BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1536
                                                                  Page  1

          Date of Hearing:   April 20, 2009

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                                Felipe Fuentes, Chair
                  AB 1536 (Blakeslee) - As Amended:  April 14, 2009
           
          SUBJECT  :   Clean technology incentive program. 

           SUMMARY  :   Expands eligibility for Self-Generation Incentive  
          Program (SGIP) rebates to include energy storage facilities.   

           EXISTING LAW  :   

          1)Authorizes the California Public Utilities Commission (PUC) to  
            administer the SGIP to provide rebates for distributed  
            generation electricity generators.

          2)Restricts SGIP-eligible technologies to wind and fuel cells  
            distributed generation technologies that meet or exceed  
            specific emissions standards.

          3)Requires the California Energy Commission (CEC), on or before  
            November 1, 2008, in consultation with the Air Resources Board  
            (ARB), to evaluate the costs and benefits of providing  
            ratepayer subsidies for renewable and specific fossil fuels,  
            and make recommendations for the changes in the eligibility of  
            technologies and fuels under the program and whether the level  
            of subsidy should be adjusted.

          4)Defines a heat corporation as certain corporations or persons  
            owning, controlling, operating, or managing any heating plant  
            for compensation, exempts those that generate heat for their  
            own use or its tenants' use, and exempts those that employ  
            landfill gas technology for its own use, for its tenants' use,  
            or for the sale to a public agency. 

           THIS BILL  :  

          1)Changes the name of the SGIP to the Clean Technology Incentive  
            Program (CTIP). 

          2)Expands the eligibility for grants from the SGIP/CTIP to  
            include energy storage facilities that meet  any  of the  
            following requirements:
               a.     The facility stores energy generated from a  








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                 renewable energy resource.
               b.     The facility is capable of responding to commands  
                 from the California Independent System Operator (CalISO)  
                 to absorb or dispatch electricity. 
               c.     The facility is capable of providing frequency  
                 control to integrate intermittent eligible renewable  
                 resources. 
               d.     The facility stores energy during off-peak periods  
                 and dispatches electricity during peak periods. 

           FISCAL EFFECT  :   Unknown

           COMMENTS  :  According to the author, the purpose of this bill is  
          to create incentives for merchant-owned energy storage  
          facilities. The author believes these energy storage facilities  
          will be necessary for California to meet its renewable energy  
          goals since they can store energy produced by wind and solar  
          facilities at times that electricity is not needed to be used at  
          peak periods when demand for electricity is high. 

          1)  Why do we need energy storage facilities  : California law  
          requires all retail sellers of electricity to meet at least 20%  
          of the retail sales using electricity from renewable resources  
          by 2010 - a Renewable Portfolio Standard (RPS). ARB has  
          identified an advancement of the RPS to 33% by 2020 as one of  
          the key actions needed to be taken in order to meet the  
          greenhouse gas (GHG) reduction goals of AB 32 (Nunez), Chapter  
          488, Statutes of 2006.  Two bills have been introduced this  
          legislative session to create the 33% RPS goals: AB 64  
          (Krekorian) and SB 14 (Simitian). 

          While several studies have determined that a 33% RPS is  
          achievable, it can only be met with a heavy reliance on wind and  
          solar energy.  The problem is that both resources are  
          intermittent. They only produce electricity when the wind is  
          blowing or the sun is out.  This intermittency could create  
          reliability problems for the electricity grid since the grid  
          managers cannot count on the solar and wind energy being  
          available at the same time there is demand for electricity.  

          One way to resolve this reliability problem is to build more  
          electric generation facilities that are capable of turning on  
          and off quickly and can be available when the renewable energy  
          facilities are not operating.  These facilities are referred to  
          as "peaker plants." They generally run on natural gas.  They are  








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          also relatively expensive to operate compared to other  
          generating facilities that operate around the clock. 

