BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 765|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  SB 765
          Author:   Wolk (D)
          Amended:  6/2/15  
          Vote:     21  

           SENATE ENERGY, U. & C. COMMITTEE:  8-2, 4/21/15
           AYES:  Hueso, Hertzberg, Hill, Lara, Leyva, McGuire, Pavley,  
            Wolk
           NOES:  Cannella, Morrell
           NO VOTE RECORDED:  Fuller

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/28/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
          NOES:  Bates, Nielsen 

           SUBJECT:   Net energy metering: eligible customer generators


          SOURCE:    The Utility Reform Network


          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.)









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          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. 

          3)Sets the budget for market transformation activities -  
            including CalMTA's budget and the CPUC's costs to manage the  
            contract with CalMTA - at no more than 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  
            to encourage local publicly-owned electric utilities 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 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,  








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          HVAC [heating, ventilation, and air conditioning] systems,  
          whole-house retrofits, and specialized programs aimed at a  
          variety of sectors. 

          This bill follows a white paper by consultants to the Energy  
          Division of the CPUC on energy efficiency market transformation.  
           [Building a Policy Framework to Support Energy Efficiency  
          Market Transformation in California, Ralph Prahl and Ken  
          Keating, December 2014.]  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 concept  
          behind SB 765, and most of its particulars, flows directly from  
          the white paper. 

          Recent Amendments.  The Senate Appropriations Committee amended  
          this bill to change the funding parameters of the CalMTA  
          program.  Previously, this bill directed CPUC to fund the  
          program at between five percent and 10 percent of the total  
          budget for energy efficiency activities overseen by the CPUC,  
          excluding low-income energy efficiency programs.  The  
          amendments, in contrast, direct the CPUC to fund the program at  
          no more than 10 percent of the total budget for energy  
          efficiency activities overseen by the CPUC, excluding low-income  
          energy efficiency programs








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

          According to the Senate Appropriations Committee:

           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.

          SUPPORT:   (Verified5/29/15)
          The Utility Reform Network (source)
          Center for Sustainable Energy
          Office of Ratepayer Advocates 
          Sierra Club California
          The Greenlining Institute


          OPPOSITION:   (Verified5/29/15)

          Pacific Gas and Electric Company
          San Diego Gas and Electric
          Sempra Energy
          Southern California Edison
          Southern California Gas Company

          ARGUMENTS IN SUPPORT:  According to the author, 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 (opponents) argue that  
          establishing a third party to implement energy efficiency market  








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          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.   


          Prepared by:Jay Dickenson / E., U., & C. / (916) 651-4107
          6/2/15 22:38:26


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