California 2011-2012 Regular Session Status: Passed Assembly

AB 1391 — Energy Commission: penalties.

Last action — Read third time. Refused passage. (Ayes 18. Noes 21. Page 2489.).

  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

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 resources, as defined. Effective on the 91st day after the adjournment of the 2011–12 First Extraordinary Session, the Energy Commission is required to refer a local publicly owned electric utility to the State Air Resources Board if the utility fails to comply with these programs and authorizes the state board to impose penalties. This bill would delete these provisions and instead authorize the Energy Commission to impose certain civil penalties on a local publicly owned utility that fails to comply with these programs. The bill would require the Energy Commission to establish, by regulation, a prescribed penalty structure. The bill would subject any order imposing penalties to judicial review and enforcement. Existing law requires the State Air Resources Board to deposit any penalties it collects to enforce these programs into the Air Pollution Control Fund. This bill would delete this requirement and instead require the Energy Commission to deposit any civil penalties imposed on a local publicly owned utility in the Energy Resources Programs Account of the General Fund, to be available, upon appropriation, for the purposes of the program. The bill would make conforming changes. This bill would incorporate additional changes in Section 399.30 of the Public Utilities Code, proposed by SB 23, to be operative only if SB 23 and this bill are both chaptered and become effective January 1, 2012, and this bill is chaptered last.

Bill Text

Action History

  1. Read third time. Refused passage. (Ayes 18. Noes 21. Page 2489.).

  2. Ordered to third reading.

  3. (Ayes 23. Noes 13. Page 2483.)

  4. Withdrawn from committee.

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

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

  7. Senate Rule 29.3(b) suspended. (Ayes 23. Noes 14. Page 2393.)

  8. Re-referred to Com. on RLS.

  9. Ordered to third reading.

  10. From committee: Return to Senate floor for consideration. (Ayes 6. Noes 4.) (September 7).

  11. From committee: Be re-referred to Com. on E., U., & C. pursuant to Senate Rule 29.10. (Ayes 4. Noes 0.) Re-referred to Com. on E., U., & C.

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

  13. Read second time. Ordered to third reading.

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

  15. Action rescinded whereby the bill was read third time, passed, and to Assembly.

  16. In Senate. Held at Desk.

  17. Ordered to the Senate.

  18. Withdrawn from Engrossing and Enrolling.

  19. In Assembly. Ordered to Engrossing and Enrolling.

  20. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 1572.).

  21. Read second time. Ordered to consent calendar.

  22. From committee: Do pass. To consent calendar. (Ayes 10. Noes 0.) (June 21).

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

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

  25. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1392.)

  26. Read second time. Ordered to consent calendar.

  27. From committee: Do pass. To consent calendar. (Ayes 9. Noes 0.) (May 9).

  28. From committee: Do pass and re-refer to Com. on NAT. RES. with recommendation: to consent calendar. (Ayes 15. Noes 0.) (April 4). Re-referred to Com. on NAT. RES.

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

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

  31. Read first time. To print.

Sponsors

  • Bradford · Primary
  • Smyth · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 4 voted No

Sponsors (1)

  • Bradford

Co-sponsors (1)

  • Smyth

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

W/O REF. TO FILE AB1391 Bradford By Price

Failed 18 Yea · 21 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 162100
Democratic 2000
Republican 0001
Total 182101
% of votes cast 45%53%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Liu — Yea
Lowenthal — Yea
Pavley — Yea
Steinberg — Yea
De León — Yea
Cannella — Nay
Negrete McLeod — Nay
Rubio — Nay
Runner — Nay
Fuller — Nay
Hancock — Nay
Hernandez — Yea
Dutton — Nay
Huff — Nay
Walters — Nay
Wolk — Nay
Alquist — Nay
Anderson — Nay
Blakeslee — Nay
Harman — Nay
Kehoe — Yea
Leno — Yea
Lieu — Yea
Price — Yea
Simitian — Nay
Vargas — Yea
Wright — Yea
Wyland — Nay
Corbett — Yea
Emmerson — Nay
Correa — Yea
Evans — Nay
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

From Committee: That the measure be returned to the Senate floor for consideration.

