California 2011-2012 Regular Session Status: Passed Senate

SB 23 — Energy: renewable energy resources.

Last action — In Senate. Concurrence in Assembly amendments pending.

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

This bill died with 2011-2012 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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) Existing law creates the California renewables portfolio standard program (RPS program) and the Renewable Energy Resources Program to increase the amount of electricity generated per year from eligible renewable energy resources, as defined. Effective on the 91st day after the adjournment of the 2011–12 First Extraordinary Session, the State Energy Resources Conservation and Development Commission (Energy Commission) , by June 30, 2011, is required to study and provide a report to the Legislature that analyzes run-of-river hydroelectric generating facilities, as defined, in British Columbia, including whether these facilities are, or should be, included as renewable electrical generation facilities for purposes of the Renewable Energy Resources Program administered by the Energy Commission or eligible renewable energy resources for purposes of the RPS program. Effective on the 91st day after the adjournment of the 2011–12 First Extraordinary Session, the Energy Commission, among other things, is required to adopt regulations specifying procedures for enforcement of the RPS requirements by July 1, 2011. Effective on the 91st day after the adjournment of the 2011–12 First Extraordinary Session, the Public Utilities Commission (PUC) , by July 1, 2011, is required to determine the effective load carrying capacity of wind and solar energy resources on the electrical grid. This bill would extend the compliance date for these corresponding reporting and regulatory requirements, as provided. (2) Effective on the 91st day after the adjournment of the 2011–12 First Extraordinary Session,the PUC, in consultation with the Energy Commission, is required to report to the Legislature by January 1 of every even-numbered year on (A) the progress and status of procurement activities by each retail seller, (B) the status of permitting and siting eligible renewable energy resources and transmission facilities necessary to supply electricity generated to load, (C) the projected ability of electrical corporations to meet the RPS program procurement requirements under a cost limitation established by the PUC and any recommendations for revisions to those cost limitations, and (D) barriers to, and policy recommendations for, achieving the renewables portfolio standard established pursuant to the RPS program. This bill would delete the requirement that the PUC report on the projected ability of electrical corporations to meet the RPS program procurement requirements under a cost limitation established by the PUC and any recommendations for revisions to those cost limitations, and would require that the first report be made on January 1, 2014. (3) Effective on the 91st day after the adjournment of the First Extraordinary Session of the 2011–12 Session,the PUC is required to establish the quantity of electricity products from eligible renewable energy resources, as defined, to be procured by each retail seller, as defined, for specified compliance periods, sufficient to ensure that the procurement of electricity products from eligible renewable energy resources achieves 20% of retail sales for the period January 1, 2011, to December 31, 2013, 25% of retail sales by December 31, 2016, and 33% of retail sales by December 31, 2020, and in all subsequent years. The PUC is required to establish the quantity of electricity products to be procured by the retail seller for each compliance period by January 1, 2012. The RPS program, consistent with the goals of procuring the least-cost and best-fit eligible renewable energy resources that meet project viability principles, requires that all retail sellers procure a balanced portfolio of electricity products from eligible renewable energy resources, as specified. The RPS program requires the PUC to direct each electrical corporation to annually prepare a renewable energy procurement plan containing specified matter and an annual compliance report. This bill would require the PUC to establish the quantity of electricity products to be procured by the retail seller for each compliance period by June 1, 2012, and require that the compliance report be submitted at least annually. (4) Effective on the 91st day after the adjournment of the First Extraordinary Session of the 2011–12 Session,an eligible renewable energy resource is defined for the purposes of the RPS program to include a small hydroelectric generation unit with a nameplate capacity not exceeding 40 megawatts that is operated as part of a water supply or conveyance system, if the retail seller or local publicly owned electric utility procured the electricity from the facility as of December 31, 2005. This bill would instead make a small hydroelectric generation unit with a nameplate capacity not exceeding 40 megawatts an eligible renewable energy resource if a retail seller or local publicly owned electric utility operates the facility to supply or convey water to its customers and procured the electricity from the facility as of December 31, 2005. (5) Effective on the 91st day after the adjournment of the First Extraordinary Session of the 2011–12 Session,the governing board of a local publicly owned electric utility, as defined, is required to adopt a program for the enforcement of the RPS program on or before January 1, 2012. This bill would extend this deadline until January 1, 2013. (6) The California Global Warming Solutions Act of 2006 (the act) , establishes the State Air Resources Board (state board) as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this program. The act requires the state board to adopt a statewide greenhouse gas emissions limit, as defined, to be achieved by 2020, equivalent to the statewide greenhouse gas emissions levels in 1990. The state board is required to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions. This bill would prohibit the state board from adopting any requirement for the procurement of eligible renewable energy resources by a retail seller or local publicly owned electric utility. (7) This bill would incorporate additional changes in Section 399.30 of the Public Utilities Code, proposed by AB 1391, to be operative only if AB 1391 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last.

