BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1935
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          Date of Hearing:   April 21, 2014

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                    AB 1935 (Campos) - As Amended:  March 28, 2014
           
          SUBJECT  :   Electricity:  clean distributed energy resources

          SUMMARY  :   Revises the scope of an existing biennial report on  
          the electricity grid impacts of distributed generation (DG) to  
          focus instead on "clean distributed energy resources" and  
          defines this term for purposes of the bill.

           EXISTING LAW  , AB 578 (Blakeslee), Chapter 627, Statutes of 2008,  
          requires the Public Utilities Commission (PUC) to study and  
          report to the Legislature and Governor on the impacts of DG on  
          the state's distribution and transmission grid.  AB 578 requires  
          the study to evaluate specified issues related to  
          interconnection and operation of DG.  

           THIS BILL  :

          1)Requires future AB 578 reports to focus on "clean distributed  
            energy resources" rather than DG generally.

          2)Defines "clean distributed energy resources" as any of the  
            following: 

               a)     A clean energy generating technology that meets all  
                 of the following criteria:

                     i.          Produces electricity, or electricity and  
                      useful heat. 
                     ii.         Has a greenhouse gas (GHG) emissions  
                      factor, including, when applicable, credit for waste  
                      heat recovery and savings on transmission and  
                      distribution losses, that is less than or equal to  
                      the emission factor for electricity developed by the  
                      Air Resources Board (ARB) in the AB 32 scoping plan.
                     iii.        Has an oxide of nitrogen (NOx) emissions  
                      rate, including, when applicable, credit for waste  
                      heat recovery, that is less than or equal to the NOx  
                      emission limit set by ARB in its DG certification  
                      regulation. 
                     iv.         Has a nameplate rated generation capacity  








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                      of 20 or less megawatts (MW). 

               b)     An eligible renewable energy resource, as defined in  
                 Section 399.12, that uses organic waste or biogas as its  
                 fuel and has a nameplate generation capacity of 20 or  
                 less MW. 

               c)     A "demandside" reduction resource. 

               d)     An energy storage technology that stores energy from  
                 a technology or resource specified above.

           FISCAL EFFECT  :   Unknown (According to the PUC, the existing AB  
          578 reports cost $34,000 and $100,000, but it's not clear how  
          changing the scope of the reports may affect their cost).






































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           COMMENTS  :

           1)Background  .  The PUC has hired consulting firms to prepare two  
            "DG impacts" reports since AB 578 was enacted.  The most  
            recent report, "Biennial Report on Impacts of Distributed  
            Generation," prepared by Black & Veatch, was published by the  
            PUC in May 2013.  According to the report:

               Governor Brown has established a highlevel goal for  
               California to achieve 12,000 MW of renewable DG by 2020.   
               California has had a history of encouraging the development  
               of smaller generation facilities that connected directly at  
               the distribution level of the electricity system.  DG  
               growth has been spurred by several governmentsponsored  
               incentive programs.  The California Energy Commissions  
               Emerging Renewables Program (ERP) was funded as a result of  
               AB 1890, and provided support to emerging renewable  
               projects on the customerside of the meter.  The CPUCs  
               SelfGeneration Incentive Program (SGIP), which was started  
               in response to the energy crisis in 2001, offered  
               incentives for DG projects located at utility customer  
               sites.  The SGIP program supported a variety of distributed  
               generation technologies including solar photovoltaic (PV),  
               wind, fuel cells, and other conventional technologies.   
               When the California Solar Initiative (CSI) program and  
               several related programs began in 2007 as a result of SB 1  
               (Murray, 2006), with a goal of promoting 3,000 MW of  
               distributed solar in the state, support for solar PV  
               technologies was shifted from the SGIP program to the CSI  
               program.

