Bioenergy Association of California and Rural County Representatives of California Demand Action from CPUC regarding BioMAT Program Termination

​SACRAMENTO, CA – On April 3, the Bioenergy Association of California (BAC), in partnership with Rural County Representatives of California (RCRC), commenced legal proceedings to address the premature termination of the Bioenergy Market Adjusting Tariff (BioMAT) program by the California Public Utilities Commission (CPUC).

For the past decade, BioMAT has supported sustainable bioenergy production by requiring the major investor-owned utilities to procure electrical power from small-scale bioenergy projects that convert organic waste, such as forest and agricultural waste, into renewable electricity while delivering public health and safety benefits, including wildfire risk reduction and reliable power during periods when solar and wind resources are unavailable.

State law expressly requires these bioenergy procurement efforts to continue until “at least 250 megawatts” of bioenergy have been purchased. While this goal has not yet been met, the CPUC nonetheless ended the BioMAT program on December 31, while refusing to take timely action on BAC’s formal petition to extend the program in compliance with state law. CPUC Commissioners postponed a public vote on this petition five times before removing the matter from their agenda indefinitely.

CPUC’s failure to issue a final decision formally terminating the BioMAT program deprives Californians of accountability and prevents BAC from seeking judicial review of the termination of bioenergy procurement efforts before the 250-megawatt requirement has been met.

“The CPUC’s refusal to issue a final decision on BioMAT while quietly killing the program, violates multiple laws and appears to be an effort to avoid judicial review,” said Julia Levin, BAC’s Executive Director. “The CPUC does not have the authority to ignore statutory mandates or to place itself above the law. Doing so sets a dangerous precedent of the Executive Branch ignoring legislative direction and avoiding judicial review. California has challenged the federal government for doing this and should not allow the CPUC to do it.”

“Advancing bioenergy projects is critical, particularly with wildfire risk at an all-time high,” said Gary Bradford, RCRC Board Delegate and Yuba County Supervisor. “Forest treatment projects are essential to public safety and the biomass they generate must have a viable outlet. RCRC is proud to support BAC in this action to defend the right to judicial review and preserve state bioenergy procurement law.”

The Legislature has repeatedly reaffirmed its support for bioenergy by expanding and strengthening the BioMAT program, most recently through Assembly Bill 843 (Aguiar-Curry), which allows local government agencies known as Community Choice Aggregators to participate in the program. The program is also supported by a broad coalition of water agencies, air districts, fire protection districts, Tribes, resource conservation districts, community choice aggregators, legislators, and community, environmental and economic development organizations.

Through this appeal, BAC is asking the court to order the CPUC to issue a final decision on its petition to extend BioMAT within 30 days.

The mission of the Bioenergy Association of California is to promote sustainable bioenergy development and associated activities in California. Learn more about bioenergy and BAC at www.bioenergyca.org.

The Rural County Representatives of California (RCRC) is a forty-member county service organization that champions policies on behalf of California’s rural counties. RCRC is dedicated to representing the collective unique interests of its membership, providing legislative and regulatory representation at the State and Federal levels, and providing responsible services for its members to enhance and protect the quality of life in rural California counties. To learn more about RCRC, visit rcrcnet.org and follow @RuralCounties on Twitter, Facebook and Instagram.

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