BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS
                              Senator Ben Hueso, Chair
                                2015 - 2016  Regular 

          Bill No:          SB 886            Hearing Date:    4/19/2016
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          |Author:    |Pavley                                               |
          |-----------+-----------------------------------------------------|
          |Version:   |4/12/2016    As Amended                              |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Jay Dickenson                                        |
          |           |                                                     |
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          SUBJECT: Electricity: energy storage systems

          DIGEST:  This bill requires the California Public Utilities  
          Commission (CPUC) to adopt energy storage system procurement  
          targets applicable to every load-serving entity and the  
          governing board of each local publicly owned electric utility to  
          adopt comparable energy storage procurement targets; requires  
          each load-serving entity and locally owned public electric  
          utility to plan for the procurement of energy storage systems  
          before fossil-fuel-based generation; and requires each  
          electrical corporation to propose measures to encourage  
          customers to install energy storage systems.
          
          ANALYSIS:
          
          Existing law:
          
          1)Defines "load-serving entity" (LSE) as an electrical  
            corporation (investor-owned utility, or IOU), energy service  
            providers (ESP) or community choice aggregators (CCA).   
            (Public Utilities Code §380(k))

          2)Requires each LSE and local publicly owned electric utility  
            (POU) to increase purchases of renewable energy such that at  
            least 50 percent of retail sales are procured from renewable  
            energy resources by December 31, 2030.  This is known as the  
            Renewable Portfolio Standard (RPS).  (Public Utilities Code  
            §399.11 et seq.)

          3)Requires the CPUC to adopt a process for each IOU to file an  
            integrated resource plan (IRP) to ensure IOUs meet the  








          SB 886 (Pavley)                                       PageB of?
          
            greenhouse gas (GHG) emissions reduction targets for the  
            electricity sector; procure at least 50 percent eligible  
            renewable energy resources by December 31, 2030; enable each  
            IOU to fulfill its obligation to serve its customers at just  
            and reasonable rates; minimize impacts on ratepayers' bills;  
            ensure system and local reliability; strengthen the diversity,  
            sustainability, and resilience of the bulk transmission and  
            distribution systems, and local communities; enhance  
            distribution systems and demand-side energy management; and  
            minimize localized air pollutants and other GHG emissions,  
            with early priority on disadvantaged communities.  (Public  
            Resources Code §454.52)

          4)Requires each POU to adopt and regularly update an IRP  
            substantially similar required of the IRPs developed by LSEs,  
            to be reviewed by the California Energy Commission (CEC).   
            (Public Utilities Code §9321)

          5)Directs the CEC and the CPUC, where feasible, to authorize  
            procurement of resources to provide grid reliability services  
            that minimize reliance on system power and fossil fuel  
            resources and, where feasible, cost effective, and consistent  
            with other state policy objectives, increase the use of large-  
            and small-scale energy storage.  (Public Utilities Code §400)

          6)Requires the CPUC to determine appropriate targets, if any,  
            for LSEs to procure energy storage systems.  Requires LSEs to  
            meet any targets adopted by the CPUC by 2015 and 2020.   
            Requires POUs to set their own targets for the procurement of  
            energy storage and then meet those targets by 2016 and 2021.   
            (Public Utilities Code §2835 et seq.)

          This bill:

          1)Requires the CPUC to adopt, by January 1, 2018, energy storage  
            system procurement targets applicable to each LSE, to be  
            achieved by December 1, 2030.

          2)Directs the CPUC to require each IOU, by January 1, 2017, to  
            propose new tariffs or programs to encourage customers to  
            install energy storage systems on the customer side of the  
            meter.  

          3)Requires the CPUC, by March 1, 2017, to require each LSE, in  
            developing its IRP, to consider the full benefits of procuring  









          SB 886 (Pavley)                                       PageC of?
          
            energy storage systems; requires the CPUC, in approving an  
            LSE's IRP, to require the IRP to provide for the procurement  
            of comparably priced, equally effective energy storage systems  
            before fossil-fuel-based generation.

          4)Requires the governing board of each POU, in planning for  
            future procurement of resources, to consider the benefits of  
            procuring energy storage systems and to procure comparably  
            priced, equally effective energy storage systems before  
            fossil-fuel-based generation.


          
          Background

          Up a duck's neck, quickly.  California utilities have procured  
          increasing amounts of electricity from renewable resources, in  
          response to the state's RPS mandates. Much of this electricity  
          has come from solar and wind energy resources.  Such resources  
          can be described as intermittent, meaning that they are not  
          available at all times of the day and can experience  
          difficult-to-predict upward or downward swings in electricity  
          production.  This intermittency creates challenges for  
          management of the electric grid, one of which is the need to  
          quickly respond to changes in demand for energy. 