               The (DG impacts) 2010 Report addressed the installed DG in  
               California under the SGIP and CSI programs as well as net  
               energy metering (NEM) and nonNEM projects interconnected to  
               the three investorowned utilities (IOUs) through September  
               of 2009.  Since then, new programs have been launched to  
               promote more DG in the state; both on the customer side of  
               the meter and on the wholesale side, and installations have  
               increased dramatically under existing programs.  Black &  
               Veatch reviewed program data to determine the total amount  
               of DG that has been installed.  The eight customerside  
               programs include:

                     California Solar Initiative (CSI)
                    o           General Market (GM)








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                    o           Multifamily Affordable Solar Housing  
                      (MASH)
                    o           Singlefamily Affordable Solar Housing  
                      (SASH)
                     SB 1 PubliclyOwned Utility (POU) Programs
                     New Solar Homes Partnership (NSHP)
                     SelfGeneration Incentive Program (SGIP)
                     Emerging Renewables Program (ERP)  no longer active  
                 as of June 2012
                     Renewable Energy SelfGeneration Bill Credit Transfer  
                 (RESBCT) Program

               The impacts of DG on the distribution and transmission  
               system today are not adequately quantified, but are  
               believed to be relatively low.  The lack of observed  
               impacts can be attributed to several reasons:

                     Currently about 90 percent of connected DG capacity  
                 is on the customerside of the meter.
                     Customerside DG systems are typically small.
                     The current penetration level of DG is low.
                     At the given penetration levels, the interconnection  
                 process and requirements have successfully mitigated  
                 impacts before they occur.
                     There is a general lack of monitoring DG system  
                 output and of the effects of DG systems on the grid (that  
                 is, utilities do not have the appropriate tools to  
                 systematically collect and evaluate data on problems or  
                 benefits attributable to DG).

               For these reasons, it is difficult to quantify the impacts  
               of customerside DG on the grid.  It is expected by many  
               that impacts will increase as DG penetration increases.   
               However, to be able to quantify the impacts, the utilities  
               will need to begin systematically monitoring, evaluating,  
               and associating such impacts with DG systems.

               The expected impacts would first occur on the distribution  
               system because of the direct connection of DG to the  
               distribution system.  However, as the penetration of DG  
               increases, the impacts will roll up to the transmission  
               system.  What many industry observers agree on is "DG that  
               is at the 'right place at the right time' will create the  
               greatest value, while additional electricity supply in the  
               wrong place at the wrong time could result in added costs  








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               to the system," as stated in a report published by Rocky  
               Mountain Institute and PG&E in March 2012.  ("Net Energy  
               Metering, Zero Net Energy, and the Distributed Energy  
               Resource Future: Adapting Electric Utility Business Models  
               for the 21st Century," Rocky Mountain Institute, Snowmass,  
               CO, March 2012.)  However, it is difficult to develop  
               quantitative measuring and monitoring protocols to  
               systematically gauge whether DG is being deployed at the  
               right place at the right time, and there has been no effort  
               yet in California to do so.

           1)Author's statement  :  
           
               Policymakers and regulators generally agree that clean  
               distributed resources are beneficial.  This is evidenced by  
               multiple state programs, policies, goals, and reports aimed  
               at promoting them.  Clean DERs (distributed energy  
               resources) help reduce GHGs, NOx, and criteria air  
               pollutants in addition to increasing grid reliability and  
               integrating with renewables.  These technologies help  
               achieve the GHG reduction goals in AB 32, the Renewables  
               Portfolio Standard, and regional air quality targets.  

               However, clean distributed energy resources have never been  
               defined in a technology neutral fashion, which makes these  
               technologies susceptible to being left out of important  
               reports and planning processes.  Because these reports  
               often inform policy discussions on the future of  
               California's electrical system, it is important that  
               information on all clean distributed energy resources is  
               included. 

               Many innovative clean DERs are being invented,  
               manufactured, and deployed in California with the state's  
               policy goals in mind.  In addition to renewables like solar  
               and wind, clean DER technologies being deployed in  
               California include fuel cells, combined heat and power  
               systems, advanced energy storage technologies, demand-side  
               resources, dairy digesters, and landfill gas capture  
               technologies. 

