BILL ANALYSIS Ó SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS Senator Ben Hueso, Chair 2015 - 2016 Regular Bill No: SB 1299 Hearing Date: 4/19/2016 ----------------------------------------------------------------- |Author: |Hertzberg | |-----------+-----------------------------------------------------| |Version: |3/28/2016 As Amended | ----------------------------------------------------------------- ------------------------------------------------------------------ |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Jay Dickenson | | | | ----------------------------------------------------------------- SUBJECT: California Renewables Portfolio Standard Program: renewable energy credits DIGEST: This bill creates a renewable energy credit (REC) associated with the electricity generated by certain renewable energy resources, known as "qualifying facilities (QFs) and grants ownerships of the REC to the owner of the QF. ANALYSIS: Existing law: 1)Subject to regulation by the California Public Utilities Commission (CPUC), requires each electric utility to purchase the output and capacity of certain electricity producers, known as "qualifying facilities," which include renewable sources of energy, at a price equal to the avoided cost of purchasing energy from conventional resources. (Public Utility Regulatory Policies Act of 1978 (PURPA), 16 United States Code §796, et seq.) 2)Requires retail sellers of electricity - investor-owned utilities (IOU), community choice aggregators (CCAs), and energy service providers (ESPs) - and publicly owned utilities (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 standard terms and conditions to be SB 1299 (Hertzberg) Page 2 of ? used by all IOUs in contracting for eligible renewable energy resources, which shall include the REC associated with all electricity generation specified under the contract. (Public Utilities Code §399.13(a)(4)(C)) 4)Prohibits the creation of RECs for electricity generated under a PURPA contract executed after January 1, 2005, and requires electricity purchased under such a contract to count toward the RPS requirements of the purchasing retail seller. (Public Utilities Code §399.21(a)(5)) This bill requires creation of a REC for electricity generated by a renewable energy resource under a PURPA contract and gives ownership of the REC to the owner of the renewable energy resource. Background Federal law requires purchase of renewable energy. According to the Federal Energy Regulatory Commission (FERC), PURPA was implemented to encourage, among other things, a reduction in the use of oil. PURPA achieves this goal through numerous measures, including energy efficiency and projects that generate energy onsite using combined heat and power or certain renewable resources. Facilities implementing such projects are known as "qualifying facilities" (QFs) for purposes of PURPA. Under PURPA, an IOU must purchase the energy produced by a QF at the IOU's avoided cost, that is, the incremental cost of electric energy or capacity the IOU would have otherwise purchased. Under the California' implementation of PURPA, many QFs using renewable resources signed contract several decades in duration. These contracts began to expire in the earlier part of this century. Renewable attributes of renewable energy stays with the renewable energy. Subsequent to implementation of PURPA, California began its increasingly ambitious program to require the procurement of renewable energy. As the IOUs sought to comply with early RPS requirements, the question arose of how to treat electricity generated by QFs. After a contentious process, numerous parties representing IOUs, ratepayers, and QFs accepted a settlement agreement, memorialized in CPUC Decision 10-12-035. Consistent with the decision, the CPUC developed a standard offer, available to QFs of 20 megawatts or less, that SB 1299 (Hertzberg) Page 3 of ? satisfies PURPA's "must-take" provision. Relative to RECs, the standard offer includes the following language, explicitly stating that a party that purchases energy from a QF retains right to the renewable attributes of that energy: Green Attributes. Seller hereby provides and conveys all Green Attributes associated with the Related Products as part of the Product being delivered during the Term. Seller represents and warrants that Seller holds the rights to all Green Attributes associated with the Related Products, and Seller agrees to convey and hereby conveys all such Green Attributes to Buyer as included in the delivery of the Product from the Project. The settlement agreement does not explicitly state the rationale for this treatment of the "green attributes" associated with the energy generated by QFs. However, several parties have stated that the treatment makes sense: PURPA requires IOUs to purchase the energy produced by QFs because the energy is generated from renewable resources; therefore, the "greenness" of the energy, represented by a REC, is inherent to that energy. According to the California Wind Energy Association (CalWEA), the association, at the time of the settlement agreement, found the standard offer's treatment of "green attributes" unfair. CalWEA, however, reports it did not voice its objection at the time the settlement agreement was considered and adopted by the CPUC. This is because, according to CalWEA, its members assumed there would be abundant opportunities for QFs to contract with retail sellers of electricity seeking to comply with the RPS. Unfortunately for the QFs, this has not been the case. Many contracts with QFs expiring; few RPS procurement offers. CalWEA and others