BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          AB 2868 (Gatto) - Energy storage
          
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          |Version: June 15, 2016          |Policy Vote: E., U., & C. 7 - 2 |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 8, 2016    |Consultant: Narisha Bonakdar    |
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          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  AB 2868 requires investor-owned utilities (IOUs) to  
          file applications with the California Public Utilities  
          Commission (CPUC) for programs and investments to accelerate the  
          widespread deployment of distributed energy storage systems.


          Fiscal  
          Impact:  
           One-time costs of approximately $500,000 (Utilities  
            Reimbursement Account) to the CPUC for a consulting budget.
           Approximately $419,000 (Utilities Reimbursement Account)  
            annually to the CPUC for staffing costs. (See staff comments) 
           Minor costs to the Air Resources Board (ARB) for consultation.

          Background: Existing state programs seek to foster development  
          and deployment of energy storage systems.  AB 2514 (Skinner,  
          Chapter 469, Statutes of 2010) statute requires the CPUC to  
          determine appropriate targets, if any, for Load Serving Entities  
          (LSE) to procure energy storage systems by 2015 and 2020, and  
          directed publicly owned utilities (POU) to set their own  







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          comparable energy storage system procurement targets.  The CPUC,  
          in implementing AB 2514, established energy storage system  
          procurement targets for the state's three largest electric IOUs.

          The CPUC reports the IOUs have each progressed in meeting their  
          energy storage procurement goals.  However, none has yet met its  
          final procurement goal in any category, other than SCE, which  
          has already exceeded the procurement goal for customer-side  
          storage.

          The state has also provided financial incentives to energy  
          storage systems.   Over the last several years, the CPUC reports  
          that the Self-Generation Incentive Program (SGIP), which the  
          CPUC administers, has awarded $42 million to nearly 1,200 energy  
          storage projects. 

          The CPUC is currently considering revisions to SGIP program  
          eligibility.  While the CPUC has yet to make a decision about  
          program revisions, a staff proposal recommends reserving at  
          least 75 percent of future program awards for energy storage  
          systems.  A primary rationale for this storage-focus is the CPUC  
          staff's belief that the energy storage industry is ripe for  
          market transformation, so that system subsidies have the  
          potential or even the likelihood to lead to decreases in energy  
          storage system costs.

          Time-of-use rates.  TOU rates are a mechanism to shape demand  
          for energy.  TOU rates rely on price signals to encourage  
          customers to reduce their use of electricity when the relative  
          availability of electricity is low or, in some cases, to  
          increase their electricity use when relative supply is abundant.  


          Currently, the CPUC requires all commercial and industrial  
          customers of the IOUs to participate in TOU rates.  Statute  
          authorizes the CPUC to allow or require IOUs to offer TOU rates  
          to residential customers beginning in 2018.  The CPUC has  
          recently required the IOUs to offer mandatory TOU rates to  
          residential customers beginning in 2019, with the option for the  
          customer to opt out of such rates at his or her request.    


          Proposed Law:  
            This bill:








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          1)Directs the CPUC, in consultation with the ARB and the CEC, to  
            direct IOUs to file applications for programs and investments  
            to accelerate widespread deployment of distributed energy  
            storage systems to achieve ratepayer benefits, reduce  
            dependence on petroleum, meet air quality standards, and  
            reduce emissions of greenhouse gases. 

          2)Requires the CPUC to approve, or modify and approve, programs  
            and investments in distributed energy storage systems with  
            appropriate energy storage management systems and reasonable  
            mechanisms for cost recovery from all distribution customers  
            for distribution level distributed energy storage systems, and  
            from transmission customers for transmission level distributed  
            energy storage systems, if they are consistent with the  
            section and are in the interest of the ratepayers.

          3)Requires the CPUC to first approve programs and investments  
            that provide distributed energy storage systems to industrial,  
            commercial, and low-income customers. 

          4)Authorizes the CPUC, beginning January 1, 2019, to approve  
            programs and investments offered to residential customers who  
            enroll in TOU pricing.

          5)Defines "distributed energy storage system" as an energy  
            storage system with a useful life of at least 10 years that is  
            located on the customer side of the meter.

          6)Defines "energy storage management system" as a system by  
            which an IOU can manage the charging and discharging of the  
            distributed energy storage system in a manner that provides  
            benefits to ratepayers.

          7)Defines "compete fairly with nonutility enterprises" as the  
            elimination of the ability of a nonutility enterprise to  
            install distributed energy storage systems for the benefit of  
            utility customers. 

          8)Sunsets all of the above provisions as of January 1, 2020.


          Related  
          Legislation:  AB 33 (Quirk, 2015) reiterates existing law, which  








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          states that new pumped hydroelectric storage facilitates  
          eligible for any increased energy storage system targets adopted  
          by the CPUC.  AB 33 is the Senate Floor.

          SB 886 (Pavley, 2015) would require appropriate energy storage  
          system procurement targets; requires each load-serving entity  
          and locally owned public electric utility to plan for the  
          procurement of energy storage systems before fossil-fuel-based  
          generation; and requires each electrical corporation to propose  
          measures to encourage customers to install energy storage  
          systems.  SB 886 is pending hearing in the Assembly  
          Appropriations Committee.


          Staff  
          Comments:  According to the CPUC:
          AB 2868 would require the CPUC to establish new IOU programs and  
          investments to accelerate deployment of energy storage systems  
          that achieve ratepayer benefits such as grid benefits and  
          customer bill savings, but without ratepayer subsidy.  This  
          would require one consolidated or three separate 18-24 month  
          application approval proceedings and an implementation roll-out  
          phase.  Significant analytic tools and procedural effort will be  
          required to determine the appropriate rate design, cost  
          recovery, program design, and storage and energy management  
          systems that will achieve the goals while keeping ratepayers  
          whole.  This is potentially equivalent to establishing a "NEM"  
          like tariff structure for energy storage.


          Implementation will require:


                 1 permanent Public Utilities Regulatory Analyst V to  
               support the proceeding


                 1 Permanent Administrative Law Judge II to preside over  
               the proceeding


                 0.5 Public Utilities Counsel to advise on legal issues  
               in the first two years of the proceeding









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          Additionally, a $500,000 consultant budget would be needed over  
          the course of two years to build an analytic "public tool" to  
          support optimal rate design that achieves net rate payer  
          benefits without cross subsidy.  The Base Year cost for all the  
          positions is $418,509 plus an additional total of $500,000 in  
          consulting fees in Year 1 and Year 2.




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