BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           805 (Wright)
          
          Hearing Date:  5/4/2009         Amended: 5/4/2009
          Consultant:  Bob Franzoia       Policy Vote: Energy 8-1
          _________________________________________________________________ 
          ____
          BILL SUMMARY:  B 805 would revise the California Renewables  
          Portfolio Standard (RPS) Program, as follows:
          - Require investor owned utilities (IOUs) to increase total  
          procurement of electricity generated by eligible renewable  
          energy resources by at least an additional one percent of retail  
          sales annually so that 33 percent of its retail sales are  
          procured from eligible renewable energy resources no later than  
          December 31, 2020.
          - Require that, beginning January 1, 2012, the cost limitation  
          established by the PUC be three percent of the previous year's  
          annual revenue requirement for all direct and indirect RPS  
          costs.
          - Require the PUC to adopt flexible rules for compliance with  
          the existing and proposed RPS procurement thresholds.
          - Require that if, despite good faith efforts to procure  
          renewable energy resources, the procurement options are  
          insufficient to meet thresholds due to insufficient supply or  
          uncompetitive prices, an IOU will not be deemed out of  
          compliance by the PUC.
          - Require that the RPS program allow electricity from renewable  
          energy resources and unbundled renewable energy credits (RECs)  
          from out-of-state renewable energy resources, as defined,  
          provided that in-state renewable energy resources be preferred.
          - Authorize IOU to meet no more than 25 percent of its RPS  
          requirements with unbundled RECs from renewable energy resources  
          located out-of-state but within the Western Electricity  
          Coordinating Council.
          - Require publicly owned utilities (POUs) to meet similar RPS  
          requirements and require POUs to annually report to the  
          California Energy Commission (CEC) on progress toward meeting  
          the RPS requirements.
          - Require that certified RECs must meet specified conditions set  
          forth in this bill.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)











           Major Provisions         2009-10      2010-11       2011-12     Fund
           PUC administration                   
             RPS program                   $170              $335     $335  
                        Special*                                            
             
             
              Proceeding                   Unknown, potentially up to $525  
          one time       Special*
                                              
          CEC administration       Minor, absorbable costs ongoing          
               Special**

          State energy costs                          Unknown cumulative  
          increase potentially    General/
                                                            $279,000  
          annually statewide beginning       Special***
                                           2010 to 2013 to meet new RPS  
          threshold.
                                           See Staff Comments

          * PUC Utilities Reimbursement Account

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          SB 805 (Wright)

          ** Energy Resources Programs Account
          *** Service Revolving Fund, other special funds (total estimated  
          on IOU usage)
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.
          
          Chapter 516/2002 (SB 1078, Sher) and Chapter 464/2006 (SB 107,  
          Simitian) established and revised the RPS program which requires  
          IOUs to increase procurement from eligible renewable energy  
          resources by at least one percent of retail sales annually,  
          until they reach 20 percent by 2010.  The 20 percent threshold  
          in Chapter 516 was accelerated from 2017 to 2010 by Chapter 464.

          Executive Order S-14-08 ordered that all retail sellers of  
          electricity shall serve 33 percent of their load with renewable  
          energy by 2020.  The order directed state agencies 
          to take all appropriate actions to implement this target in all  
          regulatory proceedings, inlcuding siting, permitting, and  










          procurement for renewable energy power plants and transmission  
          lines.
          
          WECC
          The WECC was formed by the merger of the Western Systems  
          Coordinating Council (WSCC) the Southwest Regional Transmission  
          Association, and Western Regional Transmission Association.  It  
          is responsible for coordinating and promoting electric system  
          reliability.  (The WSCC was comprised of 40 electric power  
          systems representing the electric power systems engaged in bulk  
          power generation and/or transmission serving all or part of the  
          14 Western States and British Columbia.) 
          
          RECs
          As noted in the Senate policy committee analysis, RECs generally  
          represents the environmental and renewable attributes of  
          renewable electricity as a separate commodity from the energy  
          itself.  In concept and under current law, a REC can be sold  
          either "bundled" with the underlying energy or "unbundled" into  
          a separate REC trading market. In general, RECs can be traded in  
          voluntary markets or compliance markets. In the voluntary  
          market, any company (e.g. a grocery store chain) that wishes to  
          claim that it is powered by clean energy may buy non-renewable  
          power from its local energy provider and also buy an equivalent  
          amount of RECs that have been "unbundled" from renewable energy  
          produced elsewhere.  In some RPS compliance markets, the load  
          serving entities can use unbundled RECs, rather than actual  
          renewable energy, to comply with their RPS goals. In either  
          case, once the RECs are unbundled from the energy, the energy is  
          considered non-renewable power.
          
