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 ----------------------------------------------------------------- |Author: |Wolk | |-----------+-----------------------------------------------------| |Version: |4/6/2015 As Amended | ----------------------------------------------------------------- ------------------------------------------------------------------ |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Jay Dickenson | | | | ----------------------------------------------------------------- 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. SB 765 (Wolk) PageB of? 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. SB 765 (Wolk) PageD of? | | |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 SB 765 (Wolk) PageE of? 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). SB 765 (Wolk) PageF of? 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 SB 765 (Wolk) PageG of? 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. -- END --