BILL NUMBER: AB 590	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 16, 2015
	AMENDED IN ASSEMBLY  MAY 28, 2015
	AMENDED IN ASSEMBLY  MAY 4, 2015
	AMENDED IN ASSEMBLY  APRIL 21, 2015

INTRODUCED BY   Assembly Members Dahle and Salas
   (Coauthors: Assembly Members Brough, Chávez, Gomez, Gordon, Olsen,
Mark Stone, and Wood)

                        FEBRUARY 24, 2015

   An act to add Section 16428.81 to the Government Code, relating to
greenhouse gases.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 590, as amended, Dahle. Greenhouse Gas Reduction Fund.
   The California Global Warming Solutions Act of 2006 designates the
State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The act authorizes the state board to include the use of market-based
compliance mechanisms. Existing law requires all moneys, except for
fines and penalties, collected by the state board from the auction or
sale of allowances as part of a market-based compliance mechanism to
be deposited in the Greenhouse Gas Reduction Fund.
   This bill would provide that moneys in the Greenhouse Gas
Reduction Fund, upon appropriation, may be made available for
expenditure by the State Energy Resources Conservation and
Development Commission for the purposes of maintaining the current
level of biomass power generation in the state and revitalizing
currently idle facilities in strategically located regions. The bill
would establish requirements for an applicant to receive available
funding for a facility's eligible electrical generation.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) California leads the nation in bioenergy production, with
one-half of the industry located in this state, which has an abundant
supply of bioenergy resources.
   (b) Biomass power generation provides electric ratepayers with
clean, renewable energy that supplies the grid 24 hours a day, seven
days a week regardless of atmospheric conditions. These benefits are
paid for through contracts with the state's electric utilities.
   (c) Biomass power generation also provides valuable,
environmentally preferred wood waste disposal service for the
disposal of 7.5 to 8 million tons of California's annual solid waste
stream and the avoidance of 1.5 to 3.5 million tons annually of
biogenic CO2 emissions. By diverting biomass residues away from open
burning, landfill burial, and accumulation in forests, the state
benefits from reduced criteria air pollutants and greenhouse gas
emissions, landfill capacity use, forest and watershed improvement,
rural employment and economic development, and energy diversity and
security. These services have been provided without compensation in
the past, as the electricity market was able to fully underwrite the
cost.
   (d) Numerous studies have shown a link between particulate matter
(PM) exposure and asthma morbidity outcomes in children, and between
exposure to ambient PM and increased heart and lung disease and death
and health effects on the central nervous system. The latest study
was provided by scientists at the California Environmental Protection
Agency's Office of Environmental Health Hazard Assessment. Diverting
wood material from open burning to biomass power production is an
essential PM reduction strategy for many air districts around the
state.
   (e) The environmental services provided by biomass power
production are clearly valuable to society and therefore provide the
rationale for a state policy to pay for biomass power generation
commensurate with its provision of waste disposal services.
   (f) Biomass power generation fits in the Cap and Trade Auction
Proceeds Investment Plan in the categories of forest and ecosystem
management, agricultural management, and waste diversion, and is
identified as a recommended investment.
  SEC. 2.  Section 16428.81 is added to the Government Code, to read:

   16428.81.  (a) Moneys from the Greenhouse Gas Reduction Fund, upon
appropriation by the Legislature, may be made available to the State
Energy Resources Conservation and Development Commission for
expenditure for the purposes of maintaining the current level of
biomass power generation in the state and revitalizing currently idle
facilities in strategically located regions. Protecting these
existing resources will help the state meet its goals to reduce
greenhouse gas emissions, protect existing jobs, and provide waste
disposal benefits.
   (b) To be eligible for funding, a facility's solid fuel biomass
electrical generation shall satisfy  both   all
 of the following requirements:
   (1) The energy is generated on and after January 1, 2016. 
   (2) The energy is generated using biomass wood wastes and
residues, and is sold to a load-serving entity.  
   (3) The energy is generated at a facility with a generation
capacity of over three megawatts.  
   (2) 
    (4)  The energy is generated within the state and sold
to customers within the state.
   (c) A facility seeking available funding shall submit an
application to the commission that demonstrates that it is a solid
fuel biomass facility and is California Renewables Portfolio Standard
(RPS) Program certified. An applicant shall submit monthly invoices
to the commission to document eligible  generation and the
fuel used for that  generation. The commission shall review
the submitted invoices and make monthly incentive payments to each
applicant based on the eligible generation and the applicable
production incentive rate.