BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 626
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          Date of Hearing:   June 29, 2009

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                                   Mike Eng, Chair
                      SB 626 (Kehoe) - As Amended:  May 26, 2009

           SENATE VOTE :  30-1
           
          SUBJECT  :  Electrical infrastructure:  plug-in hybrid and  
          electric vehicles

           SUMMARY  :  Requires the California Public Utilities Commission  
          (CPUC), in consultation with specified parties, to evaluate  
          policies to provide fueling infrastructure for plug-in hybrid  
          and electric vehicles.  Specifically,  this bill :  

          1)Requires CPUC, in consultation with the California Energy  
            Commission (Energy Commission), the California Air Resources  
            Board (ARB), electrical corporations, and the motor vehicle  
            industry, to evaluate policies to develop infrastructure  
            sufficient to overcome any barriers to the widespread  
            deployment and use of plug-in hybrid and electric vehicles.  

          2)Requires CPUC, by January 1, 2011, to adopt rules to address  
            the following:  

             a)   The impacts upon electrical infrastructure, including  
               infrastructure upgrades necessary for widespread use of  
               plug-in hybrid and electric vehicles, the role and  
               development of public charging infrastructure;  

             b)   The impact of plug-in hybrid and electric vehicles on  
               grid stability and the integration of renewable energy  
               resources;  

             c)   The technological advances that are needed to ensure the  
               widespread use of plug-in hybrid and electric vehicles and  
               what role the state should take to support the development  
               of this technology;  

             d)   The existing code and permit requirements that will  
               impact the widespread use of plug-in hybrid and electric  
               vehicles and any recommended changes to existing legal  
               impediments to the widespread use of plug-in hybrid and  
               electric vehicles;  








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             e)   The role the state should take to ensure that  
               technologies employed in plug-in hybrid and electric  
               vehicles work in a harmonious manner and across service  
               territories; and,  

             f)   The impact of widespread use of plug-in hybrid and  
               electric vehicles on achieving the state's goals pursuant  
               to the California Global Warming Solutions Act of 2006 and  
               renewables portfolio standard program and what steps should  
               be taken to address possibly shifting emissions reductions  
               responsibilities from the transportation sector to the  
               electrical industry.  

           EXISTING LAW  :  

          1)Confers to CPUC regulatory authority over public utilities,  
            including electrical corporations and gas corporations, as  
            defined.  

          2)Requires CPUC, in consultation with the Energy Commission,  
            ARB, the air quality management districts and air pollution  
            control districts, regulated electrical and natural gas  
            corporations, and the motor vehicle industry, to evaluate and  
            implement policies to promote the development of equipment and  
            infrastructure needed to facilitate the use of electric power  
            and natural gas to fuel low-emission vehicles.  Requires CPUC  
            to report every two years, beginning January 30, 1993, on the  
            policy it and other agencies implement.  

          3)Pursuant to AB 118 (Nunez) Chapter 750, Statutes of 2007,  
            creates the Alternative and Renewable Fuel and Vehicle  
            Technology Fund, that provides Energy Commission and ARB funds  
            for alternative fuel infrastructure and air quality  
            technologies.  

          4)Authorizes Energy Commission to monitor transportation fuel  
            supplies and prices in  California, including publishing a  
            biennial integrated energy policy report that examines issues  
            of supply, demand, and supply reliability for transportation  
            fuel.  

          5)Charges ARB with primary responsibility for the control of  
            mobile source air pollution, including the adoption of rules  
            for the reduction of harmful vehicle emissions and the  








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            specification of vehicular fuel composition.  

          6)Pursuant to AB 32 (Nunez) Chapter 488, Statutes of 2006,  
            establishes a statewide greenhouse gas emissions limit such  
            that by 2020, California reduces its greenhouse gas emissions  
            to the level they were in 1990.  

          7)Under the California Renewables Portfolio Standard Program,  
            requires that each California electric utility procure, with  
            limited exceptions, an annual minimum quantity of electricity  
            generated from eligible facilities powered by renewable energy  
            resources.  The amount, subject to flexible compliance  
            provisions, must increase by at least 1% each year, and must  
            reach 20% of total retail sales by no later than 2010.  

          8)Requires Energy Commission to develop, implement, and  
            administer the Public Interest Research, Development, and  
            Demonstration Program.  

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, costs to complete a proceeding on this issue by  
          January 2011, is estimated to be about $280,000 over two fiscal  
          years.  

