BILL ANALYSIS Ó AB 197 Page 1 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 AB 197 Page 2 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 Page 3 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 AB 197 Page 4 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, eachelectrical corporationretail 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: AB 197 Page 5 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 Page 6 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