Staff Supplemental Report Item 17
TO: East Bay Community Energy Board of Directors
FROM: Alec Ward
SUBJECT: Supplement re Approval of Legislative Positions (Action Item) DATE: May 17, 2023
__________________________________________________________________ Recommendation
Take no position on Assembly Bill 538 (Becker)
Background and Discussion
AB 538 (Holden) is another “regionalization bill.” Similar bills have been introduced in prior sessions, such as AB 726 and AB 813 in the 2017–2018 legislative session. None of these bills became law.
Assemblymember Holden put his bill on hold on May 17, 2023. It will not be taken up by the legislature again this year.
Fiscal Impact
Unclear.
Staff Report Item 17
Staff Report Item 17
TO: East Bay Community Energy Board of Directors
FROM: Alec Ward, Principal Legislative Manager
SUBJECT: Approval of Legislative Positions (Action Item) DATE: May 17, 2023
__________________________________________________________________ Recommendation
• Receive an update on EBCE’s Legislative Program document. • Take a “support” position on Assembly Bill (“AB”) 50 (Wood), AB 557 (Hart), AB 643 (Berman), and Senate Bill (“SB”) 83 (Weiner), SB 410 (Becker), SB 527 (Min), SB 529 (Gonzalez).
• Take an “oppose unless amended” position on AB 1373 (Garcia).
Background and Discussion
EBCE’s Legislative Program Document
In July 2018, the EBCE Board approved a Legislative Program document. It outlined general legislative principles alongside more specific public policy positions. It also gave guidance for legislative policy coordination. The Legislative Program document was last updated in 2022. It has again been updated with clarifications and edits to names/addresses. Principles and positions remain unchanged.
EBCE’s updated Legislative Program document is provided for reference as an attachment to this item.
Recommended EBCE Bill Positions:
Staff Report Item 17
• Remote meetings - SUPPORT: AB 557 (Hart) would permit local agencies, like EBCE’s board, to indefinitely continue the teleconference flexibilities given during the COVID state of emergency. The remote meeting rules, which expired at the beginning of this year, would remain the same as during the COVID state of emergency, except that local agencies now only must renew their remote meeting resolution every 45 days instead of every 30. This bill would make participation in EBCE board meetings easier for board members and the public as health concerns continue and our geography expands. • Interconnection “shot clock” - SUPPORT: AB 50 (Wood) aims to expedite investor-owned utility (IOU) interconnection of new and upgraded customer electrical loads. It requires the California Public Utilities Commission (CPUC) to establish criteria for timely interconnections and to consider IOU penalties for significant delays. The IOUs must also increase the following: reporting to CPUC, updates to their distribution planning processes, and stakeholder engagement. This bill can decrease interconnection delays as customers in EBCE’s territory seek interconnections for new housing, commercial projects, electric vehicle (EV) charging, and more, supporting local development and accelerating decarbonization.
• Interconnection “shot clock” - SUPPORT: AB 643 (Berman) aims to expedite IOU interconnection of distributed energy resources (DERs). It requires the CPUC to establish a new proceeding to consider enforcement of DER interconnection timelines, reduce administrative burden, and provide transparency to customers. This bill can decrease interconnection delays as customers in EBCE’s territory seek interconnections for new DERs including rooftop solar and storage, supporting local development and accelerating decarbonization. • Interconnection “shot clock” - SUPPORT: SB 83 (Weiner) aims to expedite IOU interconnection of new “development projects” such as housing and industrial facilities. It requires the CPUC to establish maximum time periods for the interconnection, and to enforce penalties on IOUs for missed deadlines. The IOUs must also report annually to the CPUC on development project interconnection status. This bill can decrease interconnection delays for new construction in EBCE’s service territory, such as new housing, new commercial and municipal buildings, and building upgrades thereby supporting local development and accelerating decarbonization.
• Interconnection “shot clock” - SUPPORT: SB 410 (Becker) aims to expedite IOU interconnection of new housing, building upgrades, EV chargers, and other load increases. It requires the CPUC to establish maximum time periods for the interconnections and for IOUs to take remedial actions if deadlines are missed.
