BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 730
                                                                  Page  1

          Date of Hearing:   June 28, 2010

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                               Steven Bradford, Chair
                    SB 730 (Wiggins) - As Amended:  June 21, 2010

           SENATE VOTE  :   (Vote not relevant)
           
          SUBJECT  :   Energy efficiency.

           SUMMARY  :   Requires the California Public Utilities Commission  
          (PUC) to ensure that the Sonoma County Regional Climate  
          Protection Authority (SCRCPA) interests are considered when  
          evaluating energy-efficiency investments.  Additionally, the  
          bill requires electrical corporations to collaborate with  
          regional authorities and other public agencies when developing  
          its energy-efficiency programs.   Specifically,  this bill  :   

          1)States legislative intent that the PUC shall continue to  
            administer cost-effective energy efficiency programs  
            authorized pursuant to existing statutory authority.

          2)Requires the PUC to ensure regional and local interests,  
            including SCRCPA, are involved in program portfolio design,  
            revision, and implementation when evaluating energy-efficiency  
            investments, where appropriate.

          3)Requires an electrical corporation to collaborate with county  
            climate protection authorities, or other public agencies when  
            developing or revising its energy efficiency program.

           EXISTING LAW  :  

          1)Mandates the PUC has regulatory authority over public  
            utilities, including electrical corporations.

          2)Requires the PUC to review and adopt a procurement plan for  
            each electrical corporation in accordance with specified  
            elements, incentive mechanisms, and objectives.  

          3)Requires electrical corporations proposed plan to include a  
            showing that the electrical corporation will first meet its  
            unmet needs through all available energy efficiency and demand  
            reduction resources that are cost-effective, reliable, and  
            feasible.  

          4)Requires the PUC, in evaluating energy-efficiency investments,  






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            to ensure that local and regional interests are encouraged to  
            participate in program implementation.

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :   According to the author, this bill maximizes Sonoma  
          County's efforts to reduce greenhouse gas emissions and achieve  
          energy efficiency.  This bill requires utility companies, such  
          as Pacific Gas & Electric (PG&E), to plan and coordinate their  
          energy efficiency efforts with the County, specifically SCRCPA.   


          The author believes local energy efficiency and climate change  
          initiatives approved and supported by local communities, need to  
          be harmonized and coordinated with PUC efforts on energy  
          efficiency and funded by the ratepayer funded energy-efficiency  
          programs, when appropriate.  

           Background  :  In response to the Global Warming Solutions Act of  
          2006 (AB 32 Nunez, Chapter 488, Statutes of 2006), the  
          California Air Resources Board (ARB) adopted the AB 32 Scoping  
          Plan in December 2008.  The plan recognizes the critical role  
          local governments will play in the successful implementation of  
          AB 32.  The Scoping Plan specifically states that, "Local  
          governments are essential partners in achieving California's  
          goals to reduce GHG emissions.  They have broad influence and,  
          in some cases, exclusive authority over activities that  
          contribute to significant direct and indirect GHG emissions  
          through their planning and permitting processes, local  
          ordinances, outreach and education efforts, and municipal  
          operations.  Many of the proposed measures to reduce GHG  
          emissions rely on local government actions."

          ARB is encouraging local governments to adopt a GHG reduction  
          goal for municipal operations emissions and move toward  
          establishing similar goals for community emissions that parallel  
          the state commitment to reduce GHG emissions by approximately 15  
          percent from current levels by 2020.  

          Local governments on their own initiative and through state  
          programs and policies have launched a variety of programs to  
          reduce energy consumption and regional gas emissions.  For  
          instance, the County of Sonoma, all nine cities within the  
          county, Sonoma County Water Agency, Sonoma County Transportation  
          Authority and the Sonoma County Agricultural Preservation and  
          Open Space District have all adopted the most aggressive  
          emission reduction targets in the United States, which is 25  






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          percent below 1990 levels by 2015.  To meet this ambitious goal,  
          last year the community successfully sponsored legislation to  
          create the nation's first regional climate protection authority  
          (AB 881 Huffman/Wiggins, Chapter 375, Statutes of 2009).   
          Working closely with the Sonoma County and its cities, SCRCPA is  
          deploying an aggressive energy conservation effort that involves  
          coordinating and implementing a county-wide building retrofit  
          program.  