Bill Text

Action History

  1. In Senate. Concurrence in Assembly amendments pending.

  2. Read third time. Passed. (Ayes 52. Noes 17. Page 3248.) Ordered to the Senate.

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

  4. From committee: Do pass as amended. (Ayes 11. Noes 1.) (September 9).

  5. Joint Rule 62(a) file notice suspended. (Ayes 51. Noes 26. Page 3228.)

  6. Re-referred to Com. on U. & C. pursuant to Assembly Rule 77.2.

  7. Ordered to third reading.

  8. Read third time and amended. (Ayes 74. Noes 0. Page 2811.)

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 12. Noes 5.) (August 17).

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 6). Re-referred to Com. on APPR.

  12. From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 10. Noes 2.) (June 20). Re-referred to Com. on NAT. RES.

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

  14. In Assembly. Read first time. Held at Desk.

  15. Read third time. Passed. (Ayes 31. Noes 4. Page 1182.) Ordered to the Assembly.

  16. Read second time. Ordered to third reading.

  17. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  18. Set for hearing May 16.

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 857.) (May 3). Re-referred to Com. on APPR.

  20. Set for hearing May 3.

  21. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E., U., & C.

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

  23. From printer. May be acted upon on or after January 6.

  24. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Simitian · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Simitian

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 52 Yea · 17 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 5115011
Democratic 1000
Republican 0200
Total 5217011
% of votes cast 65%21%0%14%
How each member voted (80)
Member Party Vote
Hall — Yea
Butler — Yea
Eng — Yea
Yamada — Yea
Campos — Yea
Carter — Yea
Fuentes — Yea
Furutani — Yea
Gordon — Yea
Fong — Yea
Allen — Yea
Hagman — Yea
Harkey — Nay
Hayashi — Yea
Huffman — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Lara — Yea
Chesbro — Yea
Mendoza — Yea
Bonilla — Yea
Atkins — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Conway — Yea
Davis — Yea
Dickinson — Yea
Nestande — Yea
Olsen — Yea
Solorio — Yea
Torres — Yea
Williams — Yea
Galgiani — Not Voting
Gorell — Not Voting
Halderman — Nay
Cook — Not Voting
Donnelly — Nay
Huber — Not Voting
Hueso — Not Voting
Jeffries — Not Voting
Miller — Not Voting
Morrell — Nay
Nielsen — Nay
Norby — Not Voting
Perea — Not Voting
Silva — Not Voting
Smyth — Nay
Valadao — Nay
Wagner — Nay
Achadjian — Nay
Alejo — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Mansoor — Nay
Monning — Yea
Pan — Nay
Skinner — Yea
Swanson — Yea
Wieckowski — Yea
Feuer — Yea
Garrick — Not Voting
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

amendments be concurred in.

