California 2017-2018 Regular Session Status: To Executive

AB 36 — Eligible fuel cell electrical generating facilities: energy metering.

Last action — Stricken from file.

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

This bill died with 2017-2018 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 has regulatory authority over public utilities, including electrical corporations, as defined. Existing law establishes a specified energy metering program that is available to an eligible fuel cell customer-generator, as defined. A fuel cell electrical generating facility is eligible for the program if it has a capacity of not more than 5 megawatts. Existing law requires that an electrical corporation file with the commission a standard tariff providing for this energy metering for eligible fuel cell customer-generators and make the tariff available to eligible fuel cell customer-generators upon request, on a first-come-first-served basis, until the total cumulative rated generating capacity of the eligible fuel cell electrical generating facilities receiving service pursuant to the tariff reaches a specified level. Existing law provides that a fuel cell electrical generating facility is not eligible for the tariff unless it commences operation on or before December 31, 2021. This bill would change "eligible fuel cell electrical generating facility" to "eligible electrical generating facility" and would additionally make eligible a facility that electromechanically converts fuel to electricity for purposes of the above-described energy metering program. The bill would make conforming and nonsubstantive changes. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the program that is expanded under the provisions of this bill would be implemented through a decision or order of the commission, a violation of these provisions would impose a state-mandated local program by expanding the application 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.

Bill Text

Action History

  1. Stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and presented to the Governor at 3 p.m.

  5. In Assembly. Ordered to Engrossing and Enrolling.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 2990.).

  7. Art. IV, Sec. 8(b)(1) of the Constitution dispensed with. (Ayes 38. Noes 0. Page 2989.)

  8. Read second time. Ordered to third reading.

  9. Ordered to second reading.

  10. (Ayes 24. Noes 11. Page 2944.)

  11. Withdrawn from committee.

  12. In committee: Held under submission.

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

  14. In committee: Hearing postponed by committee.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 6). Re-referred to Com. on APPR.

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

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

  18. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1486.)

  19. Read second time. Ordered to Consent Calendar.

  20. From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 3).

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 24). Re-referred to Com. on APPR.

  22. From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 14. Noes 0.) (April 19). Re-referred to Com. on NAT. RES.

  23. Re-referred to Com. on U. & E.

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

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

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

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

  28. From printer. May be heard in committee January 5.

  29. Read first time. To print.

Sponsors

  • Bocanegra · Cosponsor
  • Dababneh · Cosponsor
  • Levine · Cosponsor
  • Low · Cosponsor
  • Mullin · Cosponsor
  • Nazarian · Primary
  • Quirk · Cosponsor
  • Ridley-Thomas · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 7 co-sponsors · 114 not signed on

Sponsors (1)

  • Nazarian

Co-sponsors (7)

  • Bocanegra
  • Dababneh
  • Levine
  • Low
  • Mullin
  • Quirk
  • Ridley-Thomas

Not signed on (114)

114 members have not signed on to this bill.

Show all 114 →

"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 AB36 Nazarian By Wiener

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 31004
Democratic 5000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Bradford — Not Voting
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Pan — Yea
Skinner — Yea
Wieckowski — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Hueso — Yea
Lara — Yea
Allen — Yea
De León — Yea
Beall — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Roth — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Not Voting
Cannella — Yea
Dodd — Yea
Newman — Yea
Vidak — Yea
Wilk — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 3 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 3201
Democratic 0001
Total 3202
% of votes cast 43%29%0%29%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Bates — Nay
Beall — Not Voting
Bradford — Yea
Nielsen — Nay
Wiener, Scott D. Democratic Not Voting

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 2001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Bradford — Yea
Hueso — Yea
Morrell — Yea
Cannella — Yea
Hertzberg — Yea
Hill — Yea
Skinner — Yea
Vidak — Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Wiener, Scott D. Democratic Yea

Official roll call →

AB 36 NAZARIAN Consent Calendar Second Day

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 56001
Democratic 16000
Republican 5002
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Maienschein — Yea
Mathis — Yea
Thurmond — Yea
Waldron — Yea
Eggman — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Friedman — Yea
Gloria — Yea
Frazier — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Harper — Yea
Rubio — Yea
Salas — Yea
Jones-Sawyer — Yea
Kiley — Yea
Mayes — Yea
McCarty — Yea
Bocanegra — Yea
Gray — Yea
Medina — Yea
Baker — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Melendez — Yea
Mullin — Yea
Obernolte — Yea
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Burke — Yea
Gomez — Yea
Levine — Yea
Chiu — Yea
Low — Yea
Nazarian — Yea
Cooley — Yea
O'Donnell — Not Voting
Rendon — Yea
Rodriguez — Yea
Ting — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Not Voting

Official roll call →

Do pass. To Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Democratic 5000
Republican 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Obernolte — Yea
Eggman — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Gray — Not Voting
Chau — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 2000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Acosta — Yea
Eggman — Yea
Chau — Yea
McCarty — Yea
Cristina Garcia — Yea
Mark Stone — Yea
Travis Allen — Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Flora, Heath Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Natural Resources]

Passed 14 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Republican 3000
Democratic 3000
Total 14001
% of votes cast 93%0%0%7%
How each member voted (15)
Member Party Vote
Holden — Yea
Eggman — Not Voting
Quirk — Yea
Burke — Yea
Chávez — Yea
Santiago — Yea
Ting — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Fong, Mike Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Subjects

energy
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Frequently asked questions

What does AB 36 do?
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. Existing law establishes a specified energy metering program that is available to an eligible fuel cell customer-generator, as defined. A fuel cell electrical generating facility is eligible for the program if it has a capacity of not more than 5 megawatts. Existing law requires that an electrical corporation file with the commission a standard tariff providing for this energy metering for eligible fuel cell customer-generators and make the tariff available to eligible fuel cell customer-generators upon request, on a first-come-first-served basis, until the total cumulative rated generating capacity of the eligible fuel cell electrical generating facilities receiving service pursuant to the tariff reaches a specified level. Existing law provides that a fuel cell electrical generating facility is not eligible for the tariff unless it commences operation on or before December 31, 2021. This bill would change "eligible fuel cell electrical generating facility" to "eligible electrical generating facility" and would additionally make eligible a facility that electromechanically converts fuel to electricity for purposes of the above-described energy metering program. The bill would make conforming and nonsubstantive changes. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the program that is expanded under the provisions of this bill would be implemented through a decision or order of the commission, a violation of these provisions would impose a state-mandated local program by expanding the application 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.
Who sponsors AB 36?
AB 36 is sponsored by Bocanegra, Dababneh, Levine, Low, Mullin, Nazarian, Quirk, and Ridley-Thomas.
What is the current status of AB 36?
This bill died with 2017-2018 Regular Session. It reached “To Executive” 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 36?
Track AB 36 free on One Click Politics — get push/email alerts when it moves.

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