BILL ANALYSIS                                                                                                                                                                                                    �          1





                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                 ALEX PADILLA, CHAIR
          

          AB 1935 -  Campos                                 Hearing Date:   
          June 23, 2014              A
          As Amended:         May 6, 2014              FISCAL       B

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                                      DESCRIPTION
           
           Current law  defines "advanced electrical distributed generation  
          technology" as any electric distributed generation technology  
          that generates useful electricity and meets all of the following  
          conditions:

             (1)  The emissions standards adopted by the State Air  
               Resources Board pursuant to the distributed generation  
               certification program requirements of Article 3 (commencing  
               with Section 94200) of Subchapter 8 of Chapter 1 of  
               Division 3 of Title 17 of the California Code of  
               Regulations;
             (2)  Produces de minimis emissions of sulfur oxides and  
               nitrogen oxides;
             (3)  Meets the greenhouse gases emission performance standard  
               established by the commission pursuant to Section 8341;
             (4)  Has a total electrical efficiency of not less than 45  
               percent. 
             (5)  Is sized to meet the generator's onsite electrical  
               demand;
             (6)  Has parallel operation to the electrical distribution  
               grid; and
             (7)  Utilizes renewable or nonrenewable fuel.
               (Public Utilities Code � 379.8)
           
          Current law  requires the California Public Utilities Commission  
          (CPUC), in consultation with the California Independent System  
          Operator (CAISO) and the California Energy Commission (CEC), to  
          submit to the Legislature and the Governor a biennial report on  
          the impacts of distributed generation (DG) on the state's  











          transmission and distribution systems. The report shall 
          specifically assess the impacts of the California Solar  
          Initiative (CSI) program, the self-generation incentive program  
          (SGIP), and the net energy metering (NEM) pilot program. (Public  
          Utilities Code � 321.7)

           This bill  would define "clean distributed energy resources" and  
          require such resources be included in the biennial report,  
          referenced above. 
           
          This bill  would require the State Air Resources Board (ARB) to  
          develop a new emissions factor that "represents the emissions of  
          greenhouse gasses that are displaced by the electricity  
          generated by the distributed energy resource."


                                      BACKGROUND
           
          Distributed Generation (DG)<1> - Examples of DG include  
          renewables, such as photovoltaic solar, wind, biomass, gas  
          digesters, or landfill gas as well as non-renewables, such as  
          natural gas, propane gas, or waste gas.  What distinguishes DG  
          is its use either on the retail or wholesale side of the meter  
          but always located close to load and small in capacity.

          According to the Federal Energy Regulatory Commission (FERC), DG  
          is not a new phenomenon. During the initial phase of the  
          electric power industry in the early 20th century, all energy  
          requirements (heating, cooling, lighting, and motive power,  
          etc.) were supplied at or near their point of use. Technical  
          advances, economies of scale in power production and delivery,  
          the expanding role of electricity and its concomitant regulation  
          as a public utility, gradually converged to build toady's  
          network of gigawatt-scale thermal power plants located far from  
          urban centers.

          At the same time this system of central generation was  
          developing, some customers, particularly in the industrial  
          sector, found it economically advantageous to install and  
          operate their own electric generation systems. These  
          "traditional" forms of DG, while not assets under the control of  
          electric utilities, nonetheless produced benefits to the  
          ---------------------------
          <1> This section is adapted from:  
          http://www.ferc.gov/legal/fed-sta/exp-study.pdf









          electric system by providing services to consumers that the  
          utility no longer needed to provide, thereby freeing up assets  
          to extend the reach of utility services and promote more  
          extensive electrification.

          Technology for both central generation and DG has become more  
          efficient and less costly. Today, advances in new materials and  
          designs for photovoltaic panels, microturbines, reciprocating  
          engines, thermally-activated devices, fuel cells, digital  
          controls, etc., have expanded the range of applications for  
          "modern" DG, and have made it possible to tailor energy systems  
          to the specific needs of consumers and electric utilities.

          California Support for DG  According to the 2013 Biennial Report  
          on Impacts of Distributed Generation<2> (the Report), Governor  
          Brown has established a highlevel goal for California to achieve  
          12,000 MW of renewable DG by 2020. California has encouraged the  
          development of smaller generation facilities that connect  
          directly at the distribution level of the electricity system.  
          Several incentive programs support the expansion of DG.  These  
          include the CPUCs SelfGeneration Incentive Program (SGIP), and  
          the California Solar Initiative (CSI) and net energy metering  
          tariffs (NEM).

                                       COMMENTS
           
              1.   Author's Statement  . "Because clean technologies have  
               never been defined in a technology-neutral fashion, these  
               beneficial technologies are vulnerable to being left out of  
               grid planning processes and reports. AB 1935 would help  
               solve this problem by defining clean distributed energy  
               resources and ensuring that these technologies are included  
               in an existing CPUC report which details the impacts of  
               distributed generation on the California grid."

