BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 765 (Wolk) - Net energy metering: eligible customer generators ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 6, 2015 |Policy Vote: E., U., & C. 8 - 2 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 28, 2015 |Consultant: Marie Liu | | | | ----------------------------------------------------------------- SUSPENSE FILE. AS AMENDED. 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 (as approved on May 28, 2015): Annual costs of up to $730,000 to 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. 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 SB 765 (Wolk) Page 1 of ? 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; Perform its marketing, education, and outreach under the Energy Upgrade California brand name; SB 765 (Wolk) Page 2 of ? 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. 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 SB 765 (Wolk) Page 3 of ? 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. Staff notes that the bill is not clear on the governance of CalMTA and whether it has decision-making authority independent SB 765 (Wolk) Page 4 of ? 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. Committee amendments (as adopted on May 28, 2015): Amend to limit the initial CalMTA contract to no more than 10% of the existing energy efficiency budget. -- END --