BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1258
                                                                  Page  1

          Date of Hearing:   April 15, 2013

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                               Steven Bradford, Chair
                   AB 1258 (Skinner) - As Amended:  March 13, 2013
           
            SUBJECT  :   Electricity: hydroelectric facilities.

           SUMMARY  :   This bill would require the California Public  
          Utilities Commission (PUC), on or before March 1, 2014, to open  
          a new proceeding or expand the scope of an existing proceeding  
          to determine the potential use of existing hydroelectric  
          facilities and specified pumped storage facilities.   
          Specifically,  this bill  :  

          Requires the PUC, on or before March 1, 2014, to open a new  
          proceeding or expand the scope of an existing proceeding to  
          determine the potential use of existing hydroelectric facilities  
          and specified pumped storage facilities to provide energy  
          resources with deliverability characteristics that may include  
          dispatchable baseload, firm, and as-available capacity  
          additional operational flexibility that could facilitate the  
          integration of renewable resources.

           EXISTING LAW  

          Existing law requires the PUC to open a new proceeding to  
          determine the appropriate targets, if any, for each load-serving  
          entity to procure viable and cost-effective energy storage  
          systems to be achieved by December 31, 2015, and December 31,  
          2020. (Public Utilities Code 2836)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  . "Renewable energy resources can address  
            the "peaking" dilemma in an environmentally friendly way.  The  
            current solution of using gas-fired peakers only adds to  
            carbon emissions.  A better solution would be to use  
            hydroelectric facilities to pump water uphill when the supply  
            of renewable energy resources exceeds the demand, and then,  
            when the demand suddenly exceeds the supply, to release the  
            water downhill, thereby generating clean, emission-free energy  
            to meet demand.








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          As a step toward the goal of using renewable energy to meet peak  
            energy demand, AB 1258 requires the PUC to determine whether  
            existing hydroelectric facilities can provide operational  
            flexibility to facilitate the use of renewable energy."

          2)The PUC currently has an open proceeding to determine  
            appropriate targets, if any, for each load-serving entity to  
            procure viable and cost-effective energy storage systems. The  
            PUC's proceeding will consider a variety of possible policies  
            to encourage the cost-effective deployment of energy storage  
            systems, including refinement of existing procurement methods  
            to properly value energy storage systems.

           3)Storage Research  . Through the ratepayer-funded Electric  
            Program Investment Charge (EPIC), the PUC is considering  
            funding energy storage research through both the  
            Investor-owned utilities (IOUs) and California Energy  
            Commission (CEC). Up to $15 million possible for IOU projects  
            that could include storage. As much as $60 million of the CEC  
            project budget could be applied to energy storage research  
            projects.   

           4)Focus on Pumped Storage  . This bill would add a new provision  
            into existing law which requires the PUC to investigate energy  
            storage. The new provisions in this bill would specify the PUC  
            is to determine if existing hydroelectric facilities can  
            provide operational flexibility that could facilitate the  
            integration of renewable resources.  Existing law specifies  
            three pumped storage facilities (Helms, Balsam Meadow, and  
            Oroville). This bill would add a fourth: Castaic.

           5)The PUC supports AB 1258 if amended.  The PUC states that it  
            has limited modeling resources which would impede the PUC  
            ability to conduct the analysis called for in this bill.  
            Instead the PUC states that the CEC has the expertise to  
            conduct an assessment of  the potential for hydroelectric and  
            pumped storage to provide operational flexibility and that, as  
            the state's primary energy policy and planning agency, the CEC  
            has the technical expertise and resources to study the  
            hydroelectric and pumped storage potential impacts on system  
            flexibility.
                
            6)State Water Project (SWP) is for Water Delivery.  Multiple  
            water agencies jointly opine that studying the potential for  








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            existing hydroelectric and pumped storage facilities to  
            facilitate renewable integration "will seriously impact the  
            primary mission of the SWP of ensuring reliable water  
            deliveries for the more than 25 million residents throughout  
            the state and more than 750,000 acres of agricultural lands."  
            AB 1258 includes studying facilities that are part of the SWP.  
            The water agencies also point out that currently, "the  
            hydroelectric generating plants at the named facilities can  
            produce most of their power during on-peak hours. When  
            combined with pumping most water during the off peak, the SWP  
            helps reduce stress on the power grid."  They point out that  
            "The amount of precipitation the state receives each year  
            significantly affects how much water passes through the  
            powerhouses and is pumped throughout the state. That in turn  
            dictates how much flexibility the facilities have in  
            generating power."

           7)Recommended Amendments  . The author may wish to consider the  
            following amendments to codify the uncodified intent  
            provisions in the bill with the reference to "constraints  
            required to protect fish, wildlife, and public safety" because  
            those constraints are existing law in other statutes; to  
            direct the CEC instead of the PUC to perform the assessment of  
            hydroelectric and pumped storage facilities; and to sunset the  
            statute after completion of the assessment:


            SECTION 1.  Section 25325 of the Public Resources Code is added  
            to read:  


          (a)It is the intent of the Legislature that load serving  
            entities maximize the use of existing hydroelectric and pumped  
            storage facilities for energy storage and renewable energy  
            integration  , subject to constraints required to protect fish,  
            wildlife, and public safety  .