           COMMENTS  :  According to the author, both ARB and the Energy  
          Commission have been given express powers on reducing emissions  
          in our fuels (the Low Carbon Fuel Standard) and fostering  
          development of research and infrastructure (AB 118 [Nunez] - see  
          above) but the CPUC has not been given express authority to  
          examine in detail how transforming into an electric vehicle  
          economy will effect our energy system from grid reliability to  
          which sources of energy will be used to provide the electricity  
          for electric and plug-in-electric vehicles.  This bill gives the  
          PUC clear direction on these subjects.  The CPUC has prepared a  
          white paper on the potential barriers and opportunities faced by  
          the state in developing the infrastructure necessary to  
          accommodate plug-in hybrid and electric vehicles (PEVs).   
          Furthermore, the bill will mandate CPUC to take the next step to  
          administratively adopt rules and policies that support PEV  
          electrification.  Lastly, the committee's suggested amendment  
          affords CPUC with sufficient time to adopt appropriate rules  
          through their administrative proceedings.  

           Purpose  :  The purpose of this bill is to facilitate the  
          deployment of plug-in hybrid electric vehicles (PHEVs) to assist  








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          with reducing greenhouse gas emissions generated by the  
          transportation sector.  

           Background  :  In an electric vehicle, batteries are typically  
          used to store the electricity that powers the electric motor(s)  
          in the vehicle.  The batteries must be recharged by plugging  
          into a power source.  Some electric vehicles have on-board  
          chargers.  Others need to be plugged into an external charger.   
          A totally electric vehicle is a zero emission vehicle (ZEV) and  
          its motor produces no tailpipe exhaust emissions.  

          In 1990, ARB passed a rule to reduce the pollution from cars.   
          Beginning in 1998, 2% of all vehicles sold in California would  
          have to have zero emissions, increasing to 5% in 2001 and 10% in  
          2003.  In 1996, ARB decided to eliminate the "ramp up" but left  
          in the 10% mandate in 2003.  

          In April 2003, ARB adopted more changes for vehicles produced in  
          the 2005 model year.  ARB changed the calculation for the  
          efficiency multiplier and designated criteria for each of the  
          following five "types" of pure ZEVs:  

          1)Low-speed neighborhood electric vehicles.  

          2)Utility low-range battery electric vehicles.  

          3)Mid-range "city electric vehicles."  

          4)Full function battery electric vehicles.  

          5) Fuel cell vehicles.  

          On March 27, 2008, ARB voted to triple the amount of zero  
          emission vehicles that staff had proposed for automakers to  
          produce (from 2012 through 2014), while directing staff to look  
          at overhauling the program to account for climate change  
          benefits.  Staff had proposed to require 2,500 pure ZEVs, which  
          ARB increased to 7,500.  Automakers can produce fewer ZEVs,  
          5,357, if they are long-range fuel cell vehicles or they can opt  
          to satisfy the requirement by manufacturing 12,500 battery  
          electric vehicles with a range of 100 miles.  ARB allows  
          automakers to offset the number of additional PHEVs during that  
          same period if they produce 25,000 ZEVs.  

           Plug-in hybrid vehicles :  PHEVs are conventional hybrid vehicles  








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          with larger battery packs that can be recharged by plugging into  
          a standard electrical outlet.  This allows for much higher  
          gasoline mileage because the electricity supplements the fuel  
          use.  For example, it could be designed to operate using just  
          battery power for distances such as 20 miles and then be  
          recharged by plugging into a standard home power supply.  For  
          trips over 20 miles, it uses gasoline, diesel, a fuel cell,  
          hydrogen, or other fuel source.  The Energy Commission estimates  
          that PHEVs can get between 80 and 100 miles per gallon (mpg).   
          This is different from the Prius or similar hybrid vehicles,  
          where the gasoline powered motor kicks on first to charge the  
          battery, then the battery takes over when it's most efficient.   
          The Prius gets about 40 to 60 mpg depending on the efficiency of  
          the driving patterns.  PHEVs are not commercially available  
          today; however, there are a few PHEV demonstration vehicles.   
          Most are "conversions" or traditional hybrids that have been  
          converted to plug-in hybrids.  

           Quick facts  :  

          1)PHEV, according to Energy Commission, would reduce gasoline  
            use by 50% to 70% compared with a gasoline vehicle, depending  
            on its electric range.  

          2)According to ARB, a PHEV with 20 miles of "all-electric range"  
            that is recharged from the California grid would emit 62% less  
            greenhouse gas pollution than a conventional car.  

          3)Approximately 89% of personal vehicle trips nationwide cover  
            20 miles or less, which is within the all-electric range of a  
            PHEV.  

           CPUC current efforts  :  The CPUC is currently investigating  
          electric vehicles and has released a white paper that explores  
          grid compatibility issues relating to plug-in hybrid and  
          electric vehicles.  As a part of this effort, CPUC has met with  
          stakeholders to discuss electric system impacts due to the  
          widespread use of PEVs.  Upon examination and further  
          deliberations, the white paper recommendations could lead to an  
          Order Instituting a Rulemaking and subsequent proceeding by  
          CPUC.  Additionally, CPUC is also separately examining PEV  
          issues within its internal Long Term Procurement Plan and Smart  
          Grid efforts.  