          Sonoma County launched the Sonoma County Energy Independence  
          Program (SCEIP) in March 2009, authorized by AB 811 (Levine),  
          Chapter 159, Statutes, 2008.  The bill allows property owners to  
          finance energy efficiency, water efficiency and renewable energy  
          improvements through voluntary assessments. Sonoma County's  
          program has proved to be successful and is the only county-wide  
          "AB 811 program" in the state.  The County has received over $35  
          million in applications and has funded nearly $20 million in  
          completed projects.  

           The low-hanging fruit  :  Energy efficiency is the first priority  
          in California's loading order for energy resources.  Energy  
          efficiency is a zero-emission strategy to reduce greenhouse gas  
          emissions in the electricity sector.  Energy efficiency and  
          conservation programs also reduce energy costs, which in turn  
          make businesses more competitive and allow customers to save  
          money.  Moreover, energy efficiency reduces the cost of meeting  
          peak demand during periods of high temperatures and high prices.  
           By reducing the demand for electricity, energy-efficiency  
          programs play a major role in increasing reliability of the  
          electric grid by reducing demands on existing power plants and  
          the transmission systems, and thereby reducing the demand for  
          new power plants and transmission infrastructure.  

          The 2008 PUC Strategic Plan sets forth a vision for local  
          government partnerships with utilities. According to the PUC,  
          "By 2020, California's local governments will be leaders in  
          using energy efficiency to reduce energy use and global warming  
          emissions both in their own facilities and throughout their  
          communities."  

          In September 2009, the PUC approved the 2010-2012 Utility  
          Energy-Efficiency Portfolios.  These portfolios, administered by  
          the investor owned utilities (IOU's), contain $3.1 billion in  
          ratepayer-supported programs for energy efficiency.  Of these  
          funds, the portfolios provide $260 million in energy-efficiency  
          funding to selected cities, counties and regional governments.   
          According to the PUC, the majority of these local government  






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          partnership programs and the local government pilot programs  
          were also funded in the 2006-2008 portfolios.

           Seat at the table  :  Current law requires the PUC to ensure that  
          regional and local interests, multifamily dwellings, and energy  
          service industry capabilities are incorporated into the IOU's  
          program portfolio design.  This bill specifically compels the  
          PUC to ensure SCRCPA interests are incorporated into PG&E's  
          energy-efficiency portfolio. This may be a burdensome task for  
          the PUC, as there are numerous programs that are contained in  
          the four IOU's energy-efficiency portfolios.  However, there is  
          an opportunity for interested participants or entities to file  
          comments on the IOU's proposed plan during a public proceeding  
          at the PUC, before the IOU's energy-efficiency portfolio is  
          adopted.  Rather than make reference to SCRCPA in statute,  the  
          author and committee may wish to delete this reference and  
          instead insert "local and regional interests, including but not  
          limited to, those interests pursuant to Section 181000-181016  ."

          This bill requires the IOU's to collaborate with, and seek  
          comments from county climate protection authorities or other  
          public agencies that are authorized to implement regional or  
          countywide climate protection and energy-efficiency programs.   
          PG&E states their willingness to identify programs that work for  
          Sonoma County, but believe statutory direction would set a  
          precedent that is problematic, as other entities may similarly  
          want to engage in the design of their portfolio.  However,  
          SCRCPA claims that there have been cases where Sonoma County and  
          PG&E have launched energy-efficiency programs that are very  
          similar in design.  In order to avoid this circumstance, SCRCPA  
          desires to be an active participant in PG&E's energy- efficiency  
          portfolio design.  Furthermore, Sonoma County Board of  
          Supervisors believe this provision would ensure local  
          governments a seat at the policy-making table and provide the  
          opportunity for sharing local best practices and innovative  
          thinking.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          City of Cotati
          City of Healdsburg
          City of Sonoma
          Sonoma County Board of Supervisors
          Sonoma County Regional Climate Protection Authority (RCPA)
          Sonoma County Water Agency






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          Town of Windsor
           
            Opposition 
           
          None on file.

           Analysis Prepared by  :    DaVina Flemings / U. & C. / (916)  
          319-2083