BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS
                              Senator Ben Hueso, Chair
                                2015 - 2016  Regular 

          Bill No:          SB 765            Hearing Date:    4/21/2015
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          |Author:    |Wolk                                                 |
          |-----------+-----------------------------------------------------|
          |Version:   |4/6/2015    As Amended                               |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Jay Dickenson                                        |
          |           |                                                     |
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          SUBJECT: Net energy metering:  eligible customer generators

            DIGEST:    This bill requires the California Public Utilities  
          Commission (CPUC) to contract with an independent entity, to be  
          known as the California Market Transformation Administrator  
          (CalMTA), to coordinate the state's energy efficiency  
          market-transformation activities. 

          ANALYSIS:
          
          Existing law requires the CPUC to identify all potentially  
          achievable cost-effective electricity and natural gas efficiency  
          savings and to establish energy efficiency procurement targets  
          and ratepayer-funded programs for electrical and gas  
          corporations.  (Public Utilities Code §§ 454.55 and 454.56.)

          This bill:

             1.   Defines "market transformation" as a strategic process  
               to intervene in a market to create lasting change in market  
               behavior by removing identified barriers or exploiting  
               opportunities to accelerate the adoption of all  
               cost-effective energy efficiency as a matter of standard  
               practice.

             2.   Requires the CPUC, by July 1, 2017, to contract with an  
               independent entity to serve as the CalMTA, pursuant to a  
               contract of at least five years, to coordinate planning and  
               execution of the state's energy efficiency efforts through  
               long-term market transformation strategies. 









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             3.   Sets the budget for market transformation activities -  
               including CalMTA's budget and the CPUC's costs to manage  
               the contract with CalMTA - at between 5 percent and 10  
               percent of the total budget for energy efficiency  
               activities overseen by the CPUC, excluding low-income  
               energy efficiency programs.
           
             4.   Requires CalMTA to meet interim and long-term targets  
               set by the CPUC and to submit quarterly expense reports and  
               annual progress reports.

             5.   Directs CalMTA to work with the California Energy  
               Commission (CEC) to encourage local publicly-owned electric  
               utilities (POUs) to participate in the CalMTA's planning  
               efforts and provide funding and support for CalMTA's market  
               transformation initiatives.

             6.   Requires the CPUC to consider whether energy savings  
               expected to be delivered through CalMTA market  
               transformation initiatives should be excluded from the  
               targets established by the CPUC for investor-owned  
               utilities (IOUs).

          Background

           Energy Efficiency Sits Atop California Energy Policy  . The  
          "loading order" guides the state's energy policies and decisions  
          according to the following 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.  This policy has been adopted by the energy agencies  
          - CEC and CPUC - and its principles guide all energy programs.

          California's IOUs administer energy efficiency programs with  
          ratepayer funds approved by the CPUC.   Currently funded at  
          about $1 billion per year, the programs include a portfolio of  
          financial incentives, loans, and rebates for installing energy  
          efficient appliances, lighting, windows, HVAC systems,  
          whole-house retrofits, and specialized programs aimed at a  
          variety of sectors. 

           Market-Transformation vs. Resource Acquisition  . This bill  
          follows a white paper by consultants to the Energy Division of  









          SB 765 (Wolk)                                          PageC of?
          
          the CPUC on energy efficiency market transformation.<1>  That  
          work notes that CPUC energy efficiency programs oftentimes have  
          as an end goal "market transformation," meaning long-lasting,  
          sustainable changes in the structure or functioning of a market  
          achieved by reducing barriers to the adoption of energy  
          efficiency measures to the point where continuation of the same  
          publicly-funded intervention is no longer appropriate in that  
          specific market.  The paper notes that energy efficiency  
          programs often pursue the end goal of market transformation  
          through the use of resource acquisition, such as the offering of  
          rebates.  

          However, the paper contends that resource acquisition and market  
          transformation are oftentimes incompatible. This is because  
          resource acquisition programs tend to focus on relatively  
          certain near-term savings, whereas market transformation is  
          risky and slow to be realized.  Bureaucratic and market  
          incentives therefore too often focus on resource acquisition to  
          the detriment of market transformation.