          PUC 
          The PUC's RPS program responsibilities include:
          - Determining annual procurement targets and enforcing  
          compliance. 
          - Reviewing and approving IOU renewable energy procurement  
          plans. 
          - Reviewing IOU contracts for RPS-eligible energy. 
          - Establishing the standard terms and conditions used by IOUs in  
          their contracts for    eligible renewable energy. 
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          SB 805 (Wright)

          - Calculating market price referents for non-renewable energy  
          that serve as benchmarks for the price of renewable energy.











          RPS Program
          The PUC has identified the need for three regulatory analyst  
          positions ongoing.  Since current RPS staff is still  
          implementing the 20 percent 2010 threshold, the new staff will  
          concurrently address expanded implementation issues.  At this  
          time, it is unknown whether a proceeding to revise the 33  
          percent RPS requirement will be needed.  
          
          Preliminary generation and transmission cost information
          A joint PUC/CEC greenhouse gas proceeding estimated statewide  
          RPS revenue requirements in 2020 depending on one of three  
          scenarios.  These scenarios also provide an estimate of energy  
          costs on an average rate per kiloWatt hour (kWh).  The  
          proceeding identified an average rate in 2008 of $0.13 per kWh.   
          The scenarios are:

          - Natural Gas Only Case.  This is essentially the Air Resources  
          Board's (ARB) business as usual case and envisions no further  
          investments in either energy efficiency or RPS energy.  
          - Reference Case.  This case projects continuation of current  
          levels of energy efficiency programs and the 20 percent RPS  
          through 2020, or current law.
          - Accelerated Policy Case.  This case implements the policies  
          recommended in the joint decision and adopted in the ARB's  
          Proposed Scoping Plan-33 percent RPS threshold and significantly  
          expanded energy efficiency programs. 

          The average rate per kWh increase to reach the Reference Case  
          (reflects current law) is estimated at $0.15.  The average rate  
          per KWh to reach the Accelerated Policy Case (changes to current  
          law proposed by this bill plus high goals energy efficiency  
          inputs) is estimated at $0.17.  

          (The energy efficiency inputs are:
          - Energy efficiency: High goals energy efficiency scenario based  
          on PUC Goals Update Study and POU AB 2021 (Chapter 734/2006)  
          filings: 36,559 gigawatt hour (GWh).
          - Rooftop solar photo voltaic (PV): 3,000 MW nameplate (100  
          percent efficiency) of rooftop PV installed.
          - Demand response: five percent of demand response.
          - Combined heat and power (CHP): 1,574 MegaWatt (MW) small CHP <  
          5 MW and 2,804 MW larger CHP > 5 MW.)

          The PUC analysis estimates achieving a 33 percent RPS threshold  
          in 2020 will cost $8.9 billion in generation and transmission  
          costs but will save $6.3 billion in avoided costs (the cost of  










          building and operating conventional fossil fueled generation)  
          resulting in a net cost to ratepayers of $2.6 billion annually.   
          The key drivers in the analysis include natural gas prices, the  
          level of energy efficiency achieved, and renewable technology  
          development.  

          On a net cost basis, the difference between current rates to the  
          Accelerated Policy Case and the Reference Case is $2.6 billion  
          and $1.8 billion.  Those annual costs to 
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          SB 805 (Wright)

          ratepayers (minus the high goals efficiency program, which is  
          not a provision of this bill) are noted in the following chart  
          in 2008 dollars.

           ------------------------------------------------------------------- 
          |                |Existing to 20  |Existing to 33  |Difference      |
          |                |percent RPS     |percent RPS     |between 20      |
          |                |                |                |percent and 33  |
          |                |                |                |percent RPS     |
          |----------------+----------------+----------------+----------------|
          |Annual Cost in  |$3,400,000,000  |$8,900,000,000  |$5,500,000,000  |
          |2020            |                |                |                |
          |----------------+----------------+----------------+----------------|
          |Annual Benefits |$2,600,000,000  |$6,300,000,000  |$3,700,000,000  |
          |in 2020         |                |                |                |
          |----------------+----------------+----------------+----------------|
          |Net Cost in     |  $800,000,000  |$2,600,000,000  |$1,800,000,000  |
          |2020            |                |                |                |
           ------------------------------------------------------------------- 

          Dividing $1.8 billion (the net cost difference between the  
          current 20 percent RPS threshold and the proposed 33 percent RPS  
          threshold) by estimated 2020 total system power of 330,000 GWh  
          results in a $0.00545 per kWh increase.  That is, the cost to  
          the 
          ratepayer when the RPS threshold is increased from 20 percent to  
          33 percent is slightly more than one half cent per kWh.

