BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1330| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1330 Author: Bloom (D) Amended: 9/4/15 in Senate Vote: 21 SENATE ENERGY, U. & C. COMMITTEE: 7-3, 7/13/15 AYES: Hueso, Hertzberg, Hill, Lara, Leyva, Pavley, Wolk NOES: Fuller, Cannella, Morrell NO VOTE RECORDED: McGuire SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15 AYES: Lara, Beall, Hill, Leyva, Mendoza NOES: Bates, Nielsen ASSEMBLY FLOOR: 46-29, 6/4/15 - See last page for vote SUBJECT: Demand response SOURCE: California Energy Efficiency Industry Council DIGEST: This bill requires the California Public Utilities Commission (CPUC), by June 30, 2018, in consultation with the California Energy Commission (CEC), electrical corporations, local publicly owned electric utilities and community choice aggregators, to establish an annual goal for demand response. Senate Floor Amendments of 9/4/15 provide the CPUC an additional eight months to develop the required demand response goals for electrical utilities. Additional amendments clarify the demand response goal including removing specific references to an annual procurement goal and to demand response designed to lower peak demand. AB 1330 Page 2 ANALYSIS: Existing law: 1)Establishes a charge on electricity and natural gas consumption to fund cost-effective energy efficiency and conservation activities. (Public Utilities Code §§381 and 890) 2)Requires the CPUC to establish policies and procedures by which an entity, including a community choice aggregator (CCA), may apply to become administrators for cost-effective energy efficiency and conservation programs pursuant to §381. (Public Utilities Code §381.1) 3)Requires electric corporation procurement plans to first meet unmet resource needs through all available energy efficiency, and demand reduction resources that are cost effective, reliable, and feasible. (Public Utilities Code §454.5) 4)Requires each local publicly owned electric utility, in procuring energy to serve the load of its retail end-use customers, to first acquire all available energy efficiency and demand reduction resources that are cost effective, reliable, and feasible. (Public Utilities Code §961.5) 5)Requires the CEC to, every two years, adopt an integrated energy policy report containing an overview of major energy trends and issues facing the state, including, but not limited to, supply, demand, pricing, reliability, efficiency, and impacts on public health and safety, the economy, resources and the environment. (Public Resources Code §25302) 6)Requires the CEC to develop a statewide estimate of all potentially achievable cost-effective electricity and natural gas savings, and establish targets for statewide annual energy efficiency savings and demand reduction for the next 10-year period. (Public Resources Code §25310) This bill: 1)Requires the CPUC, by June 30, 2018, in consultation with the CEC, electrical corporations, local publicly owned electric AB 1330 Page 3 utilities, and CCAs, to establish in a public process an annual goal for demand response with a timetable for achieving that goal. 2)Requires that the demand response goal advances renewable energy resources integration, greenhouse gas reductions, and grid reliability and that shall be achieved by each electrical utility through supply-side demand response and types of load-modifying demand response. 3)Requires the CPUC in establishing the demand response goal to consider the role of clean technologies, such as consumer-sited energy storage, electric vehicle charging, and distributed generation resources. 4)Requires the CPUC to require electrical corporations to achieve the annual demand response goal. 5)Specifies that the governing boards of local publicly owned electric utilities and CCAs who elect to administer energy efficiency programs for its customers are responsible for achieving the annual demand response goal. Background Energy loading order. Following the 2001 energy crisis, the Legislature codified a "loading order" of preferred energy resources, requiring the IOUs' electricity procurement plans to first meet unmet resources needs through all cost-effective, reliable, and feasible energy efficiency and demand response. The energy loading order was subsequently adopted by the state's energy agencies and guides the state's energy policies and decisions according to the following order of priority: (1) decreasing electricity demand by increasing energy efficiency; (2) responding to energy demand by reducing energy usage during peak hours; (3) meeting new energy generation needs with renewable resources; and (4) meeting new energy generation needs with clean fossil-fueled generation. Demand response. Demand response is end-use electric customers reducing their electricity usage in a given time period, or