BILL ANALYSIS                                                                                                                                                                                                    �          1





                 SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                  ALEX PADILLA, CHAIR
          

          AB 2137 -  Quirk                                  Hearing Date:   
          June 17, 2014              A
          As Amended:         May 15, 2014             FISCAL       B

                                                                        2
                                                                        1
                                                                        3
                                                                        7

                                       DESCRIPTION
           
           Current law  requires the California Public Utilities Commission  
          (CPUC), in consultation with the California Energy Commission  
          (CEC), to identify all potentially achievable cost-effective  
          electricity and natural gas efficiency savings and to establish  
          efficiency targets for electrical and gas corporations to achieve  
          pursuant to their procurement plans. (Public Utilities Codes ��  
          454.55, 454.56) 

           This bill  requires the CEC and the CPUC to ensure that the Energy  
          Upgrade California website includes information related to energy  
          efficiency programs for nonresidential customers.  

           Current law  establishes the Office of Small Business Advocate  
          (OSBA) within the Governor's Office of Business and Economic  
          Development (GO-Biz) the duties of which include advisory  
          participation in the consideration of all legislation and  
          administrative regulations that affect small businesses.   
          (Government Code � 12098 et seq.)

           This bill  requires the OSBA to dedicate a section on its website  
          to demand side energy management programs that are available to  
          small businesses.

                                       BACKGROUND
           
          Energy efficiency is California's top strategy for reducing energy  
          use and meeting the state's energy needs.  Energy efficiency is at  
          the top of the "loading order," and California's utilities are  
          required to first meet their energy needs through cost-effective  
          energy efficiency measures before renewable and conventional  










          generation. The state's investor-owned utilities (IOUs) and, to a  
          lesser extent, the publicly-owned utilities (POUs), administer  
          hundreds of energy efficiency programs that provide education,  
          financial incentives and rebates for installing energy efficiency  
          appliances, lighting, windows, HVAC systems, and other  
          technologies and measures.

          California has made substantial investment in a multitude of  
          energy efficiency programs financed with ratepayer and taxpayer  
          dollars, including approximately $1 billion per year in on-going  
          program funds from IOU ratepayers which is allocated and approved  
          by the CPUC in two to three year cycles.  

          Making a "Brand" - Starting in 2008 the CPUC's strategic plan  
          called for statewide marketing, education and outreach, with the  
          goal to "create and launch an integrated, statewide marketing,  
          education and outreach effort for energy efficiency including an  
          energy efficiency brand." The plan identified the corresponding  
          "goal results" as "high levels of awareness statewide of the value  
          of energy efficiency that leads to strong demand for energy  
          efficient products, homes and services." The goal is to be  
          achieved by creating an energy efficiency "brand," marketing  
          messages that offer bundles of demand-side management programs,  
          social marketing techniques to create emotional and intellectual  
          drivers, and a web portal outlining all energy efficiency programs  
          and measures available to customers.

          Engage 360 (2009-2011) - The energy efficiency statewide marketing  
          brand that was developed following this decision was "Engage 360,"  
          a program administered by the IOUs through a contract managed by  
          Southern California Edison.  However, in 2011 the CPUC opined that  
          the Engage 360 brand was costly and likely not producing enough  
          ratepayer benefit to justify its continuance. The program was  
          suspended and the utilities were directed to develop a strategy  
          and budget for transitioning toward the use of "Energy Upgrade  
          California" as a statewide umbrella brand for energy information  
          and encouraging demand-side management actions by residential and  
          small business consumers.

          Energy Upgrade California (2010-2012) - The CEC picked up the  
          "Energy Upgrade" gauntlet and launched the whole house retrofit  
          program with associated marketing and a web portal. Utilizing  
          American Recovery and Reinvestment Act (ARRA) funding and working  
          with the CPUC and local governments, the primary purpose was to  
          motivate single-family and multifamily building owners to conduct  









          whole building energy efficiency upgrades, connect owners with  
          utility and state/local government rebates, provide creative  
          financing opportunities, and connect owners with participating  
          contractors to conduct the upgrades.

