BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 765| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: Energy: California Market Transformation Administrator 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.) SB 765 Page 2 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 SB 765 Page 3 for installing energy efficient appliances, lighting, windows, 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 SB 765 Page 4 energy efficiency programs 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: (Verified6/3/15) Pacific Gas and Electric Company San Diego Gas and Electric 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 SB 765 Page 5 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 6/3/15 9:48:54 **** END ****