California 2011-2012 Regular Session Status: Enacted

AB 2165 — Net energy metering: eligible fuel cell customer-generators.

Last action — Chaptered by Secretary of State - Chapter 603, Statutes of 2012.

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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 February 23, 2012. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 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

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. Existing law, relative to private energy producers, requires every electrical corporation to make available to an eligible fuel cell customer-generator, as defined, a standard contract or tariff for net energy metering on a first-come-first-served basis until the total cumulative rated generating capacity used by the eligible fuel cell customer-generators equals 45 megawatts within the service territory of the electrical corporation, for an electrical corporation with a peak demand above 10,000 megawatts, or equals 22.5 megawatts within the service territory of the electrical corporation, for an electrical corporation with a peak demand of 10,000 megawatts or below. Existing law additionally limits the combined statewide cumulative rated generating capacity used by the eligible fuel cell customer-generators in the service territories of all electrical corporations in the state to not more than 112.5 megawatts. This bill would revise the definition of an eligible fuel cell customer-generator to require that the customer be physically located within the service territory of the electrical corporation and receive bundled service, distribution service, or transmission service from the electrical corporation. In place of the existing maximum megawatt limitations upon an electrical corporation's obligation to offer the tariff, the bill would require the electrical corporation to make the tariff available until the total cumulative rated generating capacity of the eligible fuel cell electrical generating facilities receiving service pursuant to the tariff reaches a level equal to its proportionate share of a statewide limitation of 500 megawatts cumulative rated generation capacity, calculated as prescribed. The bill would authorize the commission, in order to continue the growth of the market for onsite electric generation using fuel cells, to review and incrementally raise this limitation on the total cumulative rated generating capacity of the eligible fuel cell electrical generating facilities receiving service pursuant to the tariff. The bill would require the commission to authorize an electrical corporation to charge a customer a fee based on the cost to the utility associated with providing interconnection inspection services for that customer. The bill would provide that no fuel cell electrical generating facility is eligible for the tariff unless it commences operation prior to January 1, 2015, unless this eligibility commencement date is extended by statute. The bill would provide that the tariff remains in effect for an eligible fuel cell electrical generating facility that commences operation pursuant to the tariff prior to January 1, 2015. 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 bill expands the duties of an electrical corporation in offering net energy metering and an order of the commission would be required to implement these requirements, the bill would impose a state-mandated local program by expanding the definition of a crime. 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 a specified reason. The bill would incorporate additional changes in Section 2827.10 of the Public Utilities Code, proposed by SB 594, to be operative only if SB 594 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 603, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 19. Page 6561.).

  5. Assembly Rule 77 suspended. (Page 6488.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 9. Page 4904.).

  8. Read second time. Ordered to third reading.

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

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 5. Noes 2.) (July 2).

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

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 2.) (June 11).

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

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 18. Page 4780.)

  17. Read second time. Ordered to third reading.

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

  19. From committee: Do pass as amended. (Ayes 11. Noes 5.) (May 2).

  20. Re-referred to Com. on APPR.

  21. Read second time and amended.

  22. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (April 16).

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

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

  25. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 5 voted No

Sponsors (1)

  • Hill

Co-sponsors (1)

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

AB 2165 HILL Concurrence in Senate Amendments

Passed 60 Yea · 19 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 591701
Democratic 1000
Republican 0200
Total 601901
% of votes cast 75%24%0%1%
How each member voted (80)
Member Party Vote
Hagman — Nay
Yamada — Yea
Butler — Yea
Campos — Yea
Fuentes — Yea
Galgiani — Yea
Fong — Yea
Carter — Yea
Gordon — Yea
Allen — Yea
Gorell — Yea
Hall — Yea
Hayashi — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hill — Yea
Fletcher — Yea
Hueso — Yea
Huffman — Yea
Chesbro — Yea
Bonilla — Yea
Atkins — Yea
Lara — Yea
Logue — Nay
Ammiano — Yea
Block — Yea
Cook — Nay
Mendoza — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Pan — Yea
Perea — Yea
Smyth — Yea
Solorio — Yea
Torres — Yea
Williams — Yea
Furutani — Not Voting
Garrick — Nay
Halderman — Nay
Conway — Nay
Knight — Nay
Miller — Nay
Morrell — Nay
Norby — Nay
Silva — Nay
Valadao — Nay
Achadjian — Yea
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huber — Yea
Jeffries — Yea
Ma — Yea
Mansoor — Nay
Skinner — Yea
Swanson — Yea
Wagner — Nay
Wieckowski — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Nay
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
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 →

3rd Reading AB2165 Hill By Alquist

Passed 27 Yea · 9 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 25804
Democratic 2000
Republican 0100
Total 27904
% of votes cast 68%23%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Fuller — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Hernandez — Yea
Rubio — Yea
Cannella — Yea
Blakeslee — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Runner — Not Voting
Harman — Nay
Dutton — Not Voting
Walters — Nay
Alquist — Yea
Anderson — Nay
Huff — Nay
Lieu — Yea
Liu — Not Voting
Pavley — Yea
Simitian — Yea
Wyland — Not Voting
Corbett — Yea
Emmerson — Yea
Correa — Nay
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

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
Dutton — Nay
Steinberg — Yea
Walters — Nay
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Price — Yea