          By 2012 the CEC reported that just 5,130 homes received upgrades  
          or qualified for rebates and 3,728 energy efficiency projects at  
          businesses were completed mostly by improvement to ventilation  
          systems and lighting controls.  The CEC reported that $40.9  
          million went directly to rebates for homeowners and businesses and  
          $56.5 million was spent on administration, marketing and training  
          contractors.  

          Energy Upgrade California (2014) - A third marketing attempt is  
          now underway utilizing IOU ratepayer funds as mandated by the CPUC  
          in the current two-year energy efficiency portfolio program cycle.  
          The $43.5 million statewide marketing effort was not competitively  
          bid and is administered by the California Center for Sustainable  
          Energy which reports:

               The goal of the initiative for 2014-2015 is that Energy  
               Upgrade California is re-launched as an integrated, umbrella  
               Statewide Marketing, Education and Outreach effort that  
               provides California residents and small business owners with  
               information about energy concepts, programs, services, rates  
               and benefits of taking action so that Californians (1) begin  
               to understand their energy use, the opportunities available  
               for them to act, and the benefits of their action, and (2)  
               begin to take well informed action to better manage energy."  
               The long-term goal is "that Californians understand the value  
               of energy efficiency, demand response, and distributed  
               generation which leads to demand for products, services, and  
               rates for their homes and businesses. This demand leads  
               Californians to take actions that save money, increase the  
               installation of customer-owned renewable energy technologies,  
               use energy more efficiently, and shift energy use away from  
               peak hours as needed.

          The initial program audience is residential customers.  CCSE  
          advises that the program will be expanded and launched for small  
          business customers this summer.  

          Utility Outreach - Each of the four investor-owned utilities  
          (PG&E, SCE, SDG&E, SoCalGas) and the larger publicly owned  
          utilities have dedicated web portals for business customers with  









          extensive, substantive information and multiple links to multiple  
          sites.  There are more than 50 IOUs, POUs, and Community Choice  
          Aggregators (CCAs) in the state that serve the electricity and gas  
          needs of small business.

                                        COMMENTS
           
              1.   Author's Purpose  .  California is investing billions of  
               dollars in energy efficiency retrofits for schools, homes and  
               businesses. These dollars have been made available through  
               the voter approved Proposition 39, which closed a tax  
               loophole that favored out-of-state corporations costing the  
               state around $1 billion annually, utility-run energy  
               efficiency programs for residential homes and businesses paid  
               for through ratepayer dollars, or the California Alternative  
               Energy and Advanced Transportation Financing Authority that  
               provides a variety of different financing tools for energy  
               efficiency upgrades, just to name a few. 

               The problem is, while there is certainly a significant amount  
               of money being invested in energy efficiency upgrades around  
               the state, as well as different outreach programs for schools  
               and residential homes, small businesses have not received the  
               same amount of public outreach that they deserve. 

               For example, AB 758 (Skinner, 2009) required the CEC, in  
               collaboration with CPUC and other stakeholders to develop a  
               comprehensive program to achieve greater efficiency in the  
               state's existing building stock. Furthermore, the CEC and  
               CPUC recently developed a program called Energy Upgrade  
               California. The program is focused on the energy efficiency  
               home improvement market, not small business, to help educate  
               customers and contractors of the benefits of energy  
               efficiency upgrades and incentives available to them. 

               The state has not developed a comprehensive outreach program  
               for small businesses, which are the backbone of California's  
               ongoing economic prosperity. AB 2137 would help fill this  
               void by tasking the Go-Biz, as well as the CPUC, to dedicate  
               a section of their website to educate small business owners  
               of the energy efficiency programs available to them.

              2.   Questionable Impact  .  Since 2008 the CPUC and the CEC have  
               launched three marketing efforts in an attempt to transform  
               "energy efficiency from a simple ratepayer-funded program to  









               one that is more of a component of consumer lifestyles."   
               Those efforts have cost California IOU ratepayers tens of  
               millions of dollars, along with more than $100 million in  
               ARRA funds but produced few results.  Each lackluster program  
               is addressed by spending millions more to invent a new brand  
               and yet another lackluster program.  