The IOUs must also increase reporting to the CPUC and analyze their own staffing levels, making sure they are aligned with state decarbonization goals.
Interconnection efforts like this bill can decrease delays as customers in EBCE’s Staff Report Item 17
territory seek interconnections for new housing, building decarb, EV charging, and more, supporting local development and accelerating decarbonization. • Electrification/gas phase-out program - SUPPORT: SB 527 (Min) establishes a community-scale approach to decarbonization by forming the Neighborhood Decarbonization program. In this pilot, the CPUC will identify 15 cost-effective projects throughout the state with outdated infrastructure and transition these communities to all-electric service. Furthermore, this bill authorizes a process for gas corporations to cease service if the CPUC determines that an area is better suited for electrification. This bill uses a comprehensive community-by-community approach rather than building-by-building. The bill also allocates funding for low- and moderate-income households to further advance a just, electric transition. EBCE is in a unique position to conduct zonal electrification, and this program can support our local development and building decarbonization efforts.
• EV car sharing grants - SUPPORT: SB 529 (Gonzalez) creates a grant program aimed to deploy EV car-sharing programs across the state in 100 public and low-income housing properties. The purpose of this bill is to expand EV access, especially for low-income residents, across the state to meet its ambitious goals for EV deployment. This could supplement EBCE’s current work supporting EV infrastructure in low-income and disadvantaged communities, who have been historically left out in public investment. This would help achieve local development and decarbonization goals.
• Budget Change Proposal (BCP) - OPPOSE UNLESS AMENDED: AB 1373 (Garcia) AB 1373 contains several problematic changes to energy laws. The BCP would create a new Central Procurement Entity (CPE) to procure long-lead time resources like offshore wind and geothermal. The scope what this CPE could procure is too broad, and the CPE may compete with load serving entities (LSEs) like EBCE that are pursuing the same resources. EBCE staff recommends seeking amendments to focus the CPE only on projects that may not be available to LSEs due to infrastructure constraints.
AB 1373 also proposes new penalties on LSEs who are short on resource adequacy (RA) requirements, even though the RA program already has penalties. EBCE staff recommends seeking amendments to include a penalty waiver for LSEs that are unable to comply despite their best efforts, as there is an unavoidable market-wide RA shortage.
Lastly, AB 1373 would expand CPUC jurisdiction over local authorities like EBCE. It would expand the CPUC’s jurisdiction to oversee CCAs’ Integrated Resources Plans (IRPs), similar to the CPUC’s current IOU oversight. EBCE currently has the autonomy to choose the mix of resources it procures to CPUC procurement requirements. CCAs have demonstrated their abilities to meet Staff Report Item 17
these requirements without the need for further CPUC oversight. Expanding CPUC jurisdiction over CCA procurement does nothing to accelerate achievement of the state’s clean energy goals; it serves only to override local CCA authority and CCAs’ ability to balance development considerations.
If amended as suggested, this bill could create a CPE that enables development of needed resources that the broader market does not reach. It could do this without unfairly penalizing LSEs making best efforts to procure RA, and without threatening EBCE’s local authority. With these amendments, this bill would supporting local development, accelerate decarbonization, and stabilize community choice.
Fiscal Impact
AB 50 may result in lower cost for EBCE projects as delays are avoided.
AB 557 is unlikely to have a fiscal impact on EBCE.
AB 643 may result in lower cost for EBCE projects as delays are avoided.
SB 83 may result in lower cost for EBCE projects as delays are avoided.
SB 410 may result in lower cost for EBCE projects as delays are avoided.
SB 527 may supplement funding for our building decarbonization work.
SB 529 may supplement funding for our EV equity work.
AB 1373 may increase costs for EBCE customers as energy costs increase. If amended, it could decrease energy costs.
