BILL ANALYSIS                                                                                                                                                                                                    
                                                                  SB 17
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          Date of Hearing:   June 22, 2009
                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                                Felipe Fuentes, Chair
                      SB 17 (Padilla) - As Amended:  May 5, 2009
           SENATE VOTE  :   38-0
           
          SUBJECT  :   Electricity: smart grid systems.
           
          SUMMARY  :   Requires the California Public Utilities Commission  
          (PUC), in consultation with other state agencies and key  
          stakeholders, to determine the requirements for a smart grid  
          deployment plan and requires the utilities to submit smart grid  
          plans to the PUC.
           
          EXISTING LAW  : 
          1)The federal Energy Independence and Security Act of 2007:
             a)   Requires the National Institute of Standards and  
               Technology to be the lead agency to develop standards and  
               protocols for the smart grid.
             b)   Creates a research, development, and demonstration  
               program for smart grid technologies at the Department of  
               Energy.
             c)   Provides federal matching funds for portions of  
               qualified smart grid investments.
             d)   Requires each state regulatory authority and each  
               nonregulated utility to initiate within 1 year (December  
               2008), and complete within 2 years (December 2009),  
               consideration of whether to allow utilities cost recovery  
               for nonadvanced grid technologies, deployment of a  
               qualified smart grid system, and implementation of the  
               provision of price information to customers on a  
               no-less-than daily basis.  
          2)The federal American Reinvestment and Recovery Act of 2009  
            (ARRA) authorizes the Department of Energy to award $4 billion  
            in grants ranging from $500,000 to $20 million for smart grid  
            technology deployments and grants of $100,000 to $5 million  
            for the deployment of grid monitoring devices.   
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          3)State law requires investor owned utilities (IOUs) to operate  
            its electric distribution grid in a safe, reliable, efficient,  
            and cost-effective manner and authorizes the PUC to give each  
            IOU a reasonable opportunity to fully recover from all  
            customers the costs of operating the distribution system.
           
          THIS BILL  : 
          1)Requires the PUC, in consultation with the CEC, the CAISO, and  
            other key stakeholders, to determine the requirements for a  
            smart grid deployment plan and adopt standards and protocols  
            to ensure functionality and interoperability developed by  
            public and private entities, by July 1, 2010. 
          2)Requires each electrical corporation to develop and submit a  
            smart grid deployment plan to the PUC for approval by July 1,  
            2011.
          3)Requires the PUC, in consultation with the CEC, the CAISO, and  
            electrical corporations, to evaluate the impact of smart grid  
            technology deployment on major initiatives and policies.
          4)Requires the PUC to annually report to the Governor and the  
            Legislature on the PUC's recommendations for a smart grid,  
            including the costs and benefits to ratepayers.
          5)Requires each publicly owned electric utility with more than  
            100,000 service connections to develop a smart grid deployment  
            plan, by January 1, 2011.
           FISCAL EFFECT  :   Unknown.
           COMMENTS  :   According to the author, the purpose of this bill is  
          to advance California's clean energy policies by improving  
          reliability and efficiency in power distribution through the  
          deployment of smart grid technology.
          1)   Smart grid technology  :  Conceptually, the term "smart grid"  
          has been used rather liberally to reference a transformed  
          electricity transmission and distribution network or "grid" that  
          uses two-way communications, advanced sensors, and distributed  
          computers.  This two-way communication is intended to improve  
          the efficiency, reliability and safety of power delivery and  
          use.  Smart Grid is called several other things, including  
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          "Smart Power Grid," "Smart Electric Grid," "Intelligrid,"  
          "FutureGrid," etc.   
          In the past a number of projects have been labeled "smart" but  
          turned out not to be smart solely on its own.  For example, for  
          a smart grid to be able to provide real-time price information,  
          the grid must be coupled with smart meters, smart appliances,  
          smart thermostats, and/or plug-in hybrid vehicles, or other  
          customer-funded "add-ons."  This bill requires the PUC to  
          identify the protocols that define what the smart grid will be  
          for California and provide direction on its development and when  
          it will be operational.  
          2)   Federal efforts toward smart grid applications  :  Title 13 of  
          the federal Energy Act characterizes a Smart Grid but doesn't  
          actually define it.  The Energy Act states that a smart grid  
          would mean modernizing the nation's electricity grid to meet  
          future demand growth and achieve certain characteristics.  Those  
          characteristics include, among other things, an increase in the  
          use of digital information; the development and incorporation of  
          demand response, demand-side resources, and energy efficiency  
          resources; the deployment of "smart" technologies, such as  
          real-time and automated, interactive technologies for appliances  
          and consumer devices; and the identification and decrease of  
          unreasonable or unnecessary barriers to the adoption of smart  
          grid technologies.  
          The Energy Act requires the Secretary of the Department of  
          Energy to report to Congress, no later than one year after  
          enactment, and every two years thereafter, of the status of  
          smart grid deployments nationwide and any regulatory or  
          government barriers to continued deployment.  In addition, it  
          requires the Secretary to establish a Smart Grid Advisory  
          Committee to advise the Secretary, and a Smart Grid Task Force  
          to ensure awareness, coordination, and integration of the  
          activities of the federal government related to smart-grid  
          technologies and practices.
          The Energy Act establishes a research and demonstration program  
          and provides up to 50% of the cost of grid technology  
          investments made as part of a demonstration project.  It also  
          requires the coordination of the smart grid framework that  
          includes protocols and model standards to achieve  
          interoperability of smart grid devices and systems.  When  
          utilities invest in smart-grid applications, the Energy Act  
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          provides reimbursement of 20% of qualifying smart grid  
          investments.  
           
