BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 197 (Eduardo Garcia) - Public utilities: renewable resources.
          
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          |Version: April 29, 2015         |Policy Vote: E., U., & C. 7 - 1 |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: July 13, 2015     |Consultant: Marie Liu           |
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          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 -  







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          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  








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          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  








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          contract out for modeling and analysis at an annual cost of  
          $800,000 for five years. 




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