On April 6th, the energy storage market received a boost in California when state regulators authorized $196 million in new rebates for customers who install onsite (behind the meter) energy storage systems.

Background

The change occurs under the California Self Generation Incentive Program (“SGIP”). SGIP provides a financial rebate to energy customers who install new

In our first post, the Stoel Rives’ Energy Team provided a summary of energy related bills introduced by California legislators during the first half of the 2017-2018 Legislative Session. Provided below is a summary of changes to bills we have been following, as well as a list of energy related bills not included in our previous entry. We will continue to monitor and update all energy related bills as the legislative session proceeds.

Amended Bills

AB 35 (Quirk, D): Residential and nonresidential buildings: energy savings program.  
STATUS: Introduced December 15, 2016;
amended March 23, 2017.

  • AB 35 was previously drafted to require agencies implementing energy efficiency programs to establish metrics and collect and use data systematically across those programs to increase the performance of those programs in low-income communities.
     
    • As amended, AB 35 now proposes changing the State Energy Resources Conservation and Development Commission’s program to achieve greater energy savings in California’s existing residential and nonresidential building stock by adopting an update to the program at least once every five years instead of every three years.

AB 655 (O’Donnell, D): California Renewables Portfolio Standard Program.    
STATUS: Introduced February 14, 2017; amended March 23, 2017.

  • The California Renewables Portfolio Standard Program requires the CPUC to establish a renewables portfolio standard requiring all retail sellers, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, so that the total kilowatt hours of these resources sold to their retail end-use customers achieves 25 percent of retail sales by December 31, 2016, 33 percent by December 31, 2020, 40 percent by December 31, 2024, 45 percent by December 31, 2027, and 50 percent by December 31, 2030. The program additionally requires each local publicly owned electric utility, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources to achieve the procurement requirements established by the program. Further, existing law provides that a facility engaged in the combustion of municipal solid waste is not an eligible renewable energy resource, except as regards to generation before January 1, 2017, from a facility located in Stanislaus County prior to September 26, 1996.
     
    • This bill would provide that a facility engaged in the transformation of municipal solid waste is an eligible renewable energy resource, and can earn renewable energy credits, if it operates, on an annual basis, at not less than 20 percent below the permitted emissions of air contaminants, or toxic air contaminants concentration limits, for the facility and the operator of the facility has reported its emissions to the applicable air pollution control district or air quality management district for a period of not less than five years, as specified.

Continue Reading Updates to Energy Related Bills in the 2017-2018 California Legislative Session

The community solar program in California is off to a slow start. The reasons for this slow start were discussed at a solar developer’s forum held by the state’s major utilities and policymakers on April 5, 2017.

Background on Community Solar in California

California’s community solar program is formally known as the Enhanced Community Renewables (“ECR”) program. The ECR program is part of the larger Green Tariff Shared Renewables (“GTSR”) program. The GTSR program was signed into law in 2013, and final program rules were adopted in May 2016. Together, these programs require the California investor-owned utilities (“IOUs”) to procure 600 megawatts (“MW”) of new renewable energy.

Under the ECR component of the program, customers can enter into agreements directly with third party project developers to purchase new clean energy generated by a project located in their community. ECR projects are limited to sizes between 500 kW and 20 MW.

As we recently reported, the IOUs held their first request for offer (“RFO”) last fall, which sought to award power purchase agreements (“PPAs”) for 170 MW of new renewable energy from ECR projects. However, very few bids were submitted in the solicitation, and ultimately no PPAs were awarded. The developer forum was intended to discuss some of the reasons for this lackluster performance.
Continue Reading California Community Solar Forum Points to Need for Reforms

Today the California Public Utilities Commission (CPUC) and California Energy Commission (CEC) announced that they will hold a joint forum on May 19, 2017 to discuss the future of retail electricity in California.

According to the announcement, by around 2025, over 80% of all electricity customers of the state’s three main investor-owned utilities (IOUs)

Two new bills, similar in concept but differing in approach, seek to align renewable energy output with peak electricity demand. Currently, the California Renewable Portfolio Standard (RPS) requires investor-owned utilities to procure 50% of total retail sales of electricity from renewable energy resources by 2030. If enacted, the bills would expand the RPS from a clean energy procurement mechanism to include, for the first time, the procurement of non-fossil fuel based capacity resources.
Continue Reading California Lawmakers Introduce Clean Peak Standard Legislation

If you’re looking for a new cleantech startup idea, the San Diego Regional Energy Innovation Network (SD-REIN) recently released a report that identifies cleantech market opportunities in the Southern California region.

The report, entitled “Regional Energy Technology Priorities and Needs,” was presented at an SD-REIN meeting on March 9, 2017. It will be

February 17, 2017 marked the deadline by which legislators had to introduce bills for the first half of the 2017-2018 Legislative Session. The Stoel Rives’ Energy Team has been and will continue to monitor bills throughout the two-year session and will provide periodic updates as to the status of those bills. Most noteworthy here is SB 584 which would require 100% of all electricity sold in California at retail to be generated by eligible renewable energy resources by December 31, 2045. A summary of SB 584 is provided below, in addition to the status and summary of other energy related bills Stoel Rives is monitoring, starting with a set of bills related to energy storage.

Please also reference our Oil & Gas post summarizing bills related to oil and gas law here.