          The Energy Act requires the PUC to initiate within one year, and  
          complete within two years, consideration of whether to allow  
          utilities cost recovery from "nonadvanced grid technologies,"  
          "deployment of a qualified smart grid system" and implementation  
          of the provision of price information to customers on a  
          no-less-than daily basis.  As such, the PUC commenced the  
          proceeding by December 2008, and is expected to complete it by  
          December 2009.  
          In response to the ARRA, the Department of Energy is planning  
          workshops aimed at reaching agreement on national smart grid  
          standards.  Over the next few months, DOE plans to award funds  
          to a range of projects by utilities, system vendors, states,  
          local governments and universities.  The bulk of DOE funds, $3.4  
          billion, are set aside for grants.  That includes $615 million  
          for smart grid regional demonstration projects, utility-scale  
          storage, and monitoring projects.  Another $600 million in  
          grants will cover up to 50% of grid technology deployment  
          project costs.
          3)   Is smart grid a smart investment  :  It's unclear what  
          benefits will be derived from the smart grid investments. In  
          older service territories, the utility customers call and the  
          utility can almost immediately identify where the outage is and  
          dispatch line crews.  In newer service territories like a  
          majority of San Diego Gas and Electric's territory, the  
          distribution system is underground.  A smart grid would enable  
          SDG&E to immediately dispatch crews to the exact location of the  
          outage instead of having to expend resources trying to locate  
          the blown underground transformer or other faulty appendage.
          The PUC has a rulemaking underway to consider policies for  
          California's IOUs to develop a smarter electric grid in the  
          state.  The proceeding will consider setting policies, standards  
          and protocols to guide the development of a smart grid system  
          and facilitate integration of new technologies such as  
          distributed generation, storage, demand-side technologies, and  
          electric vehicles.
          The CEC funded a smart grid research project under the Public  
          Interest Energy Research program.  The research identified new  
          and emerging technologies that would impact a smart grid,  
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          concerns about ensuring incompatible systems and/or large  
          capital investments with short-term benefits, and the need to  
          foster open access, competition and commercial growth of  
          cost-effective, new technologies.  Preliminary research shows  
          the state could play a key role in defining the smart grid of  
          the future for California and if left alone, many systems most  
          likely will not be compatible.  Future smart grid research  
          planned by the CEC includes assessing smart grid technologies  
          and functional areas through micro-grid demonstration projects.
           REGISTERED SUPPORT / OPPOSITION  :
           Support 
           
          AT&T
          California Public Utilities Commission (CPUC) (with amendments)
          Clean Power Campaign (with amendments)
          Natural Resources Defense Council (NRDC)
          Office of Mayor Antonio Villaraigosa, City of Los Angeles
          Optimal Technologies (U.S.), Inc.
          Sempra Energy
          Sierra Club California
          Southern California Edison (SCE)
          TechNet
          Valley Industry and Commerce Association
          Valley Industry and Commerce Association (VICA)
           Opposition 
           
          Michael Ross
           Analysis Prepared by  :    Gina Adams / U. & C. / (916) 319-2083