 2014, to add an additional 125 megawatts of cumulative rated generation capacity, split proportionately between the state's electrical corporations, to the proportion of the statewide cap of 750 megawatts that is applicable to electric generation facilities that are eligible for service pursuant to renewable feed-in tariffs. The bill would require a local publicly owned electric utility that sells electricity at retail to 75,000 or more customers, by August 1, 2014, to add an additional 65 megawatts of cumulative rated generation capacity, split proportionately between those utilities, to the proportion of the statewide cap of 750 megawatts that is applicable to electric generation facilities that are eligible for service pursuant to renewable feed-in tariffs. The bill would limit eligibility for the additional generation capacity to electric generation facilities with a rated capacity under 500 kilowatts that are located in the state's most impacted and disadvantaged communities, as defined. Existing law provides that the electricity purchased from an electric generation facility counts toward meeting the local publicly owned electric utility's renewables portfolio standard annual procurement targets. This bill would move this requirement to that portion of the Public Utilities Code concerning the California Renewables Portfolio Standard Program and would require that the tariff be adopted by July 1, 2013. The bill would make other technical and nonsubstantive changes. Existing law requires that the governing board of a local publicly owned utility ensure that the adopted tariff reflects the value of every kilowatthour of electricity generated on a time-of-delivery basis. This bill would additionally require the board to consider avoided costs for distribution and transmission system upgrades, whether the facility generates electricity in a manner that offsets peak demand on the distribution circuit, and all current and anticipated environmental and greenhouse gases reduction compliance costs. 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 provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by expanding the application of a crime. Because the bill would impose various duties upon local publicly owned electric utilities, the bill would impose a state-mandated local program. 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 specified reasons.
Who sponsors AB 1990?
AB 1990 is sponsored by Fong, Mike (Democratic).
What is the current status of AB 1990?
This bill died with 2011-2012 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 1990?
Track AB 1990 free on One Click Politics — get push/email alerts when it moves.

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