          Staff notes the PUC is finalizing a more thorough estimate of  
          total costs and net costs.

          According to the PUC analysis, the 33 percent RPS threshold  
          combined with energy efficiency will increase costs by four  
          percent annually compared to the Natural Gas Only Case scenario.  










           The PUC's Division of Ratepayer Advocates (DRA) estimates a  
          $0.04 or 25 percent increase per kWh to achieve a 33 percent RPS  
          threshold.  The DRA uses current rates ($0.13/kWh in 2008) as  
          the base to compare the 2020 Accelerated Policy Case rate.  (The  
          current kWh rate increases to the 2020 Natural Gas Only Case  
          even if all other RPS costs are held constant as a result of  
          increased investment and fuel costs.)

          State Energy Costs
          The state is a retail energy customer appropriating General  
          Funds for entities like the University of California, the  
          California State University, and the California Department of  
          Corrections and Rehabilitation, and K-14 education in a less  
          direct manner.  The Department of General Services allocates  
          Service Revolving Funds, a fund used for the purchase and sale  
          of materials, supplies and equipment and the rendering of  
          services, including energy used by special fund entities.  

          California is served by about 75 load-serving entities (LSEs).  
          There are: 
                 IOUs - 6 
                 POU - 48 
                 Rural Electricity Cooperatives - 4 
                 Native American Utilities - 3 
                 Other Electricity Service Providers - 14 

          The five largest utilities and total electricity consumption  
          (2007) are: 
             1.   Southern California Edison Company (SCE) - 88,208  
               million kWh 
             2.   Pacific Gas and Electric Company (PG&E) - 85,057 million  
               kWh 
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          SB 805 (Wright)

             3.   Los Angeles Department of Water and Power - 24,317  
               million kWh 
             4.   San Diego Gas & Electric (SDG&E) - 20,300 million kWh 
             5.   Sacramento Municipal Utility District  - 10,917 million  
               kWh 

          In 2008, within the SCE and SDG&E service territories, state  
          entities consume 739,651,000 (state), 428,876,000 (colleges and  
          universitites) and 1,930,848,000 (K-12) and 62,650,000 (state),  
          244,836,000 (colleges and universities) and 375,976,000 (K-12)  
          kWh, respectively.  Per kWH rates range from $0.096 for colleges  










          and universities to $0.16 for K-12 and from $0.07 for colleges  
          and universitites to nearly $0.17 for K-12, respectively.   
          Within the PG&E service terrritory, state entities consume  
          1,169,420 megaWatt hours (MWh) (16 percent of use by all  
          governmental activity (federal, state, county, city, district,  
          city/county, and foreign).  (At this time, K-12 consumption  
          within the PG&E service territory is an estimate of 50 percent  
          of total "district" govermental activity or 1,362,520 MWh.  This  
          varies total state PG&E consumption between 3 and 4.5 percent.)   


          Total state entity consumption within these IOU service  
          territories is estimated at approximately 6,315,000,000 kWh (10  
          to 11 percent of all consumption within these service  
          territoires).  IOUs deliver approximately two thirds (64.3  
          percent in 2007) of state systemwide electricity.  Adding POUs,  
          total state entity consumption is estimated at 15 to 16 percent  
          of all consumption in the state.  If the cost in 2020 to achieve  
          a 33 percent RPS threshold is $1.8 billion to all ratepayers,  
          state costs would increase by an estimated $279 million annually  
          (15.5 percent of $1,800,000,000) based on 2007 and 2008  
          electricity consumption data.

          Other non General Fund entities may be affected.  For example,  
          though the provisions of the bill relate to retail rates, and  
          the State Water Project (SWP) is a wholesale purchaser, to the  
          extent that there are new costs associated with new transmission  
          lines, SWP costs may increase.  Currently, SWP  
          transmission-related costs are several million dollars annually.  
           

          The Department of Water Resources, which has oversight of the  
          SWP, has a Budget Change Proposal requesting nine personnel  
          years and $1.7 million (California Water Fund) to support a new  
          effort to increase the use of renewables in the SWP power  
          portfolio. 

          Changes in energy usage, climate changes including changes in  
          rainfall, regulatory changes, efficiencies in renewable energy  
          production, and changes in the cost and availability of fossil  
          fuels will impact these costs.