BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 197


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          Date of Hearing:  April 20, 2015


                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE


                                    Rendon, Chair


          AB  
                   197 (Eduardo Garcia) - As Amended  March 26, 2015


          SUBJECT:  Public utilities:  renewable resources


          SUMMARY:  This bill would revise electricity procurement  
          requirements under the State's Renewable Portfolio Standard  
          (RPS).  Specifically, this bill:  


          a)Requires the California Public Utilities Commission (CPUC) to  
            adopt a process that includes "best-fit" basis along with  
            total cost for rank ordering renewable energy bids to comply  
            with the RPS.

          b)Requires the CPUC and the governing board of a local publicly  
            owned electric utility to consider greenhouse gas emissions  
            when considering renewable energy bids to comply with the RPS.

          c)Requires the CPUC to consider capacity and essential  
            reliability services when considering renewable energy bids to  
            comply with the RPS.

          d)Requires each electrical corporation to consider the best-fit  
            attributes of resource types that ensure a balanced resource  
            mix to maintain the reliability of the electrical grid in  
            their solicitations and procurement of eligible renewable  
            energy resources.

          e)Allows costs to exceed cost containment provisions if the  
            procurement is not part of the RPS procurement requirements  








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            and is instead procured to meet the CPUC's long-term  
            procurement plan.

          EXISTING LAW:  


          1)States the California Renewables Portfolio Standard program  
            requires investor owned utilities, local publicly owned  
            utilities and energy service providers to increase purchases  
            of renewable energy such that at least 33% of retail sales are  
            procured from a renewable energy resource by December 31,  
            2020.  (Public Utilities Code §399.11)

          2)Authorizes the CPUC to require the procurement of eligible  
            renewable energy resources in excess of the quantities  
            specified in the RPS.  (Public Utilities Code §399.15 (a)(3))

          3)Requires the CPUC specify the allocation of electricity,  
            including quantity, characteristics, and duration of  
            electricity delivery that the Department of Water Resources  
            shall provide under its power purchase agreements to the  
            customers of each electrical corporation, which shall be  
            reflected in the electrical corporation's proposed procurement  
            plan.  (Public Utilities Code §454.5)

          4)Requires each electrical corporation shall file a proposed  
            procurement plan with the CPUC not later than 60 days after  
            the commission specifies the allocation of electricity. After  
            the commission's adoption of a procurement plan, the  
            commission shall allow not less than 60 days before the  
            electrical corporation resumes procurement pursuant to this  
            section.  (Public Utilities Code §454.5)



          5)Requires long-term plans adopted by electrical corporations or  
            procurement plans adopted by a locally publicly owned  
            electricity utility to adopt a strategy in both new and  
            refurbished generation owned and procured to achieve  
            efficiency in fossil fuel use to address carbon emissions.   
            (Public Utilities Code §635).









                                                                     AB 197


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          FISCAL EFFECT:  Unknown.


          COMMENTS:  


           1)Author's Statement  .  "In achieving the Governor's goal of 50%  
            renewables by 2030, California will need a diverse and  
            balanced renewable energy portfolio to ensure a low-carbon and  
            reliable grid.  As California moves in this direction,  
            best-fit attributes of renewable energy resources, in addition  
            to their total costs, should be taken into consideration.   
            This will help ensure that California's future is cleaner by  
            meeting the state's GHG reduction goals, and Renewable  
            Portfolio Standard, as well as ensuring a stable and reliable  
            grid." 



           2)Considerations in RPS Procurement.   AB 197 adds provisions to  
            an existing list of criteria for ranking and selection of  
            renewable energy bids submitted to comply with the RPS:  
           


                a.     Greenhouse gas emissions.   AB 197 does not authorize  
                 the PUC to enact greenhouse gas (GHG) requirements,  
                 merely to consider the GHG emission limits established in  
                 existing law.  
                b.     C  apacity and essential reliability.   AB 197 does not  
                 specify capacity or reliability services to ensure grid  
                 reliability but it does ask that these characteristics be  
                 considered in the ranking and selection of renewable  
                 energy bids.  





          3)Consideration of "Best Fit."   This bill requires   electrical  
            corporations to consider the best-fit attributes of resource  
            types that ensure a balanced resource mix to maintain the  








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            reliability of the electrical grid.  Best fit refers to the  
            selection of electric generation resources that produce  
            electricity in a manner that fits with current and projected  
            electrical load.  



          4)Clarifies application of RPS cost containment provisions.    
            This bill clarifies that cost containment provisions in the  
            RPS do not apply to procurement made outside of the RPS.  



          5)Suggested Amendments.  



            The author may wish to consider an amendment to replace  
            "electrical corporations" with "retail sellers of electricity"  
            in Section 399.13(a)(8) of the bill to conform to the RPS  
            statute that requires retail sellers of electricity to meet  
            its requirements:





            399.13(a)(8)  In soliciting and procuring eligible renewable  
            energy resources, each  electrical corporation   retail sellers  
            of electricity  shall consider the best-fit attributes of  
            resource types that ensure a balanced resource mix to maintain  
            the reliability of the electrical grid.


           


            The author may wish to consider an amendment to enact AB 197  
            contingent on the enactment of AB 645 (Williams).    
            Specifically:










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            SEC. 4.   This bill shall only become operative if both this  
            bill and Assembly Bill 645 of the 2015-16 Regular Session are  
            enacted.


            SEC. 5


            6)Support and Opposition.



             Supporters state that AB 197 will ensure that resources are  
            procured based on their value to the grid and the residents of  
            California and, by taking into account GHG emissions, would  
            allow the state to plan carbon-reducing procurement.





            TURN expresses concern that while they support AB 197, it may  
            not be compatible with changes included in other bills.


             


          7)Related Legislation.
             AB 645 (Williams, 2015) increases the RPS to 50%.
            SB 32 (Pavley, 2015) establishes 2050 GHG standards.
            SB 350 (De León, 2015) increases the RPS to 50%.

           8)Double referred  . This bill is double-referred to the Assembly  
            Committee on Natural Resources.

          REGISTERED SUPPORT / OPPOSITION:


          Support










                                                                     AB 197


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          California Biomass Energy Alliance
          Clean Power Campaign
          Energy Source
          Imperial Irrigation District
          Large Scale Solar Association
          TURN 


          Opposition


          None on file.


          Analysis Prepared  
          by:              Sue Kateley/U. & C./(916) 319-2083