           Energy Commission Recommendation  :  The Energy Commission, in its  








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          "2005 Integrated Energy Planning Report" recommended the  
          formation of a plug-in hybrid electric vehicle working group  
          with members that would include state agencies and industry  
          stakeholders as follows:  

              "The state should establish a combined state/industry  
              working group to examine the markets for development and  
              commercialization of plug-in hybrid electric vehicles.   
              The state should develop partnerships with original  
              equipment manufacturers to demonstrate plug-in hybrid  
              electric vehicles, assess consumer demand for these  
              options, and support early incentives to reduce initial  
              consumer cost."  

           Arguments in Support of the bill  :  

          1)The CPUC indicates that this bill is consistent with its goals  
            to reduce greenhouse gas emissions.  Further, it states that  
            an "historic number of automakers have announced plans to  
            deploy a range of plug-in hybrids and electric vehicles (PEVs)  
            in 2009 and 2010.  The CPUC supports the need to develop rules  
            and adopt policies to determine the infrastructure and pricing  
            structures for widespread deployment of plug-in hybrid and  
            electric vehicles."  

          2)The CPUC has prepared a white paper, dated May 2009, that  
            identifies opportunities for and barriers to on-road  
            light-duty vehicle electrification.  According to CPUC, "the  
            paper is intended to serve as a preliminary scoping tool to  
            explore and provoke stakeholder input on potential policies  
            that might support light-duty vehicle electrification."   
            Furthermore, the paper indicates that "While there is much the  
            CPUC and the electricity utilities can do to prepare for and  
            encourage the widespread use of PEVs, market and battery  
            technical barriers may ultimately influence the sustainability  
            of PEV commercialization."  

          3)This bill is consistent with pending federal legislation  
            (Waxman-Markey) that would amend the federal Public Utility  
            Regulatory Policies Act (PURPA) to direct state public utility  
            commissions to examine infrastructure issues as similarly  
            required by this bill.  

           Arguments Against the bill  :









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          1)The Energy Commission provides funding to numerous public and  
            private entities to develop and deploy innovative technologies  
            that transform a diverse array of California's fuel and  
            vehicle types to help attain the state's climate change  
            policies.  Also, ARB provides funding for air quality  
            improvement projects relating to fuel and vehicle  
            technologies.  Some of the transportation technologies that  
            are being evaluated, assessed, and funded include biofuels,  
            hydrogen, self-charging ZEVs, advanced internal combustion  
            engines, conversions of hybrid technologies to PHEVs, and  
            others.  Accordingly, one could argue that this bill provides  
            a single focus on PEVs without considering other technologies  
            that may become commercially viable.  

          2)The CPUC has prepared a white paper that may lead to a  
            rulemaking and subsequent proceeding by the CPUC that would  
            suggest that this bill is unnecessary.

           Related federal and state legislation  :  Pending federal  
          legislation (Waxman-Markey) would amend the federal PURPA to  
          direct state PUCs to examine infrastructure issues.  

          SB 1737 (Kehoe) of 2008, would have required CPUC, by January 1,  
          2010, to require each electrical corporation to establish an  
          optional off-peak electrical rate for plug-in hybrid and  
          electric vehicles, or other optional rate structures, equipment,  
          techniques, or incentives to shift the charging of plug-in  
          hybrid and electric vehicles to off-peak periods.  That bill was  
          subsequently amended to deal with Department of Real Estate  
          brokers and salespersons.  

          SB 2103 (Rosenthal), Chapter 791, Statutes of 1990, requires  
          CPUC, in consultation with various parties, to develop and  
          implement policies that promote the use of electric power and  
          natural gas to fuel low-emission vehicles and to report  
          periodically to the Legislature on those policies.

           Suggested Committee Amendment  :  

          To accommodate the request of CPUC to allow them additional time  
          to examine and address issues as identified in the bill and to  
          adopt through administrative proceedings implementing rules, the  
          committee is recommending that the January 1, 2011 rule adoption  
          deadline, currently established in the bill, be extended to July  
          1, 2011.  








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           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          AAA Northern California  
          American Federation of State, County and Municipal Employees  
          (AFSCME), AFL-CIO  
          Automobile Club of Southern California
          California Electric Transportation Coalition  
          California Public Utilities Commission (support with amendments)
          Nissan North America  
          Plug In America  
          PowerGenix  
          Tesla Motors  
          Toyota Motor North America, Inc.  
          Union of Concerned Scientists

           Opposition 
           
          None on file

           
          Analysis Prepared by  :   Ed Imai / TRANS. / (916) 319-2093