          The paper recasts market transformation from an end goal to a  
          tool or strategy, rather than simply an end goal.  The paper  
          contends that only certain markets are susceptible to market  
          transformation.  The paper then recommends a complimentary  
          energy efficiency portfolio consisting of (1) resources  
          acquisition programs and (2) market transformation programs  
          targeted to those markets most susceptible to it. The paper  
          provides a chart to illustrate the distinction it makes between  
          market transformation and resource acquisition:


           --------------------------------------------------------------- 
          |              | Resource Acquisition  | Market Transformation  |
          |--------------+-----------------------+------------------------|
          |         Scale|Program                |Entire defined market   |
          |--------------+-----------------------+------------------------|
          |        Target|Participants           |All consumers           |
          |--------------+-----------------------+------------------------|
          |          Goal|Near-term savings      |Structural changes in   |
          |              |                       |the market leading to   |
          ---------------------------
          <1> Building a Policy Framework to Support Energy Efficiency  
          Market Transformation in California, Ralph Prahl and Ken  
          Keating, December 2014. 
           
          








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          |              |                       |long term savings       |
          |--------------+-----------------------+------------------------|
          |      Approach|Save energy through    |Save energy through     |
          |              |customer participation |mobilizing the market   |
          |--------------+-----------------------+------------------------|
          |     Scope of |Usually from a single  |Results from effects of |
          |        Effort|program                |multiple programs or    |
          |              |                       |interventions           |
          |--------------+-----------------------+------------------------|
          |    Amount of |PAs can control the    |Markets are very        |
          |      Program |pace, scale,           |dynamic, and the PAs    |
          |Administrator'|geographic location,   |are only one set of     |
          |     s control|and can identify       |actors.  If, how,       |
          |              |participants in        |where, and when the     |
          |              |general                |impacts occur are       |
          |              |                       |usually beyond the      |
          |              |                       |control of the program  |
          |              |                       |administrators.         |
          |--------------+-----------------------+------------------------|
          |      What is |Energy use and         |Interim and long term   |
          |     tracked, |savings, participants, |indicators of market    |
          |measured, and |and free-ridership     |penetration and         |
          |    evaluated |                       |structural changes,     |
          |              |                       |attribution to the      |
          |              |                       |program, and cumulative |
          |              |                       |energy impacts.         |
          |--------------+-----------------------+------------------------|
          |Timeframe for |Usually based on 1st   |Is usually planned over |
          |cost-effective|year or cycle savings  |a 5 -10 year timeframe  |
          |          ness|                       |                        |
          |--------------+-----------------------+------------------------|
          |              |                       |                        |
           --------------------------------------------------------------- 

          The paper further contends that the IOUs, which administer most  
          of the $1billion in CPUC-approved energy efficiency programs,  
          are predisposed to focus on resource acquisition, often at the  
          expense of market transformation.  This is because, according to  
          the paper: 

                 The IOUs are customer-service organizations.  Delivering  
               energy efficiency services to electricity or natural gas  
               customers comes somewhat naturally to the IOUs.   
               Fleet-footed entrepreneurial market engagement does not.
                 The IOUs face pressure from shareholders to produce  









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               profits in the short term, which is often incompatible with  
               long-term market transformation.
                 As regulated entities, the IOUs are risk averse, which  
               makes them unsuited to inherently risky and fast-moving  
               innovative markets.

          For these reasons, the paper recommends the CPUC follow the lead  
          of the "most successful" market-transformation initiative  
          elsewhere in the country<2> and select an independent, non-IOU  
          entity to manage the market-transformation projects in the  
          energy efficiency portfolio.

          The paper acknowledges that market transformation programs are  
          risky.  The authors list a number of measures to minimize and  
          manage that risk, among them:

                 Limiting the investment in market-transformation  
               programs to roughly 10 percent of the overall energy  
               efficiency portfolio.
                 Vetting rigorously, upfront, program concepts.
                 Evaluating market-transformation initiatives  
               continuously.
                 Collaborating with other jurisdictions and entities to  
               spread risk.
                 Allocating risk across stakeholders, rather than forcing  
               the IOUs to shoulder all the risk.