Passed 11 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 11103
Total 11103
% of votes cast 73%7%0%20%
How each member voted (15)
Member Party Vote
Furutani — Yea
Huffman — Not Voting
Fletcher — Yea
Fong — Yea
Knight — Not Voting
Nestande — Yea
Skinner — Yea
Swanson — Yea
Bradford — Yea
Buchanan — Yea
Ma — Yea
Valadao — Not Voting
Fuentes — Yea
Beth Gaines — Nay
Roger Hernández — Yea

Official roll call →

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 71006
Republican 2000
Democratic 1000
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Gordon — Yea
Gorell — Not Voting
Hall — Yea
Butler — Yea
Carter — Yea
Feuer — Yea
Fuentes — Yea
Garrick — Yea
Gatto — Yea
Fong — Yea
Cedillo — Yea
Allen — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Huber — Yea
Chesbro — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Hueso — Yea
Jeffries — Yea
Conway — Yea
Knight — Yea
Ammiano — Yea
Block — Yea
Cook — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Silva — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Williams — Yea
Atkins — Yea
Yamada — Yea
Bonilla — Not Voting
Campos — Yea
Halderman — Not Voting
Davis — Not Voting
Donnelly — Not Voting
Morrell — Yea
Solorio — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Olsen — Yea
Perea — Yea
Smyth — Yea
Valadao — Yea
Eng — Yea
Dickinson — Yea
Furutani — Not Voting
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

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
Campos — Yea
Fuentes — Yea
Gatto — Yea
Hall — Yea
Mitchell — Yea
Lara — Yea
Donnelly — Nay
Norby — Nay
Blumenfield — Yea
Bradford — Yea
Harkey — Nay
Hill — Yea
Nielsen — Nay
Solorio — Yea
Wagner — Nay
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Passed 10 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 10203
Total 10203
% of votes cast 67%13%0%20%
How each member voted (15)
Member Party Vote
Fong — Yea
Fletcher — Not Voting
Fuentes — Yea
Furutani — Yea
Huffman — Yea
Knight — Nay
Nestande — Yea
Valadao — Nay
Bradford — Yea
Buchanan — Yea
Ma — Yea
Skinner — Not Voting
Swanson — Yea
Beth Gaines — Not Voting
Roger Hernández — Yea

