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

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                                      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