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Mercury News Editorial: The utility plan needs to have the weight of law


Tuesday, September 15, 2009

Lawmakers worked through the night Friday to address concerns about their plan to require utilities to increase their use of renewable energy sources. The talks were so successful that several of the state’s largest utilities, including PG&E, ended up supporting the measures, and they passed — a big victory in a legislative session marred by failures.

But today, Gov. Arnold Schwarzenegger is expected to veto AB64 and SB14 and instead issue an executive order implementing his own version of the plan. That would be a mistake. The governor himself has said he believes the 33 percent standard for renewable sources by 2020 would be best achieved through legislation. If he makes good on his veto threat, lawmakers need to try again in the next session.

The governor supports the general goal. But he says utilities should have complete flexibility to use a system of renewable-energy credits that can be purchased to count toward the 33 percent requirement, even though the credits may not reflect energy delivered to California. The legislation, whose Senate version was written by Joe Simitian, D-Palo Alto, limits the use of those credits, in part to encourage the creation of green jobs in California.

Schwarzenegger’s plan to issue an executive order is better than nothing as a stopgap, but it is no replacement for legislation, since it can be withdrawn by a future governor.

The Legislature’s plan is flexible enough to satisfy many utilities and energy producers. It should be enough for the governor, too.

Read the full editorial on the Mercury News website