Official roll call →

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

Passed 11 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10100
Republican 0100
Democratic 1000
Total 11200
% of votes cast 85%15%0%0%
How each member voted (13)
Member Party Vote
Fuller — Nay
Corbett — Yea
Rubio — Yea
De León — Yea
Pavley — Yea
Simitian — Yea
Kehoe — Yea
Wright — Yea
Emmerson — Yea
DeSaulnier — Yea
Bill Berryhill — Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 2165 HILL Assembly Third Reading

Passed 52 Yea · 18 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 5116010
Republican 0200
Democratic 1000
Total 5218010
% of votes cast 65%23%0%13%
How each member voted (80)
Member Party Vote
Gorell — Yea
Halderman — Nay
Feuer — Yea
Butler — Yea
Carter — Yea
Fong — Yea
Alejo — Yea
Allen — Yea
Yamada — Yea
Fuentes — Yea
Furutani — Not Voting
Garrick — Nay
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gatto — Yea
Gordon — Yea
Hagman — Nay
Bonilla — Yea
Atkins — Yea
Hall — Yea
Harkey — Nay
Hill — Yea
Fletcher — Not Voting
Huber — Yea
Huffman — Yea
Block — Yea
Cedillo — Yea
Chesbro — Yea
Conway — Nay
Cook — Not Voting
Davis — Yea
Donnelly — Nay
Jeffries — Not Voting
Lara — Yea
Logue — Nay
Mendoza — Not Voting
Miller — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Nay
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wagner — Nay
Wieckowski — Yea
Achadjian — Yea
Ammiano — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Not Voting
Knight — Nay
Ma — Not Voting
Mansoor — Nay
Nestande — Yea
Olsen — Not Voting
Silva — Nay
Solorio — Not Voting
Valadao — Yea
Williams — Yea
Eng — Yea
Dickinson — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10501
Democratic 1000
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Not Voting
Hall — Yea
Harkey — Nay
Mitchell — Yea
Davis — Yea
Blumenfield — Yea
Donnelly — Nay
Nielsen — Nay
Norby — Nay
Solorio — Yea
Wagner — Nay
Bradford — Yea
Hill — Yea
Lara — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

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

Passed 10 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 10104
Total 10104
% of votes cast 67%7%0%27%
How each member voted (15)
Member Party Vote
Fuentes — Not Voting
Gorell — Yea
Fong — Yea
Fletcher — Not Voting
Knight — Nay
Ma — Not Voting
Nestande — Yea
Skinner — Yea
Swanson — Yea
Valadao — Yea
Bradford — Yea
Buchanan — Yea
Huffman — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting

Official roll call →

Subjects

energy
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Frequently asked questions

What does AB 2165 do?
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. Existing law, relative to private energy producers, requires every electrical corporation to make available to an eligible fuel cell customer-generator, as defined, a standard contract or tariff for net energy metering on a first-come-first-served basis until the total cumulative rated generating capacity used by the eligible fuel cell customer-generators equals 45 megawatts within the service territory of the electrical corporation, for an electrical corporation with a peak demand above 10,000 megawatts, or equals 22.5 megawatts within the service territory of the electrical corporation, for an electrical corporation with a peak demand of 10,000 megawatts or below. Existing law additionally limits the combined statewide cumulative rated generating capacity used by the eligible fuel cell customer-generators in the service territories of all electrical corporations in the state to not more than 112.5 megawatts. This bill would revise the definition of an eligible fuel cell customer-generator to require that the customer be physically located within the service territory of the electrical corporation and receive bundled service, distribution service, or transmission service from the electrical corporation. In place of the existing maximum megawatt limitations upon an electrical corporation's obligation to offer the tariff, the bill would require the electrical corporation to make the tariff available until the total cumulative rated generating capacity of the eligible fuel cell electrical generating facilities receiving service pursuant to the tariff reaches a level equal to its proportionate share of a statewide limitation of 500 megawatts cumulative rated generation capacity, calculated as prescribed. The bill would authorize the commission, in order to continue the growth of the market for onsite electric generation using fuel cells, to review and incrementally raise this limitation on the total cumulative rated generating capacity of the eligible fuel cell electrical generating facilities receiving service pursuant to the tariff. The bill would require the commission to authorize an electrical corporation to charge a customer a fee based on the cost to the utility associated with providing interconnection inspection services for that customer. The bill would provide that no fuel cell electrical generating facility is eligible for the tariff unless it commences operation prior to January 1, 2015, unless this eligibility commencement date is extended by statute. The bill would provide that the tariff remains in effect for an eligible fuel cell electrical generating facility that commences operation pursuant to the tariff prior to January 1, 2015. 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 bill expands the duties of an electrical corporation in offering net energy metering and an order of the commission would be required to implement these requirements, the bill would impose a state-mandated local program by expanding the definition of a crime. 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 a specified reason. The bill would incorporate additional changes in Section 2827.10 of the Public Utilities Code, proposed by SB 594, to be operative only if SB 594 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.
Who sponsors AB 2165?
AB 2165 is sponsored by Hill and Roger Hernández.
What is the current status of AB 2165?
This bill has been enacted into law. Introduced February 23, 2012. Enacted.
Where can I track AB 2165?
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