representing QFs with expiring PURPA contracts report a dearth of RPS contracts available today. This is because many entities subject to the RPS procurement requirements, such as IOUs, have signed long-term contracts for renewable energy. Despite the recent, considerable increase in the RPS, the IOUs and others, generally, do not need to sign new contracts to procure renewable energy today. This puts QFs in a difficult position. The QF PURPA contracts are expiring - CalWEA reports contracts representing 443 megawatts of QF wind expiring by 2023. Without new contracts, these QFs may lack the ability to remain in operation until SB 1299 (Hertzberg) Page 4 of ? covered entities again begin to procure renewable energy in earnest. The QFs may enter into new PURPA contracts with the IOUs - remember, PURPA requires to the IOUs to purchase the electricity produced by QFs. However, the price paid by the IOUs to QFs under these contracts is very low. Absent some stopgap measure, the operators of QFs say the facilities will no longer operate. RECs to the rescue? This bill does two things. First, it requires the creation of RECs for electricity generated by an RPS renewable energy resource pursuant to a PURPA contract on or after January 1, 2017. Second, it gives ownership of any such RECs to the owner of the renewable energy resource. As mentioned above, CalWEA concludes such treatment of the ownership right to RECs is fair. PURPA requires IOUs to purchase QF energy at a price equal to the avoided cost of purchasing energy from conventional resources; in other words, the price of fossil-fuel-fired electricity generation. Or, as proponents put it, green-power value at a brown-power price. Fair or not, such treatment is, in some ways, consistent with treatment of ownership rights of RECs generated by non-PURPA renewable energy resources: statute requires the standard terms and conditions for the purchase of electricity generated by a renewable energy resource eligible for RPS credit to include the RECs associated with all electricity generation specified under the contract. This does not mean, however, as some have contended, that law grants the owner or an RPS-eligible renewable energy facility ownership of the RECs associated with electricity generated by that facility. Rather, statute requires the standard terms and conditions of a contract for such electricity to address the ownership of the REC. In other words, statute governing the RPS treats ownership of RECS as negotiable. So too does this bill, in regards to RECs generated by a QF: if the purchaser of electricity generated by a QF wants the REC, the purchaser would need to negotiate that with the QF. Of course, law obligates no one to purchase the electricity generated by QFs. Questions of fairness aside, proponents' purpose is a practical one. The author contends it is in the public interest to maintain QFs in operation for the next several years so that they will be available to meet a portion of the coming demand resulting from the state's expanded RPS requirements. Granting the owners of QFs ownership of the RECs associated with the SB 1299 (Hertzberg) Page 5 of ? electricity they produce provides them something of potential value. The hope is that QF owners could use this value as a financial bridge allowing their survival to a time when there is greater demand for RPS-eligible electricity. QF owners could monetize this value by negotiating with the IOUs with which they contract to receive a price in exchange for conveyance of the REC with the electricity they generate. Or, QF owners could unbundle the RECs from the underlying electricity and sell them to other entities seeking to comply with the RPS. It is unclear, however, how much value RECs will garner owners of QFs. The IOUs have over complied with the current requirements of the RPS and, therefore, might not have much need for RECs bundled with electricity generated by the QFs. The dollar value of orphaned "bucket 3" RECs is also questionable. Thus far, the market demand for "bucket 3" RECs has been sluggish. The author describes the QF RECs as a bridge. But they might be a bridge to nowhere. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT: California Wind Energy Association (Source) Alton Energy Bakersfield Electric Motor Repair, Inc. Blade Service Rotor Technic USA, LLC Brookfield Renewable Energy Group CalWind Resources, Inc. Kern County Klüber Lubrication NA LP Large-scale Solar Association Midpoint Bearing NuWind Ogin Energy RST Cranes, Inc. RW Lane Electrical Contractors Ramos/Strong, Inc. San Gorgonio Farms, Inc. SB 1299 (Hertzberg) Page 6 of ? Wind Stream Properties Wintec Energy, LTD. OPPOSITION: Pacific Gas and Electric Company PacifiCorp San Diego Gas & Electric Southern California Edison ARGUMENTS IN SUPPORT: The author contends it important to keep renewable QFs operational and in good repair until there is more demand for new RPS contracts. The author characterizes the changes made by this bill as a way to provide a sufficient and fair price to QFs to ensure they continue to generate renewable energy and other benefits until they are again needed to help meet RPS goals. ARGUMENTS IN OPPOSITION: Opponents, mainly IOUs, object to this bill, noting that it negates a term in a negotiated settlement agreed to by several parties, including the owners of the QFs. The IOUs also contend this bill will result in their purchasing the same power they would have otherwise bought for the same price, but without receiving the green attributes of that power they would have otherwise received, all to the detriment of their ratepayers. -- END --