Troutman Sanders LLP: California Legislature Passes 33 Percent RPS

On March 29, 2011, the California Assembly passed Senate Bill X1-2, approving a 33 percent renewable portfolio standard (“RPS”) for the state. The bill requires both public and private load-serving entities to obtain 33 percent of their power from renewable energy by 2020, and 25 percent of the 33 percent of will come from investor-owned utilities.

Although California already has a 33 percent renewable standard enacted by former Governor Arnold Schwarzenegger through an executive order, that standard has recently been delayed (see March 25, 2011 edition of the WER). The new bill is authored by state Senator Joe Simitian (D), and actually puts the state RPS into law. The bill passed the state Senate on February 24 with a 26-11 vote, and the bill passed the state Assembly with a 55-19 vote. Since the bill passed through the Assembly without an amendment, the bill now will move directly to Governor Jerry Brown. Governor Brown has yet to make a statement as to whether he will sign the bill.