              2.   Existing DG Report  . AB 578 (Blakeslee, 2008) required  
               the CPUC, in consultation with CAISO and CEC, to prepare a  
               biennial report on the impacts of DG on the state's  
               distribution and transmission grid. The report must include  
               the following:

               -------------------------
          <2>  
           http://www.cpuc.ca.gov/NR/rdonlyres/29DCF6CC-45BC-4875-9C7D-F8FD9 
          3B94213/0/CPUCDGImpactReportFinal2013_05_23.pdf  









                           Reliability/transmission issues related to  
                    connecting DG to the local distribution networks and  
                    regional grid;
                           Issues related to grid reliability/operation,  
                    including interconnection, and the position of  
                    federal/state regulators toward DG accessibility;
                             The effect on overall grid operation of  
                     various DG sources;
                             Barriers affecting the connection of DG to  
                     the state's grid;
                             Emerging technologies related to DG  
                     interconnection;
                             Interconnection issues that may arise for  
                     CAISO and local distribution companies; 
                             The effect on peak demand for electricity;  
                     and
                             Impacts of the CSI program, the SGIP, and  
                     the NEM pilot program.

              1.   Something New  ?  The DG report that this bill modifies is  
               specifically designed to include technologies that are  
               approved and funded through the Self Generation Incentive  
               Program, the California Solar Initiative, and  
               interconnected under the net energy metering tariffs.   
               Those programs comprise the supported technologies that can  
               meet California's DG goals.  The author defines the  
               parameters of a technology to include in the study without  
               specifying what it is (e.g. microturbine or fuel cell) or  
               what fuel source is used (e.g. natural gas or biogas) the  
               purpose of which is not clear nor is it clear that this  
               technology is supported by any of the DG programs upon  
               which the report is based.  

               If the newly defined "clean distributed energy resource" is  
               funded in the SGIP program or eligible for interconnection  
               under a NEM tariff, it is already in the study.  If the  
               "clean distributed energy resource" is not included in any  
               of the DG programs then the study shouldn't include it  
               because it would skew the results.  

               In order to ensure that the study continues to evaluate the  
               benefits and impacts of ratepayer support for the SGIP,  
               CSI, and NEM programs, the author and committee may want to  
               consider striking the reference to "clean distributed  










               energy resource."

              2.   Is the Report Working as Intended  ? The preparers<3> of  
               the 2013 report state that utilities do not have the tools  
               to collect and evaluate data on the operating  
               characteristics, costs, and benefits of various DG systems.  
               This information is necessary to compare, on an equal and  
               consistent basis, DG technologies with central generation  
               and other conventional electric resource options, among  
               other applications. 

               Regardless of why the data were not available or analyzed,  
               and notwithstanding mandated objectives of the report, the  
               impacts of DG on the distribution and transmission system  
               were not adequately quantified in the 2013 report. The  
               continued value of the report is not apparent.

              3.   Demand Response (DR) Does Not Equal DG  . The Federal  
               Energy Regulatory Commission defines DR as "changes in  
               electric usage by end-use customers from their normal  
               consumption patterns in response to changes in the price of  
               electricity over time, or to incentive payments designed to  
               induce lower electricity use at times of high wholesale  
               market prices or when system reliability is jeopardized."  
               In other words, DR is a behavior rather than a DG  
               technology that may comply (or not) with emissions  
               standards. Thus, the relevance of demand response to a  
               report on the impacts of technologies on the distribution  
               grid is not apparent.  The author and committee may want to  
               consider striking the inclusion of DR in the report.  
           
              6.   Clarifying Amendment  . This bill includes a code section  
               that no longer applies to the study of DG.  The committee  
               and author may want to consider striking this reference to  
               Public Resources Code � 25783.

                                    ASSEMBLY VOTES
           
          Assembly Floor                     (77-0)
          Assembly Appropriations Committee  (17-0)
          ---------------------------
          <3> The CPUC has hired consulting firms to prepare the two  
          reports published since AB 578 was enacted. The most recent  
          report was prepared by Black & Veatch and published by the CPUC  
          in May 2013.









          Assembly Utilities and Commerce Committee                       
          (13-0)
          Assembly Natural Resources Committee                            
          (9-0)

                                       POSITIONS
           
           Sponsor:
           
          Author

           Support:
           
          Bloom Energy
          Capstone Turbine Corporation
          ClearEdgePower
          EnerNOC, Inc.
          EtaGen
          Sonoma County Water Agency
          TechNet

           Oppose:
           
          None on file



          Alexis Erwin 
          AB 1935 Analysis
          Hearing Date:  June 23, 2014