          The concept behind SB 765, and most of its particulars, flows  
          directly from the white paper. 

           Limits on Uses of Ratepayer Monies  . The bill declares that  
          creation of an entity, such as CalMTA, to conduct statewide  
          energy efficiency market transformation initiatives would assist  
          the state in advancing its energy efficiency and greenhouse gas  
          reduction goals.  The bill directs the CPUC to set the initial  
          budget for the market transformation programs at a level between  
          5 percent and 10 percent of the total budget for energy  
          efficiency activities overseen by the CPUC, excluding low-income  
          energy efficiency programs.

          ---------------------------
          <2> The authors note as particularly successful  
          market-transformation initiatives the Northwest Energy  
          Efficiency Alliance (NEEA); the Northeast Energy Efficiency  
          Partnership (NEEP); the New York State Energy Research and  
          Development Authority (NYSERDA); and Efficiency Vermont (EVT).








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          The monies the CPUC authorizes the IOUs to collect from  
          ratepayers are to pay for provision of service.  While the CPUC  
          has very broad discretion over allowable uses of such monies,  
          those funds are not the proceeds of taxes and may not be used to  
          provide general benefits to the people of California.  Rather,  
          the monies paid by the ratepayers of an IOU must be used to  
          directly benefit those same ratepayers. 

          The CPUC requires the implementation of a number of programs  
          funded by ratepayers that provide general benefits, in addition  
          to particular benefits enjoyed by the ratepayers. Such programs  
          include Energy Upgrade California - in part, a marketing  
          campaign promoting energy efficiency statewide - and the  
          Electric Program Investment Charge (EPIC) - a program that funds  
          clean energy research, demonstration and deployment projects.   
          This analysis assumes the CPUC will implement CalMTA program in  
          a way consistent with legal requirements regarding ratepayer  
          funds.

           The CPUC Could Address Market Transformation on Its Own  . The  
          CPUC oversees an energy efficiency portfolio of approximately $1  
          billion annually.  As part of that oversight, the CPUC makes  
          numerous requirements of the IOUs, including specifying how they  
          will manage their energy efficiency program monies.  The CPUC  
          has very broad discretion under its general authority to  
          regulate the rates paid by the customers of the IOUs.   
          Presumably, the CPUC could create the CalMTA, or a similar  
          entity, to administer an energy efficiency market transformation  
          program.  The author's office agrees; however, the author notes  
          that the CPUC is not formally considering the creation of such a  
          program, despite the CPUC-developed white paper that is the  
          basis of this bill.  If the Legislature wants the CPUC to  
          institute a third-party administered energy efficiency market  
          transformation program, it might need to require the CPUC to do  
          so. 

          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             Yes          Local:          Yes


            SUPPORT:  

          Center for Sustainable Energy
          Office of Ratepayer Advocates 
          Sierra Club California









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          The Greenlining Institute
          The Utility Reform Network (Sponsor)

          OPPOSITION:

          None received 

          ARGUMENTS IN SUPPORT:    Market transformation and resource  
          acquisition are two separate energy efficiency tools with  
          differing applicability.  The energy efficiency programs  
          overseen by the CPUC should be administered accordingly.   
          Further, the most-successful models of energy efficiency  
          programs that distinguish between market transformation and  
          resource acquisition rely on third-party market transformation  
          administrators.  The CPUC should follow this successful model. 

          ARGUMENTS IN OPPOSITION:  The IOUs argue that establishing a  
          third party to implement energy efficiency market transformation  
          adds unneeded bureaucratic costs that take funding from other  
          energy efficiency programs and, in its establishment, distracts  
          from those programs; and ignores the momentum and market  
          knowledge of the IOUs.  The IOUs contend that they are best  
          positioned to implement a program focused on market  
          transformation, should the CPUC wish to require an energy  
          efficiency program distinct from resource acquisition programs.   



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