shifting that usage to another time period. The need for demand response as flexible and available resources continues to grow as an important piece of the electric grid integration puzzle. AB 1330 Page 4 However, demand response need not be limited to peak demand incidents. Ultimately, a flexible and dynamic grid will require demand response to be available even during non-peak times, particularly with the need to better integrate renewable energy resources and provide greater grid reliability. In fact, the CPUC has opened a proceeding to examine integrated demand side management to more effectively coordinate certain activities, including the timing and use of electric vehicle charging, distributed generation, energy storage, and others. Underutilized resource? While demand response programs are varied and available as a resource, a 2013 CPUC staff study found they are underutilized. The study looked at demand response programs in 2012 when the San Onofre Nuclear Generating Station was out. According to the study, "even with the SONGS outage, the Utilities did not trigger their DR programs in 2012 summer more frequently as anticipated. Almost all of the Utilities' 2012 DR program events and hours fall within the historical averages or below the historical maximum. However, staff was surprised to find that the Utilities dispatched their peaker power plants (peaker plants) three to four times more frequently in 2012 than the historical averages." Is this bill workable? The recent floor amendments make this bill unworkable as it relates to publicly-owned utilities since the CPUC does not regulate publicly-owned utilities and should therefore not be the agency tasked with establishing demand response goals for these utilities. On the other hand, it may make more sense for the CEC to be tasked with working with publicly-owned utilities to establish demand response goals. Furthermore, the absence of a procurement requirement raises questions about the ability of the demand response goal to be measured or enforced. Prior Legislation SB 1414 (Wolk, Chapter 627, Statutes of 2014) required utilities and regulators to include demand response in resource adequacy plans. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Senate Appropriations Committee: AB 1330 Page 5 Ongoing costs of $700,000 annually to the Energy Resources Program Account (General Fund) for the CEC to adopt cost limitations for each utility. Ongoing cost pressures of $850,000 to the Energy Resources Program Account (General Fund) for the CEC to collect, review, and verify utility reports. Annual costs of $700,000 for two years to the Energy Resources Program Account (General Fund) for the CEC to establish peak demand reduction procurement goals. Ongoing costs of approximately $420,000 annually to the Public Utilities Reimbursement Account (special) for overseeing IOU and CCA compliance with energy efficiency standard requirements. SUPPORT: (Verified9/8/15) California Energy Efficiency Industry Council (source) California Energy Storage Alliance Energy Solutions EnerNOC, Inc. Environmental Defense Fund Proteus, Inc. Small Business California TELACU The Utility Reform Network OPPOSITION: (Verified9/8/15) California Municipal Utilities Association City of Burbank Water and Power City of Pasadena Water and Power City of Riverside Public Utilities Department Imperial Irrigation District Northern California Power Agency AB 1330 Page 6 Pacific Gas and Electric Company Sacramento Municipal Utility District San Diego Gas and Electric Sempra Energy Utilities Southern California Gas Southern California Edison Southern California Public Power Authority ARGUMENTS IN SUPPORT: The author argues that though broad targets have been set via the state's current efforts there currently are no specific requirements that would drive and ensure the adoption of demand side energy resources, such as energy efficiency and demand response, at a level that would provide certainty for energy resource planning and achievement of AB 32 (Nunez/Pavley, Chapter 488, Statutes of 2006) and potential future greenhouse gas reduction goals. ARGUMENTS IN OPPOSITION: Opposition based on pre-Senate Appropriations Committee language regarding energy efficiency goals which is no longer included in this bill. ASSEMBLY FLOOR: 46-29, 6/4/15 AYES: Alejo, Bloom, Bonilla, Bonta, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, McCarty, Mullin, Nazarian, O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Atkins NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang, Chávez, Beth Gaines, Gallagher, Gatto, Gray, Grove, Hadley, Harper, Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk NO VOTE RECORDED: Brown, Cooper, Dahle, Roger Hernández, Medina Prepared by:Nidia Bautista / E., U., & C. / (916) 651-4107 9/8/15 21:55:21 **** END **** AB 1330 Page 7