          The California Independent System Operator (CAISO) depicted the  
          challenges created by energy intermittency in its now-famous (or  
          infamous) calculation of net electricity load, that is,  
          forecasted load minus forecasted electricity production from  
          wind and solar generation resources.  The chart has become known  
          as the "the duck curve," in which the duck's "neck" represents  
          an increase in the relative demand for electricity in the late  
          afternoon and early evening.  


          
          According to CAISO<1>, the phenomena that result in the duck  
          create a number of challenging conditions for grid management: 


                 Short, Steep Ramps - when CAISO must bring on or shut  

             --------------------------
          <1>  
          https://www.caiso.com/Documents/FlexibleResourcesHelpRenewables_F 
          astFacts.pdf.  








          SB 886 (Pavley)                                       PageD of?
          
               down generation resources to meet an increasing or  
               decreasing electricity demand quickly, over a short period  
               of time. 
                 Overgeneration Risk - when more electricity is supplied  
               than is needed to satisfy real-time electricity  
               requirements. 
                 Decreased Frequency Response - when fewer resources are  
               operating and available to automatically adjust electricity  
               production to maintain grid reliability. 

          The CAISO reports that, to reliably manage the electricity grid  
          under increasingly duck-like conditions, it needs flexible  
          resources with certain characteristics. According to CAISO,  
          those characteristics include the ability to perform the  
          following functions: 

                 Sustain upward or downward ramp. 
                 Respond for a defined period of time. 
                 Change ramp directions quickly. 
                 Store energy or modify use. 
                 React quickly and meet expected operating levels.   
                 Start with short notice from a zero or low-electricity  
               operating level. 
                 Start and stop multiple times per day. 
                 Accurately forecast operating capability. 

          One flexible resource that provides many of the characteristics  
          CAISO says will be needed to reliably manage the electricity  
          grid is natural-gas-fired powerplants, especially "peaker  
          plants" that can quickly ramp up and down.  So, ironically, as  
          the state increases its supply of renewable energy resources, it  
          might remain reliant on electricity produced by natural gas, or  
          become even more reliant on it.  As made abundantly clear by the  
          recent, prolonged and massive leak of natural gas from the Aliso  
          Canyon Storage Facility - one of the largest natural gas  
          facilities in the country, owned and operated by the Southern  
          California Gas Company (SoCal Gas) - profound reliance on  
          natural gas as an energy resource necessarily entails risks to  
          the environment and to human health and wellbeing.    

          There has got to be another way.  Another potential method to  
          manage the electric grid of the future is through the use of  
          energy storage systems.  This bill encourages the procurement of  
          energy storage systems in a number of ways.  Most significantly,  
          it requires all electricity providers - IOUs, ESPs and CCAs, as  









          SB 886 (Pavley)                                       PageE of?
          
          well as POUs - to adopt energy-storage-system procurement  
          targets, to be achieved by the end of 2030.  This bill also  
          requires the same entities, when developing their IRPs -  
          comprehensive planning documents all LSEs must prepare that  
          detail how the LSE will achieve the state's environmental and  
          energy goals - to consider the benefits of energy storage  
          systems.  Finally, this bill requires IOUs to propose new  
          tariffs or programs to encourage customers to install energy  
          storage systems on the customer side of the meter.  

          State already pushing procurement of energy storage.  If it  
          becomes law, this bill would not represent the first time the  
          Legislature has mandated the procurement of energy storage  
          systems.  AB 2514 (Skinner, 2010), similar to this bill,  
          required CPUC to determine appropriate targets, if any, for LSEs  
          to procure energy storage systems by 2015 and 2020, and directed  
          POUs to set their own comparable energy storage system  
          procurement targets.  The CPUC, in implementing AB 2514,  
          established the following energy storage system procurement  
          targets applicable to the state's three largest electric IOUs:
          
           -------------------------------------------------------------- 
          |                                                              |
           -------------------------------------------------------------- 
          |-----------------------------------+----+----+----+----+-----|
          |Energy Storage Procurement Targets |2014|2016|2018|2020|Total|
          |                                   |    |    |    |    |     |
          |-----------------------------------+----+----+----+----+-----|
          |Southern California Edison         |    |    |    |    |     |
          |-----------------------------------+----+----+----+----+-----|
          |Transmission                       |  50|  65|  85| 110|  310|
          |-----------------------------------+----+----+----+----+-----|
          |Distribution                       |  30|  40|  50|  65|  185|
          |-----------------------------------+----+----+----+----+-----|
          |Customer                           |  10|  15|  25|  35|   85|
          |-----------------------------------+----+----+----+----+-----|
          |Subtotal SCE                       |  90| 120| 160| 210|  580|
          |-----------------------------------+----+----+----+----+-----|
          |Pacific Gas and Electric           |    |    |    |    |     |
          |-----------------------------------+----+----+----+----+-----|
          |Transmission                       |  50|  65|  85| 110|  310|
          |-----------------------------------+----+----+----+----+-----|
          |Distribution                       |  30|  40|  50|  65|  185|
          |-----------------------------------+----+----+----+----+-----|
          |Customer                           |  10|  15|  25|  35|   85|









