BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 197 (Eduardo Garcia) - Public utilities: renewable resources. ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 29, 2015 |Policy Vote: E., U., & C. 7 - 1 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: July 13, 2015 |Consultant: Marie Liu | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: This bill modifies the Renewable Portfolio Standard procurement process to require consideration of the statutory greenhouse gas (GHG) emissions limit and grid reliability. Fiscal Impact: Ongoing annual cost pressures of $226,000 from the Public Utilities Reimbursement Account (special fund) for additional review of procurement plans. One-time cost pressures of $157,000 annually for two years to the Public Utilities Reimbursement Account (special fund) for a proceeding. Annual cost pressures of $800,000 for five years to the Public Utilities Reimbursement Account (special fund) to hire consultants for modeling and analysis. Background: Existing law requires retail sellers of electricity - AB 197 (Eduardo Garcia) Page 1 of ? investor-owned utilities (IOUs), community choice aggregators, and energy service providers- and publically owned utilities (POUs) to increase purchase of renewable energy such that at least 33 percent of the retail sales are procured from renewable energy resources by December 31, 2020. This requirement is phased through specified compliance periods. This requirement is known as the Renewable Portfolio Standard (RPS). The IOUs, which are regulated by the CPUC, individually submit proposed plans to the CPUC that detail how the IOUs intend to procure renewable energy resources in the coming compliance period. The CPUC can approve, modify, or reject the plan. In the CPUC's review, it is required to assess the total cost of achieving the RPS requirements. Specifically, the statute requires the CPUC to develop a process that provides criteria to rank least-cost and best-fit eligible renewable resources so that RPS procurement obligations can be done on a "total cost" basis. This process is required to "take into account" the following: Estimates of indirect costs associated with needed transmission investments. The cost of procurement. The project's viability to construct and reliability operate. Workforce development- and employment growth-related issues. Integration and operating expenses. If an electrical corporation would be unable to achieve the RPS requirements without exceeding the cost limitations, the IOU would be exempted from entering into new contracts that would exceed the limitation so long as there are no eligible renewable energy resources that can be procured without exceeding a de minimums increase in rates. Proposed Law: This bill would add two factors that the CPUC is required to consider when ranking and selecting the "least-cost" and "best-fit" renewable resources: (1) the statewide GHG limit under AB 32, and (2) capacity and essential reliability services to ensure grid reliability. Electric utilities would be required to consider these two additional factors when adopting their procurement plan. This bill would also add "best-fit" to the basis by which the CPUC is to rank order and select least-cost and best-fit AB 197 (Eduardo Garcia) Page 2 of ? eligible renewable energy resources. This bill would require an electrical corporation to enter into new contracts or construct facilities beyond the cost limit to the extent that the procurement is authorized by a CPUC. The enactment of this bill is contingent upon the enactment of AB 645 (Williams), which increases the RPS requirement to 50% by 2031. AB 645 is currently in the Senate Appropriations Committee. Staff Comments: The CPUC, at least to some extent, already takes actions that would be required by this bill, especially since reliability is key to the CPUC's core mission. As this bill only requires the CPUC to "take into account" the statewide GHG limits and grid reliability, and not any specific actions, in a strict reading of the bill, one could conclude that the CPUC already largely complies with the bill and therefore should incur minimal costs. As stated in the Senate Energy Committee's analysis of this bill, "[T]he bill sets a low bar that the electric utilities, in developing their procurement plans, and the CPUC in reviewing the IOUs' plans, should easily clear?In fact, the CPUC reports that the procurement process already considers these factors." However, critics of the CPUC's existing least-cost, best-fit procurement process believe that GHG emissions and grid reliability are not being given sufficient consideration. To the extent that this bill gives legislative direction to the CPUC to increase its efforts in this area, or gives statutory language for interested parties to urge the CPUC to do so, this bill creates cost pressures. The CPUC anticipates that it would have annual costs of $157,000 for two years for a proceeding and $226,000 annually ongoing for additional staff to review procurement plans and to modify its long-term planning process to consider the statewide GHG limit and grid reliability. The CPUC also feels that it would need to AB 197 (Eduardo Garcia) Page 3 of ? contract out for modeling and analysis at an annual cost of $800,000 for five years. -- END --