               The PUC, in consultation with the Independent System  
               Operator and Energy Commission, issues a biennial report on  
               the impacts of distributed resources in California.   
               Currently, this report uses existing incentive programs to  








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               determine which distributed resources are included and  
               focuses primarily on solar PV.  Because there are so many  
               types of new clean distributed resources being developed  
               and deployed in California today, it makes sense for this  
               report to use a technology-neutral definition to guide the  
               report's findings.   

               To solve this problem, a technology-neutral,  
               attribute-based definition of "clean distributed energy  
               resources" is needed.  By creating a definition for this  
               term, which sets strict limits on GHG emissions, NOx  
               emissions, and size, the state can properly report on the  
               development and deployment of new clean distributed  
               technologies with environmental and reliability attributes  
               that drive California toward its GHG, air quality, and  
               energy goals.  

           2)How clean is "clean"  ?  Essentially, this bill is about  
            defining the rate at which natural gas DG can emit GHGs and  
            NOx and still be considered "clean."  For GHG, the bill  
            references an emission factor for existing in-state natural  
            gas electricity generation that was included in a supplement  
            to the 2008 AB 32 Scoping Plan.  The emissions factor is 963  
            pounds per megawatt-hour (lbs/MWh).  For NOx, the bill  
            references a regulation adopted by ARB in 2001 for  
            certification of small DG units.  The emissions standard is  
            0.07 lbs/MWh.  Incorporating these ARB publications by  
            reference may not result in coherent standards because the  
            referenced report and regulations may change.  For example,  
            the Scoping Plan Update proposed by ARB for adoption in May  
            does not include a GHG emissions factor for electricity, so  
            once the update is adopted, the GHG standard in the bill would  
            be meaningless.   The author and committee may wish to consider   
            directly incorporating maximum emission rates in the bill.  

             To help understand whether a GHG emissions rate of 963 lbs/MWh  
            is a fair definition of "clean" for new natural gas  
            generation, the committee obtained the following GHG emissions  
            rates for comparison:

                 PG&E grid mix (2009) - 575 lbs/MWh
                 PG&E grid mix (2010) - 445 lbs/MWh
                 SCE delivered electricity (2011) - 517 lbs/MWh
                 SCE delivered electricity (2012) - 705 lbs/MWh
                 SDG&E delivered electricity (2010) - 736 lbs/MWh








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                 SDG&E delivered electricity (2011) - 648 lbs/MWh
                 Bloom Energy fuel cell - 773 lbs/MWh
                 Recent combined-cycle power plants:
                  o         Inland Empire (2009/10) - 801-817 lbs/MWh
                  o         Otay Mesa (2009) - 815 lbs/MWh
                  o         PG&E Gateway (2009) - 829 lbs/MWh
                  o         Palomar (2012) - 840 lbs/MWh

            These numbers suggest that, while 963 may be on par with the  
            existing fleet of in-state gas generation (which is skewed up  
            by older, less-efficient units), it is significantly less  
            "clean" than the grid average of the state's two largest  
            utilities and does not compare favorably to recent additions  
            to the grid.  If 963 is the standard, "clean" may not be the  
            right adjective.  It appears that a standard closer to 800  
            lbs/MWh would reflect an environmental improvement going  
            forward.

           1)Reason for excluding non-biogas renewables is unclear  .  The  
            bill also includes resources eligible for the Renewables  
            Portfolio Standard (RPS) in the "clean" category, but only  
            those renewables that use organic waste or biogas.   The author  
            and the committee may wish to consider  amending the bill to  
            include all RPS-eligible renewables.

           2)Much ado about a report  .  Though the exercise of deciding  
            which natural gas technologies should be considered "clean"  
            may have some independent value, it's not clear what purpose  
            will be served by distinguishing "clean" DG in a report that's  
            about grid impacts rather than environmental impacts.

           3)Double referral  .  This bill is double-referred to the Assembly  
            Utilities and Commerce Committee.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Bloom Energy
          EnerNOC
          EtaGen
          Sonoma County Water Agency
          TechNet

           Opposition 








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          None on file

           
          Analysis Prepared by  :    Lawrence Lingbloom / NAT. RES. / (916)  
          319-2092