Official roll call →

3rd Reading

Passed 31 Yea · 4 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 28405
Republican 1000
Democratic 2000
Total 31405
% of votes cast 78%10%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Not Voting
Wyland — Nay
Fuller — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Cannella — Yea
Harman — Yea
Rubio — Not Voting
Hernandez — Yea
Kehoe — Yea
Alquist — Yea
Blakeslee — Yea
Corbett — Yea
Correa — Yea
Dutton — Not Voting
Leno — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Not Voting
Walters — Nay
Wright — Yea
Anderson — Nay
Huff — Yea
Price — Yea
Vargas — Yea
Wolk — Yea
Emmerson — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Republican 1000
Democratic 1000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Corbett — Yea
Rubio — Yea
De León — Not Voting
Wright — Yea
Pavley — Yea
Simitian — Yea
DeSaulnier — Yea
Fuller — Yea
Bill Berryhill — Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 23 do?
(1) Existing law creates the California renewables portfolio standard program (RPS program) and the Renewable Energy Resources Program to increase the amount of electricity generated per year from eligible renewable energy resources, as defined. Effective on the 91st day after the adjournment of the 2011–12 First Extraordinary Session, the State Energy Resources Conservation and Development Commission (Energy Commission) , by June 30, 2011, is required to study and provide a report to the Legislature that analyzes run-of-river hydroelectric generating facilities, as defined, in British Columbia, including whether these facilities are, or should be, included as renewable electrical generation facilities for purposes of the Renewable Energy Resources Program administered by the Energy Commission or eligible renewable energy resources for purposes of the RPS program. Effective on the 91st day after the adjournment of the 2011–12 First Extraordinary Session, the Energy Commission, among other things, is required to adopt regulations specifying procedures for enforcement of the RPS requirements by July 1, 2011. Effective on the 91st day after the adjournment of the 2011–12 First Extraordinary Session, the Public Utilities Commission (PUC) , by July 1, 2011, is required to determine the effective load carrying capacity of wind and solar energy resources on the electrical grid. This bill would extend the compliance date for these corresponding reporting and regulatory requirements, as provided. (2) Effective on the 91st day after the adjournment of the 2011–12 First Extraordinary Session,the PUC, in consultation with the Energy Commission, is required to report to the Legislature by January 1 of every even-numbered year on (A) the progress and status of procurement activities by each retail seller, (B) the status of permitting and siting eligible renewable energy resources and transmission facilities necessary to supply electricity generated to load, (C) the projected ability of electrical corporations to meet the RPS program procurement requirements under a cost limitation established by the PUC and any recommendations for revisions to those cost limitations, and (D) barriers to, and policy recommendations for, achieving the renewables portfolio standard established pursuant to the RPS program. This bill would delete the requirement that the PUC report on the projected ability of electrical corporations to meet the RPS program procurement requirements under a cost limitation established by the PUC and any recommendations for revisions to those cost limitations, and would require that the first report be made on January 1, 2014. (3) Effective on the 91st day after the adjournment of the First Extraordinary Session of the 2011–12 Session,the PUC is required to establish the quantity of electricity products from eligible renewable energy resources, as defined, to be procured by each retail seller, as defined, for specified compliance periods, sufficient to ensure that the procurement of electricity products from eligible renewable energy resources achieves 20% of retail sales for the period January 1, 2011, to December 31, 2013, 25% of retail sales by December 31, 2016, and 33% of retail sales by December 31, 2020, and in all subsequent years. The PUC is required to establish the quantity of electricity products to be procured by the retail seller for each compliance period by January 1, 2012. The RPS program, consistent with the goals of procuring the least-cost and best-fit eligible renewable energy resources that meet project viability principles, requires that all retail sellers procure a balanced portfolio of electricity products from eligible renewable energy resources, as specified. The RPS program requires the PUC to direct each electrical corporation to annually prepare a renewable energy procurement plan containing specified matter and an annual compliance report. This bill would require the PUC to establish the quantity of electricity products to be procured by the retail seller for each compliance period by June 1, 2012, and require that the compliance report be submitted at least annually. (4) Effective on the 91st day after the adjournment of the First Extraordinary Session of the 2011–12 Session,an eligible renewable energy resource is defined for the purposes of the RPS program to include a small hydroelectric generation unit with a nameplate capacity not exceeding 40 megawatts that is operated as part of a water supply or conveyance system, if the retail seller or local publicly owned electric utility procured the electricity from the facility as of December 31, 2005. This bill would instead make a small hydroelectric generation unit with a nameplate capacity not exceeding 40 megawatts an eligible renewable energy resource if a retail seller or local publicly owned electric utility operates the facility to supply or convey water to its customers and procured the electricity from the facility as of December 31, 2005. (5) Effective on the 91st day after the adjournment of the First Extraordinary Session of the 2011–12 Session,the governing board of a local publicly owned electric utility, as defined, is required to adopt a program for the enforcement of the RPS program on or before January 1, 2012. This bill would extend this deadline until January 1, 2013. (6) The California Global Warming Solutions Act of 2006 (the act) , establishes the State Air Resources Board (state board) as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this program. The act requires the state board to adopt a statewide greenhouse gas emissions limit, as defined, to be achieved by 2020, equivalent to the statewide greenhouse gas emissions levels in 1990. The state board is required to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions. This bill would prohibit the state board from adopting any requirement for the procurement of eligible renewable energy resources by a retail seller or local publicly owned electric utility. (7) This bill would incorporate additional changes in Section 399.30 of the Public Utilities Code, proposed by AB 1391, to be operative only if AB 1391 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last.
Who sponsors SB 23?
SB 23 is sponsored by Simitian.
What is the current status of SB 23?
This bill died with 2011-2012 Regular Session. It reached “Passed Senate” 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 23?
Track SB 23 free on One Click Politics — get push/email alerts when it moves.

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