Passed 6 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5301
Republican 0100
Democratic 1000
Total 6401
% of votes cast 55%36%0%9%
How each member voted (11)
Member Party Vote
Rubio — Yea
De León — Yea
Pavley — Yea
Wright — Not Voting
Simitian — Nay
Corbett — Nay
DeSaulnier — Yea
Fuller — Nay
Bill Berryhill — Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Consent Calendar 2nd AB1391 Committee on U. & C.

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 2000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Not Voting
Wyland — Yea
Huff — Yea
Lieu — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Runner — Not Voting
Fuller — Yea
Hancock — Yea
Harman — Yea
Corbett — Yea
Anderson — Yea
Blakeslee — Yea
Dutton — Yea
Kehoe — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wright — Yea
Alquist — Yea
Hernandez — Yea
Leno — Yea
Walters — Yea
Wolk — Yea
Cannella — Yea
Emmerson — Yea
Correa — Yea
Evans — Not Voting
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 →

Do pass and be placed on the Consent Calendar.

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
Rubio — Yea
De León — Yea
Fuller — Yea
Corbett — Yea
Pavley — Not Voting
Simitian — Yea
Wright — Yea
DeSaulnier — Yea
Bill Berryhill — Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1391 U. & C. Consent Calendar Second Day

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 72003
Democratic 3000
Republican 2000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Hagman — Yea
Yamada — Yea
Furutani — Yea
John A. Pérez — Yea
Mitchell — Yea
Halderman — Yea
Harkey — Yea
Atkins — Yea
Hill — Yea
Butler — Yea
Huber — Yea
Hueso — Yea
Huffman — Yea
Campos — Yea
Portantino — Yea
Knight — Yea
Carter — Yea
Logue — Yea
Mendoza — Yea
Alejo — Yea
Blumenfield — Yea
Cedillo — Yea
Chesbro — Yea
Conway — Yea
Davis — Yea
Olsen — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Wagner — Yea
Wieckowski — Yea
Bonilla — Yea
Fletcher — Yea
Fuentes — Yea
Gatto — Yea
Gordon — Yea
Hall — Yea
Beall — Yea
Lara — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Torres — Yea
Achadjian — Yea
Ammiano — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Jeffries — Yea
Ma — Yea
Mansoor — Not Voting
Miller — Yea
Norby — Not Voting
Pan — Yea
Perea — Yea
Silva — Yea
Smyth — Yea
Valadao — Yea
Williams — Yea
Cook — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Donnelly — Yea
Galgiani — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 8000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Halderman — Yea
Chesbro — Yea
Huffman — Yea
Knight — Yea
Monning — Yea
Skinner — Yea
Brownley — Yea
Dickinson — Yea
Grove, Shannon Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on Natural Resources to Consent Calendar.

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14000
Democratic 1000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Furutani — Yea
Carter — Yea
Garrick — Yea
Fletcher — Yea
Huffman — Yea
Knight — Yea
Swanson — Yea
Valadao — Yea
Bradford — Yea
Buchanan — Yea
Ma — Yea
Nestande — Yea
Fuentes — Yea
Roger Hernández — Yea
Fong, Mike Democratic Yea

Official roll call →

Subjects

energy
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Frequently asked questions

What does AB 1391 do?
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 resources, as defined. Effective on the 91st day after the adjournment of the 2011–12 First Extraordinary Session, the Energy Commission is required to refer a local publicly owned electric utility to the State Air Resources Board if the utility fails to comply with these programs and authorizes the state board to impose penalties. This bill would delete these provisions and instead authorize the Energy Commission to impose certain civil penalties on a local publicly owned utility that fails to comply with these programs. The bill would require the Energy Commission to establish, by regulation, a prescribed penalty structure. The bill would subject any order imposing penalties to judicial review and enforcement. Existing law requires the State Air Resources Board to deposit any penalties it collects to enforce these programs into the Air Pollution Control Fund. This bill would delete this requirement and instead require the Energy Commission to deposit any civil penalties imposed on a local publicly owned utility in the Energy Resources Programs Account of the General Fund, to be available, upon appropriation, for the purposes of the program. The bill would make conforming changes. This bill would incorporate additional changes in Section 399.30 of the Public Utilities Code, proposed by SB 23, to be operative only if SB 23 and this bill are both chaptered and become effective January 1, 2012, and this bill is chaptered last.
Who sponsors AB 1391?
AB 1391 is sponsored by Bradford and Smyth.
What is the current status of AB 1391?
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 1391?
Track AB 1391 free on One Click Politics — get push/email alerts when it moves.

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