BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          SB 765 (Wolk) - Net energy metering:  eligible customer  
          generators
          
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          |Version: April 6, 2015          |Policy Vote: E., U., & C. 8 - 2 |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 4, 2015       |Consultant: Marie Liu           |
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          This bill meets the criteria for referral to the Suspense File. 


          Bill  
          Summary:  SB 765 would require the California Public Utilities  
          Commission (CPUC) to contract with an independent entity, to be  
          known as the California Market Transformation Administrator or  
          CalMTA, to coordinate the state's energy efficiency  
          market-transformation activities.


          Fiscal  
          Impact:  
           Uncertain additional ongoing administrative costs, potentially  
            up to $10 million, from the Public Utilities Reimbursement  
            Account (special) for additional workload at the CPUC to  
            oversee and manage the activities at CalMTA. 
           Annual costs of approximately $150,000 from the Energy  
            Resources Program Account (General Fund) to coordinate with  
            the CPUC on market transformation activities.









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          Background:  Existing law requires the CPUC to identify all  
          potentially-achievable and cost-effective electricity and  
          natural gas efficiency savings in order to establish energy  
          efficiency procurement targets and ratepayer-funded programs for  
          electrical and gas corporations. The responsibility to meeting  
          this target is distributed proportionately amongst the state's  
          investor-owned utilities (IOUs), who administer the energy  
          efficiency programs. These programs are paid by ratepayer funds  
          that are approved by the CPUC. Currently, the IOUs are  
          collectively approved to collect approximately $1 billion for  
          various energy efficiency measures programs including 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.
          These energy efficiency efforts can broadly be divided as two  
          types- market transformation and resource acquisition. Resource  
          acquisition activities result in near-term energy savings,  
          usually through customer participation, such as LED and compact  
          fluorescent light bulb subsidies. Market transformation  
          activities on the other hand aim to create structural changes in  
          the market leading to long-term savings. Energy savings from  
          these activities are usually planned over a 5-10 year time  
          frame, though when the savings are achieved depends on the  
          market. Once the market transformation is achieved,  
          publically-funded intervention is no longer appropriate. A white  
          paper commissioned by the CPUC on market transformation noted  
          that the CPUC's existing energy efficiency programs often have  
          market transformation as an end goal, but don't use market  
          transformation as a tool or strategy in it itself.




          Proposed Law:  
            This bill would require the CPUC to contract with an  
          independent entity by July 1, 2017 for at least five years to  
          serve as the California Market Transformation Administrator,  
          which is defined in the bill as "CalMTA," to coordinate the  
          planning and execution of the state's efforts to advance energy  
          efficiency through market transformation strategies.  
          Specifically, the bill would require the CalMTA to:
           Advise and assist the CPUC with the coordination of  
            demand-side energy management programs;








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           Perform its marketing, education, and outreach under the  
            Energy Upgrade California brand name;


           Create market conditions that will accelerate and sustain the  
            market adoption of energy efficiency products, services, and  
            practices in California;


           Meet interim and long-term targets adopted by the CPUC;


           Report to the CPUC quarterly on expenditures and annually on  
            progress towards CPUC-established interim and long-term  
            targets;


           Coordinate market transformation initiatives with utility  
            energy efficiency activities under the CPUC's jurisdiction;  
            and


           Work with the California Energy Commission (CEC) to encourage  
            participation by publically owned electric utilities in the  
            CalMTA's planning efforts.


          The CPUC would be required to provide oversight over the  
          CalMTA's activities to protect ratepayers from performance risk.  
          Specifically, the CPUC would be required to conduct, or require  
          the CalMTA to conduct, a "rigorous" upfront vetting process for  
          program concepts. 


          The budget for market transformation initiatives would also be  
          initially limited to 5-10% of the total budget for energy  
          efficiency activities to ensure a balance between market  
          transformation initiatives against resources acquisition  
          initiatives. The CPUC would be authorized to adjust the funding  
          level as it deems appropriate.










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          The CPUC would also be required to consult with the CEC in order  
          to coordinate activities of the CalMTA with energy efficiency  
          activities of the CEC. Additionally, the CPCU would be required  
          to consult with the CEC to determine how to reflect energy  
          savings from market transformation initiatives.




          Staff  
          Comments:  CPUC costs - This bill requires that the budget for  
          CalMTA be initially set at a level between 5 and 10 percent of  
          the total energy efficiency budget overseen by the CPUC, which  
          translates to approximately $50 to $100 million. This bill  
          specifies that this amount is to include administrative costs  
          for CalMTA as well as the CPUC's costs to oversee the contract.  
          Based off the state's experience with the contract for Energy  
          Upgrade California and considering the Northwest Energy  
          Efficiency Alliance Program as a model, the CPUC estimates that  
          approximately 7-10% of the contract will be used for CalMTA's  
          administrative costs. Theoretically, these administrative costs  
          could represent some savings to the total energy efficiency  
          budget as it would consolidate activities currently conducted at  
          the separate IOUs into one program. However it is unclear  
          whether these savings can be quantified at a level that would  
          result ratepayer savings. Staff notes that the IOU programs are  
          not part of the state's budget and are overseen by the CPUC. 
          According to the CPUC, CPUC costs to oversee the CalMTA contract  
          are also estimated at 7-10% of the contract costs, or in this  
          case $3.5 million to $5 million, based on the state's experience  
          with Energy Upgrade California and the Northwest Energy  
          Efficiency Alliance Program. Oversight costs include setting  
          targets to guide the activities of the CalMTA and integrating  
          the initiatives of the CalMTA with IOU requirements for energy  
          efficiency. Staff notes that the CPUC currently has five  
          positions that oversee the IOUs' market transformation programs  
          that could be shifted to oversee the CalMTA contact. Staff notes  
          that these costs are new in the sense that there would be  
          additional spending from the Public Utilities Reimbursement  
          Account but there wouldn't necessarily be increased ratepayer  
          surcharges so long as the bill is redirecting existing ratepayer  
          funds collected by the IOUs, which is consistent with the  
          author's intent. Staff notes that such a redirection is not  
          explicitly required in the bill. 








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          Staff notes that the bill is not clear on the governance of  
          CalMTA and whether it has decision-making authority independent  
          of the CPUC. How the contract establishes decision making  
          authority could influence CPUC's administrative costs. 


          Staff notes that the bill only requires that the "initial"  
          CalMTA budget be set at a level between 5 and 10 percent of the  
          total energy efficiency budget. After the undefined initial  
          period, the CPUC would then have the authority to adjust the  
          budget as it deems appropriate. Future state costs may vary with  
          the size of the contract.


          CEC costs - The CEC, which conducts and oversees a number of  
          energy efficiency initiatives itself, would incur costs as a  
          result of this bill to coordinate its activities with CalMTA and  
          to support the CPUC in assessing market transformation efforts.  




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