          SB 886 (Pavley)                                       PageF of?
          
          |-----------------------------------+----+----+----+----+-----|
          |Subtotal PG&E                      |  90| 120| 160| 210|  580|
          |-----------------------------------+----+----+----+----+-----|
          |San Diego Gas and Electric         |    |    |    |    |     |
          |-----------------------------------+----+----+----+----+-----|
          |Transmission                       |  10|  15|  22|  33|   80|
          |-----------------------------------+----+----+----+----+-----|
          |Distribution                       |   7|  10|  15|  23|   55|
          |-----------------------------------+----+----+----+----+-----|
          |Customer                           |   3|   5|   8|  14|   30|
          |-----------------------------------+----+----+----+----+-----|
          |Subtotal SDG&E                     |  20|  30|  45|  70|  165|
          |-----------------------------------+----+----+----+----+-----|
          |Total IOU Energy Storage           | 200| 270| 365| 490|1325 |
          |Procurement Targets                |    |    |    |    |     |
           ------------------------------------------------------------- 
          
          The CPUC reports the IOUs have each progressed in meeting their  
          energy storage procurement goals.  However, none has yet met its  
          final procurement goal in any category, other than SCE, which  
          has already exceeded the procurement goal for customer-side  
          storage.

          The state has also provided financial incentives to energy  
          storage systems.   Over the last several years, the CPUC reports  
          that the Self-Generation Incentive Program (SGIP), which the  
          CPUC administers, has awarded $42 million to nearly 1,200 energy  
          storage projects. 



           ------------------------------------------------------------------- 
          |SGIP Awards to Energy Storage Systems                              |
          |                                                                   |
           ------------------------------------------------------------------- 
          |---------+------+------------+----------+------------+-------------|
          | Years   |Projec| Installed  |Incentive |  Reserved  | Incentives  |
          |2009-2015|  ts  |  Capacity  |   Paid   |  Capacity  |  Reserved   |
          |         |      |    (kW)    |          |    (kW)    |             |
          |---------+------+------------+----------+------------+-------------|
          |   Totals|  1175|            |$41,547,42|            |             |
          |         |      |            |        6 |            |$149,215,781 |
          |         |      |            |          |            |             |
          |         |      |         23 |          |         92 |             |
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          SB 886 (Pavley)                                       PageG of?
          

          The CPUC is currently considering revisions to SGIP program  
          eligibility.  While the CPUC has yet to make a decision about  
          program revisions, a staff proposal recommends making energy  
          storage systems much more likely recipients of SGIP awards.

          Given this ongoing progress, and the likely continued subsidy of  
          energy storage that might bring down its future cost, it is  
          worth asking whether it is premature to mandate additional  
          energy storage procurement at this time.  The author and  
          committee might consider amending the bill to provide discretion  
          to the CPUC, as follows, similar to the discretion provided by  
          AB 2514:

               On or before January 1, 2018, the commission shall  adopt   
                determine  appropriate targets  , if any,  for each  
               load-serving entity to procure viable and cost-effective  
               energy storage systems to be achieved by December 31, 2030.  
               Energy storage systems procured pursuant to the targets  
               shall be limited to those that reduce the need for  
               fossil-fuel-based generation, provide benefits to the  
               electrical grid, or support the integration of eligible  
               renewable energy resources procured pursuant to the  
               California Renewables Portfolio Standard Program (Article  
               16 (commencing with §399.11) of Chapter 2.3 of Part 1).

          Cost-effectiveness is still in the eye of the beholder.  AB  
          2514, like this bill, required CPUC and POUs to adopt  
          energy-storage-system targets that are viable and  
          cost-effective.  Analysis of AB 2514 noted that  
          cost-effectiveness is in the "eye of the beholder."  That is,  
          the cost-effectiveness of energy storage systems varies  
          according to numerous factors, many of which are subjective.   
          Determination of which energy storage systems are  
          cost-effective, then, is uncertain.  

          The CPUC and the governing boards of the POUs, however, have  
          been down the cost-effectiveness road before.  Presumably, the  
          CPUC will determine the cost-effectiveness of energy storage  
          systems in a way that is comparable to the way it did in  
          determining the cost-effectiveness of energy storage systems for  
          purposes of adopting the existing procurement targets.   
          Presumably, so too will the governing boards of the POUs.  It is  
          worth noting that many POUs report adopting energy system  
          procurement targets of zero because, in their determinations,  









          SB 886 (Pavley)                                       PageH of?
          
          energy storage systems are not cost-effective.

