BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2868 (Gatto) - Energy storage ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 15, 2016 |Policy Vote: E., U., & C. 7 - 2 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 8, 2016 |Consultant: Narisha Bonakdar | | | | ----------------------------------------------------------------- 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 AB 2868 (Gatto) Page 1 of ? 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: AB 2868 (Gatto) Page 2 of ? 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 AB 2868 (Gatto) Page 3 of ? 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 AB 2868 (Gatto) Page 4 of ? 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. -- END --