BILL ANALYSIS Ó 1 SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE ALEX PADILLA, CHAIR AB 2227 - Bradford Hearing Date: July 3, 2012 A As Amended: June 12, 2012 Non-FISCAL B 2 2 2 7 DESCRIPTION Current law requires local publicly-owned electric utilities (POUs) to periodically report to the California Energy Commission (CEC) and its customers on energy goals, expenses, and progress including the procurement of renewable energy resources, the California Solar Initiative (CSI), energy efficiency and demand reduction programs, energy storage system procurement targets and policies, and the quantity and source of electricity generated to serve customers. This bill recasts and revises the reporting requirements of the POUs for the above energy programs which are intended to result in a streamlining and consolidation of reporting requirements. Current law requires POUs to acquire all available energy efficiency and demand reduction resources that are cost effective, reliable, and feasible. Every third year, each POU is required to identify all potentially achievable cost-effective electricity efficiency savings and establish annual targets for the next 10-year period to be followed within 60 days with a report to the CEC. This bill extends the reporting requirement to every four years. Current law requires POUs to annually report to the CEC and its customers, its investments in energy efficiency and demand reduction programs, a description of programs, expenditures, cost-effectiveness and expected and actual energy efficiency savings and demand reduction results. This bill extends those reporting requirement to once every two years. This bill requires POUs to post on an Internet Web site, its investments in energy efficiency programs and the CSI. BACKGROUND The CEC is responsible for monitoring the compliance of the POUs for several statutory programs including the Renewables Portfolio Standard (RPS) and the CSI and energy efficiency and energy storage mandates. Associated with these programs are periodic reports to the CEC. The disclosure and reports required of the POUs to the CEC have different deadlines and formats. Some are required annually, but at different dates; some on demand. A significant focus of the CEC is also the preparation and publication of its biennial Integrated Energy Policy Report (IEPR) for which the primary focus is to "conduct assessments and forecasts of all aspects of energy industry supply, production, transportation, delivery and distribution, demand, and prices" and to "use these assessments and forecasts to develop energy policies that conserve resources, protect the environment, ensure energy reliability, enhance the state's economy, and protect public health and safety." In its preparation of the IEPR, the CEC relies heavily on the state's electric and gas utilities to provide the data which forms the basis of its reports and the utilities must comply with data requests on a regular and timely basis. COMMENTS 1. Author's Purpose . According to the author the purpose of this bill is to streamline and synchronize the reporting requirements of the POUs to coincide with state energy policy reports. His intent is also to create a public and transparent reporting requirement on energy efficiency and renewable energy expenditures so that public utility ratepayers can be informed on the status and results of these expenditures. The bill will place all current public power reporting requirements in one section of the Public Utilities Code. Present mandates for reporting energy efficiency, renewable resources, greenhouse gas emissions, distributed generation, resource adequacy, and energy storage activities, among others are found in various sections of the Public Utilities Code and the Public Resources Code. 2. Relaxing Reporting Requirements . In the reorganization of energy efficiency reporting requirements, two substantive reports have been extended thereby reducing the policy development and reporting requirements of POUs for energy efficiency. First, the POUs are required, every three years, to identify all potentially achievable cost-effective electricity efficiency savings and establish annual targets for energy efficiency and demand reduction for the next 10-year period. Within two months of this analysis, the POUs are required to report the new targets to the CEC and the basis for establishing those targets. This bill extends the establishment of targets and related reporting requirements from every three years to every four years. The POUs are also required to report to the CEC each year on the programs developed, investments made, and progress achieved as a result of its energy efficiency and demand reduction programs. This bill extends those reports to every other year. There are more than 40 POUs in the state. If all had stellar energy efficiency and demand reduction programs, then the extension of their progress reports might be appropriate. However, many POUs have been less than diligent in their development of these programs which calls into question the appropriateness of relaxing their reporting requirements. Opponents to the bill argue that it "decreases the transparency of energy efficiency program accomplishments and plans for future accomplishments." To address this issue, the author reports that he will amend the bill to reinstate the requirement that the POUs make annual reports on energy efficiency investments and progress but also strike the proposed requirement that POUs make quarterly website disclosures concerning the status of energy efficiency programs. 3. Technical Amendments . The following technical amendments are necessary to ensure clarity of the reporting obligations and to also strike unnecessary provisions. a. Page 2, line 12, strike "(e)"; b. Page 11, line 34, strike suppliers, insert sellers; c. Page 14, line 25, strike suppliers, insert sellers; d. Page 18, line 22, after "following" insert: "to end-use customers"; e. Page 18, line 23, strike "to end-use customers"; and f. Page 21, strike lines 4-6. ASSEMBLY VOTES Assembly Floor (77-0) Assembly Utilities and Commerce Committee (13-0) POSITIONS Sponsor: Northern California Power Agency Support: California Municipal Utilities Association Oppose, unless amended: Clean Power Campaign Natural Resources Defense Council Sierra Club California Kellie Smith AB 2227 Analysis Hearing Date: July 3, 2012