SB 584 (De León). California Renewables Portfolio Standard Program.

Under existing law, the California Public Utilities Commission (“CPUC”) has regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities, as defined, are under the direction of their governing boards. The California Renewables Portfolio Standard Program requires the CPUC to establish a renewables portfolio standard requiring all retail sellers, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, so that the total kilowatt-hours of those products sold to their retail end-use customers achieves 25% of retail sales by December 31, 2016, 33% by December 31, 2020, 40% by December 31, 2024, 45% by December 31, 2027, and 50% by December 31, 2030. The program additionally requires each local publicly owned electric utility, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources to achieve the procurement requirements established by the program. The Legislature has separately declared that its intent in implementing the program is to attain, among other targets for sale of eligible renewable resources, the target of 50% of total retail sales of electricity by December 31, 2030. This bill would revise those legislative findings and declarations to state that the goal of the program is to achieve that 50% target by December 31, 2025, and for all electricity sold at retail to be generated by eligible renewable energy resources by December 31, 2045.

Bills Related to Energy Storage

AB 914 (Mullin, D): Transmission planning: energy storage and demand response.
STATUS: Introduced February 16, 2017; awaiting referral.

Existing law vests the CPUC with jurisdiction over the delivery of electrical services, provides for the establishment of an Independent System Operator (“ISO”) as a nonprofit public benefit corporation and requires the ISO to make certain filings with the Federal Energy Regulatory Commission (“FERC”) and to seek authority from FERC to give ISO the ability to secure generating and transmission resources necessary to guarantee achievement of planning and operating reserve criteria no less stringent than those established by the Western Electricity Coordinating Council and the North American Electric Reliability Council. If passed, this bill would require the CPUC, in its participation in the ISO’s transmission planning process, to promote the consideration of the use of energy storage systems and demand response as means to address the state’s transmission needs before the use of transmission wires.

AB 1030 (Ting, D): Energy storage systems.
STATUS: Introduced February 16, 2017; awaiting referral.

Existing law requires the CPUC to open a proceeding to determine appropriate targets, if any, for each load-serving entity to procure viable and cost-effective energy storage systems to be achieved by December 31, 2015, and December 31, 2020. If determined to be appropriate, the CPUC is required to adopt the procurement targets and to reevaluate all of these determinations not less than once every three years. AB 1030 would require the CPUC to establish a program to incentivize residential and commercial customers to adopt energy storage systems.

SB 356 (Skinner, D): Energy storage systems.
STATUS: Introduced February 14, 2017; awaiting referral..

Under current law, the CPUC has regulatory authority over public utilities, including electrical corporations. Current law requires the commission to open a proceeding to determine appropriate targets, if any, for each load-serving entity, as defined, to procure viable and cost-effective energy storage systems to be achieved by December 31, 2015, and December 31, 2020. This bill would make a non-substantive change in legislative findings and declarations adopted with the above-described energy storage system requirements.

Continue Reading California Energy Related Bills Introduced in the 2017-2018 Legislative Session

Around the country clean energy resources, energy efficiency and demand response are quickly being adopted alongside more traditional resources. Southern California Edison (“SCE”) recently contracted for an assortment of clean energy resources that will be used in a groundbreaking attempt to see whether those resources can supply electricity to a densely populated area – Orange

Yesterday, Governor Jerry Brown signed Senate Bill (SB) 32 into law, extending and expanding California’s 10-year old greenhouse gas (GHG) emissions reductions mandate under Assembly Bill (AB) 32.  SB 32 provides for a 40% reduction in GHG emissions from 1990 levels by 2030.  This builds on AB 32’s existing mandate to reduce statewide emissions to 1990 levels by 2020.  In negotiations to pass SB 32 in the final weeks of the state legislative session, the bill was trimmed to add only one sentence to existing statute, to insert the 2030 target.  Left unaddressed was one question of the moment, can the cap and trade program authorized by AB 32 legally continue past 2020?  The California Air Resources Board (ARB) has its own answer to the question, the subject of this earlier post.  The courts will no doubt end up as the final arbiter.  Whether post-2020 GHG emissions reductions are met through a cap and trade program or other screws and hammers in ARB’s toolbox, the 2030 target is now written into law, rather than just Executive Order B-30-15.

The vital component of the compromise to pass SB 32 was companion bill AB 197.  AB 197 establishes legislative oversight of ARB’s actions to implement AB 32 and SB 32, by creating a Joint Legislative Committee on Climate Change Policies and adding two ex officio nonvoting members to the Board.  AB 197 also puts a new twist on ARB’s broad authority to adopt rules and regulations to achieve emissions reductions.  AB 32 requires ARB to achieve maximum technologically feasible and cost-effective emissions reductions from sources or categories of sources.  AB 197 further requires ARB to prioritize direct emissions reductions, including from large stationary sources and mobile sources, when adopting rules and regulations to achieve reductions.

In addition to headliner SB 32, the Legislature passed one additional bill with direct emissions reduction mandates, SB 1383.Continue Reading California Continues Ambitious Regulation of Greenhouse Gas Emissions

Supporters aiming to transform California’s electric utility system are taking another shot at getting the issue on the ballot in 2016. The ballot measure would establish the publicly owned California Electric Utility District and would eliminate the state’s investor owned utilities (“IOUs”) like Pacific Gas and Electric, Southern California Edison, and San Diego Gas &