Yesterday, the California Air Resources Board (CARB) passed a regulation requiring utilities to get a third of their power from renewable sources by 2020. CARB stepped in because the legislature failed to enact a law that would have increased the renewable portfolio standard (RPS) from 20% to 33% . Renewable energy advocates are calling for the governor to convene a special legislative session to take one last stab at passing a new RPS law.
Why is the distinction between regulation and law important, and why aren’t we breaking out the champagne just yet? If Prop 23 passes, the CARB regulation dies (along with the renewable energy industry), but if the legislature passes a new RPS law, Prop 23 doesn’t touch that. Confused? Glad you’re not lawyer? The bottom-line is this: Prop 23 must be defeated.