          Good for the goose.  This bill requires CPUC to require each IOU  
          to propose new tariffs or programs to encourage customers to  
          install energy storage systems behind the meter.  This bill  
          makes no similar requirement of the other types of LSE, namely  
          CCAs and ESPs.

          Customers of the IOUs are motivated to unbundled their service  
          from the IOUs for a number of reasons.  One of those reasons is  
          the cost of service.  This bill potentially adds a new cost -  
          new tariffs or programs to encourage energy storage system  
          installation - to the service provided to the customers of the  
          IOUs that it does not add to the cost of service to the  
          customers of the CCAs or ESPs.  The author may want to amend  
          this bill so that the requirements of Section 2 of this bill  
          apply equally to all LSEs, not just IOUs.

          Benefits, or full benefits.  As mentioned, this bill makes very  
          similar requirements of LSEs and POUs in each type of entity's  
          development and update of its respective IRPs.  The  
          requirements, however, are not exactly alike.  Regarding POUs,  
          this bill requires a consideration of the "benefits" of  
          procuring energy storage systems.  Similarly, this bill requires  
          the CPUC to require each LSE to consider the "full benefits" of  
          procuring energy storage systems.  Similar, but not identical  
          requirements.

          It is not clear how, as practical matter, a consideration of  
          "benefits" differs from a consideration of "full benefits."  But  
          it should be clear.  The author may wish to amend this bill  
          either to make identical the two sections of language regarding  
          consideration of the benefits of energy storage systems or to  
          distinguish between "benefits" and "full benefits."
          
          Prior/Related Legislation
          
          AB 2514 (Skinner, Chapter 469, Statutes of 2010) required CPUC  
          to determine appropriate targets, if any, for LSEs to procure  
          energy storage systems.  The bill required LSEs to meet any  
          targets adopted by the CPUC by 2015 and 2020.  The bill required  
          POU to set their own targets for the procurement of energy  
          storage and then meet those targets by 2016 and 2021.

          AB 1258 (Skinner, 2013) would have required the CEC to perform a  









          SB 886 (Pavley)                                       PageI of?
          
          technical analysis of the potential uses of existing  
          hydro-electric and pumped storage facilities to provide  
          additional operational flexibility to integrate eligible  
          renewable energy sources into the grid.   The bill was held in  
          Assembly Committee on Appropriations.

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


            SUPPORT:  

          California Energy Storage Alliance
          Consumer Attorneys of California
          Environmental Defense Fund
          SolarCity
          South Coast Air Quality Management District

          OPPOSITION:

          None received

          ARGUMENTS IN SUPPORT:    According to the author:

               The natural gas storage facility disaster in Aliso Canyon  
               has shed light on a tenuous statewide grid reliability  
               policy.  Throughout the state, we rely on fossil fuel  
               storage facilities to deliver critical energy resources for  
               homes and businesses.  Oil and gas companies like SoCal Gas  
               operate numerous other related facilities: compressor  
               stations; pipeline infrastructure, and gas well services  
               infrastructure.
                
               Against this backdrop, the state continues its national and  
               international efforts to drive a series of important  
               discussions forward about the future of energy, and the  
               future of the grid.  Last year, Governor Brown signed SB  
               350 into law, which, among other things, mandated a  
               statewide RPS of 50 percent by 2030, and instituted a  
               planning regime under the IRP.  The California Solar  
               Initiative has been critical in bringing down the cost of  
               solar for residential and commercial use.  The CPUC and the  
               CEC have, as a result of AB 32, instituted a zero net  
               energy goal for new buildings.  CAISO and other balancing  
               authorities have encouraged the use of a preferred resource  









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               loading, which, for the case of energy and demand response,  
               is mandated in regulation.

               However, in contrast to and, in some cases as a direct  
               result of these broad goals, the state also continues to  
               increase its reliance on fossil fuels. Ironically, as the  
               state continues to increase its consumption of clean power  
               from the sun and wind, storage facilities like Aliso Canyon  
               have become even more critical to grid reliability: thermal  
               power plants provide fast, flexible, and reliable  
               generation when the sun goes down, or when the wind dies.   
               This is a critical complement to the unpredictable peaks  
               associated with renewable generation. 

               But if the state is going to meet its RPS requirement, and  
               its commitments under the Clean Power Plan, it will need to  
               move away from fossil storage and thermal peakers.  Cleaner  
               storage, through batteries and renewable fuels, holds the  
               promise of a smoother load curve and less reliance on  
               facilities like Aliso Canyon to support electricity needs  
               in Los Angeles and elsewhere in California. 
          
          ARGUMENTS IN OPPOSITION:  Writing in opposition, the IOUs  
          contend this bill makes unnecessary, redundant and premature  
          requirements, muddies the nascent IRP process and fails to treat  
          all LSEs equally.
          
          

                                      -- END --