          Another approach would be to find ways to store the electrical  
          output of renewable facilities to use hours later. The storage  
          devices could help take the place of peaker plants. 

          2)  What is energy storage  :  Energy storage devices are devices  
          that can take electricity and convert the electricity into some  
          other form of energy so it can be stored and converted back to  
          electricity at some later point.  The most common form of energy  
          storage device in use today is batteries. However, there are no  
          commercially available batteries that could cost-effectively  
          store the large amounts of electricity that can be produced by  
          large-scale wind farms or solar facilities. Another form of  
          electricity storage that is already in use in California is pump  
          storage, where water is pumped into a reservoir at night and  
          then released through turbines during the day to produce  
          electricity.  Additionally, there is research taking place to  
          develop other storage devices using compressed air, flywheels,  
          fuel cells, and other innovative technologies. 

          This bill defines storage systems to include any device that  
          stores energy generated from an eligible renewable resource  
          during off-peak periods and dispatched the energy during on-peak  
          periods. The device must also be capable of storing energy for  
          at least two hours and must be able to respond to orders from  
          the transmission grid managers to absorb or dispatch energy. 

          3)   The SGIP  :  The SGIP provides rebates for certain electricity  
          generation systems sized up to 5 megawatts (MW). Currently, the  
          SGIP is limited to wind and fuel cells that meet specified  
          emissions standards.

          All energy ratepayers are subject to the SGIP surcharge.   
          According to the PUC, most residential customers typically  
          install small-scale solar PV, which is funded out of the  
          California Solar Initiative.  As such, only commercial and  
          industrial entities apply for SGIP funds.  

          In September 2005, the PUC issued the SGIP Preliminary Cost  
          Effectiveness Evaluation Report which measured costs and  
          benefits of SGIP during 2004.  The Report concluded that the  
          SGIP is cost-effective for participants only (owners and  
          operators of the generation facilities); however,  








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          cost-effectiveness declines significantly when viewed from the  
          non-participant (ratepayers) and societal (all members of  
          society) perspective.  The report calculated the benefit-cost  
          ratios for non-generators (the group that pays for it) "?are  
          substantially less than one."  The non-participant or ratepayer  
          evaluation measured what happens to customer bills or rates due  
          to changes in utility revenues and operating costs caused by the  
          program. 

          A number of parties commented that the Cost Effectiveness report  
          failed to consider all the benefits of the SGIP. In response to  
          this concern, the Legislature required the CEC to prepare a new  
          report on the effectiveness of the SGIP. That report was  
          released in the fall of 2008.  Based on the data in the report,  
          the CEC recommended that the SGIP should provide incentives for  
          energy storage technologies, since these technologies provide  
          capacity benefits.

          5)  Storing Benefits  : On March 23, 2009, the Utilities and  
          Commerce Committee approved AB 44 (Blakeslee) which created a  
          different set of incentives for energy storage facilities. AB 44  
          allows investor owned utilities (IOUs) to earn a higher rate-of  
          return on storage facilities the IOUs owns and operates and  
          creates an incentive for customer-owned storage facilities by  
          requiring the PUC to develop a time-of-use tariff that allows  
          storage facilities operators to "buy" the electricity from the  
          utility when it is at the lower rate and then "sell" the  
          electricity back to the utility when it is more expensive. 

           RELATED LEGISLATION  : 

          AB 44 (Blakeslee) creates incentives additional incentives for  
          energy storage facilities. 

          SB 412 (Kehoe) expands the eligibility of the SGIP to include  
          all to distributed generation resources that the PUC determines  
          will support state goals for the reductions of emissions of  
          greenhouse gases pursuant to the California Global Warming  
          Solutions Act of 2006 (Division 25.5 (commencing with Section  
          38500) of the Health and Safety Code).

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           








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          None on file.

           Opposition 
           
          None on file. 
           
          Analysis Prepared by  :    Edward Randolph / U. & C. / (916)  
          319-2083