             SEC. 2.  Section 2836 of the Public Utilities Code is amended  
            to read:


            2836. (a) (1) On or before March 1, 2012, the commission shall  
            open a proceeding to determine appropriate targets, if any,  
            for each load-serving entity to procure viable and  








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            cost-effective energy storage systems to be achieved by  
            December 31, 2015, and December 31, 2020. As part of this  
            proceeding, the commission may consider a variety of possible  
            policies to encourage the cost-effective deployment of energy  
            storage systems, including refinement of existing procurement  
            methods to properly value energy storage systems.

            (2) The commission shall adopt the procurement targets, if  
            determined to be appropriate pursuant to paragraph (1), by  
            October 1, 2013.
            (3) The commission shall reevaluate the determinations made  
            pursuant to this subdivision not less than once every three  
            years.
            (4) Nothing in this section prohibits the commission's  
            evaluation and approval of any application for funding or  
            recovery of costs of any ongoing or new development, trialing,  
            and testing of energy storage projects or technologies outside  
            of the proceeding required by this chapter.
            (b) (1) On or before March 1, 2012, the governing board of  
            each local publicly owned electric utility shall initiate a  
            process to determine appropriate targets, if any, for the  
            utility to procure viable and cost-effective energy storage  
            systems to be achieved by December 31, 2016, and December 31,  
            2020. As part of this proceeding, the governing board may  
            consider a variety of possible policies to encourage the  
            cost-effective deployment of energy storage systems, including  
            refinement of existing procurement methods to properly value  
            energy storage systems.
            (2) The governing board shall adopt the procurement targets,  
            if determined to be appropriate pursuant to paragraph (1), by  
            October 1, 2014.
            (3) The governing board shall reevaluate the determinations  
            made pursuant to this subdivision not less than once every  
            three years.
            (c) (1) On or before March 1, 2014, the commission shall open  
            a new proceeding or expand the scope of an existing proceeding  
            to determine the potential use of existing hydroelectric  
            facilities and pumped storage facilities specified in  
            paragraph (2) to provide additional operational flexibility  
            that could facilitate the integration of renewable resources.
            (2) The pumped storage facilities to which paragraph (1)  
            applies are the Helms pumped storage facility, the Balsam  
            Meadow pumped storage facility, the Oroville pumped storage  
            facility, the Castaic pumped storage facility, and the San  
            Luis pumped storage facility  .








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           (b)The commission , in consultation with the Public Utilities  
            Commission, the California Independent System Operator,  
            electrical corporations and publicly owned utilities, federal  
            power marketing authorities, the Bureau of Reclamation, and  
            the Department of Water Resources, shall perform a technical  
            analysis of the potential use for existing hydroelectric and  
            pumped storage facilities to provide additional operational  
            flexibility that could facilitate the integration of renewable  
            resources for the state's electricity grid. The commission  
            shall provide its technical analysis by November 1, 2014  
            pursuant to Section 25302 (d).
           (c)The analysis shall include scenarios, based on available  
            operation and modeling data, on means, if any, to improve and  
            optimize the operation of hydroelectric and pumped storage  
            facilities in a manner that meets California's environmental  
            and energy goals in a manner that could reduce costs to  
            consumers and impacts to the environment.  
           (d)The pumped storage facilities to which paragraph (b) and (c)  
            applies are the Helms pumped storage facility, the Balsam  
            Meadow pumped storage facility, the Oroville pumped storage  
            facility, the Castaic pumped  storage facility, and the San  
            Luis pumped storage facility.
          (e)This section shall remain in effect only until January 1,  
            2017, and as of that date is repealed.
           

           1)Related Legislation.
           
            AB 2514 (Skinner, Chapter 469, Statutes of 2010)

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Public Utilities Commission (CPUC) (if amended)
          Clean Power Campaign (sponsor)

           Opposition 
           
          Alameda County Water District
          Antelope Valley East Kern Water Agency
          Association of California Water Agencies (ACWA)
          Castaic Lake Water Agency
          Central Coast Water Authority
          Coachella Valley Water District








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          Crestline-Lake Arrowhead Water Agency
          Desert Water Agency
          Dudley Ridge Water District
          Kern County Water Agency
          Metropolitan Water District of Southern California
          Mojave Water Agency
          Palmdale Water District
          San Bernardino Valley Municipal Water District
          San Gorgonio Pass Water Agency
          Solano County Water Agency
          State Water Contractors, Inc.
          Valley Ag Water Coalition (VAWC)
           
          Analysis Prepared by  :    Susan Kateley / U. & C. / (916)  
          319-2083