               The CPUC's new marketing tool "Energy Upgrade California,"  
               complete with a Golden Bear as the mascot, has no obvious  
               differences from the prior efforts and has yet to show it  
               will be any more effective than the last iteration of Energy  
               Upgrade or the Engage 360 effort before that.  

               This bill requires the CPUC and CEC to incorporate outreach  
               to non-residential customers in its program. The marketing  
               and web portal for Energy Upgrade California are currently  
               targeted to residential customers.  The CPUC's decision  
               establishing the effort required the inclusion of small  
               business outreach.  The administrator, CCSE, to the committee  
               indicates that small business will be incorporated this  
               summer.  The author's stated intention is that the program  
               also be directed to small business.  The use of  
               "non-residential" in the bill includes many more customer  
               classes than the author's intended audience - small  
               businesses.  The author and committee may wish to strike  
               "non-residential" and insert small business.  Additionally,  
               the program is under the jurisdiction of the CPUC so the  
               reference to the CEC should be deleted.

              3.   GO-Biz Website  .  With this bill the author is directing  
               GO-Biz to maintain a section on its website that reflects all  
               small business, demand side energy management programs  
               offered by the state, local governments (which the author  
               intends to include information such as Property Assessed  
               Clean Energy (PACE) financing programs), the more than 50  
               electric and gas utilities, and CCAs in the state.  Attached  
               as appendix A is an outline of just some of the portals on  
               the small business website of one of the IOUs.  Each of those  
               portals includes different rates, incentives, and programs.   
               An extensive administrative effort would be needed to  
               replicate those services on one state website and keep them  
               current as the rates and programs change.  It might be more  
               efficient and effective for GO-Biz to link to utility and  
               local government financing programs.  Additionally, this  
               website could be duplicative of Energy Upgrade California if  









               the program administrator does meet its obligation to expand  
               to small business customers.  In that case, it might be more  
               efficient to link to the Energy Upgrade California portal.  

                                     ASSEMBLY VOTES
           
          Assembly Floor                     (77-0)
          Assembly Appropriations Committee  (17-0)
          Assembly Utilities and Commerce Committee                       
          (12-0)

                                        POSITIONS
           
           Sponsor:
           
          Author

           Support:
           
          California Center for Sustainable Energy

           Oppose:
           
          None on file

          Kellie Smith 
          AB 2137 Analysis
          Hearing Date:  June 17, 2014


























                                      APPENDIX A
                              SOUTHERN CALIFORNIA EDISON 
                                  BUSINESS WEBPORTAL
          

          Your Business:
          My Account Benefits
                 Home and Business Area Network
          Savings & Incentives
                 Energy Efficiency Express Solutions
                 Energy Efficiency Customized Solutions
                 Demand Response
                 Summer Discount Plan
                 Building Improvement
                 Multifamily Affordable Solar Housing
                 Solar Rebate
                 Solar Thermal Rebate
          Savings By Business Type
                 Retail
                 Buildings
                 Restaurants
                 Lodging
                 Manufacturing
                 Food 
                 Processing
                 Healthcare
                 Schools
                 Agriculture
                 Warehousing
                 Government
                 Water and Wastewater
          Tools & Resources
                 Time-Of-Use
                 Business Energy Advisor
                 SCE EnergyManager
                 Benchmark Your Business
                 Interest Free Efficiency Financing
                 Landlords & Property Managers
                 Cool Planet
          Electric Vehicles
                 Customers
                 Employees
                 Tenants
                 Fleets
                 Energy Management









                 Equipment & Installation
          Electric Vehicles (cont.)
                 Tools & Resources
                 Basics
                 Rates
          Generating Your Own Power
                 Solar Power
                 Self-Generation Incentive
                 Net Energy Metering
                 Renewable Energy Self-Generation Bill Credit Transfer
          Consulting Services
                 Economic Development Services
                 Expansions & New Facilities
                 Building Operator Certification
                 Design & Engineering Services
                 Energy Education Centers
                 TRIO
                 Other Services
          Rates
                 Small Business
                 Medium Business
                 Large Business
                 Electric Vehicle Rates
                 Agriculture & Pumping
                 Street & Outdoor Lighting
          Safety On the Job
          Classes & Events
                 Solar Classes
          Energy Efficiency Financing
                 Financing Programs