Attachments:
A. May 17, 2023 Legislative Update
B. EBCE Legislative Program
C. Author Fact Sheets
Legislative
Update
MAY 17. 2023
Attachment Staff Report Item 17A
Legislative Highlights
• Update from Weideman Group on the 2023 Legislative Year • New Recommended Bill Positions: AB 50, AB 557, AB 643, AB 1373, SB 83, SB 410, SB 527, and SB 529
Attachment Staff Report Item 17A
Key Deadlines for the 2023 Legislative Year
• 1/4: Legislature reconvened
• 1/10: Governor submitted budget
• 2/17: Bill introduction deadline
• 4/28: Policy cmtes to move fiscal bills to fiscal cmtes (1st house) • 5/5: Policy cmtes to move nonfiscal bills to floor (1st house) • 5/19: Fiscal cmtes must move bills to floor (1st house) • 6/2: Last day for bills to be passed out of 1st house • 6/15: Budget bill must be passed
• 7/14: Policy cmtes to meet and report bills (2nd house) • 9/1: Fiscal cmtes to move bills to floor (2nd house)
• 9/14: Last day for each house to pass bills
• 10/14: Last day for Governor to sign/veto bills
Attachment Staff Report Item 17A
Legislature – State of Play
• Democratic super majorities
• 32 new members in the Senate and Assembly
• Energy policy already playing out to be an outsized policy theme in Senate, Assembly
• Budget deficit driving agenda
• Assembly Speaker change – July 1
• Highest number of bills introduced in over a decade
• Strained infrastructure, record snowpack in the Sierras Attachment Staff Report Item 17A
2023 Legislative Themes
• Clean Energy – near-term, long-term, central procurement, regionalization
• Interconnection
• Green hydrogen
• Carbon capture and sequestration
• Affordable housing and homelessness
• Budget management: multibillion-dollar budget deficit forecasted, the Governor’s budget proposes reducing spending by $5.8 billion across five years from climate, resources, and environmental programs
Attachment Staff Report Item 17A
Recommended Bill Positions
Bill # Author Description Sponsor(s)
Recommended
EBCE Position
BUDGET TRAILER
AB 1373 Garcia
Establishes a Central Procurement Entity for long-lead time resources, penalizes LSEs for missing RA targets, and expands CPUC control over CCA resource mix
OPPOSE UNLESS
AMENDED
INTERCONNECTION
AB 50 Wood Requires CPUC to create an IOU shot-clock on interconnection for new and upgraded load, as well as increased reporting and transparency SUPPORT AB 643 Berman
Requires CPUC to create an IOU shot-clock on interconnection for distributed energy resources, consider penalties, reduce administrative burden, and increase reporting and transparency California Solar and
Storage Association
(CalSSA)
SUPPORT
SB 83 Weiner Requires CPUC to create an IOU shot-clock on new development, issue penalties for missed deadlines, and increase reporting SUPPORT SB 410 Becker
Requires CPUC to create an IOU shot-clock on interconnection for new and upgraded load, consider remedial actions for misses, increase reporting, and ensure adequate staffing
International
Brotherhood of
Electrical Workers
SUPPORT
Attachment Staff Report Item 17A
Recommended Bill Positions
Bill # Author Description Sponsor(s)
Recommended
EBCE Position
BROWN ACT
AB 557 Hart
Permits local agencies, like EBCE’s board, to indefinitely continue the teleconference flexibilities given during the COVID state of emergency CA Special Districts
Assoc., League of CA
Cities, CA State
Assoc. of Counties
SUPPORT
ELECTRIC VEHICLES
SB 529 Gonzalez Requires CEC to create a grant program to facilitate EV sharing services at affordable, multifamily housing properties
Los Angeles
Cleantech Incubator SUPPORT
BUILDING DECARBONIZATION
SB 527 Min
Establishes an Neighborhood Zonal Decarbonization Program for 15 communities and authorizes gas corporations to cease service if the CPUC determines an area is better suited for electrification Building
Decarbonization
Coalition
SUPPORT
Attachment Staff Report Item 17A
Next Steps
• Review and analyze new amendments
• Monitor bills on our watch list; determine when EBCE should formally take a position
• Send position letters for bills once EBCE formally takes a position • Monitor Governor’s Budget request
• Engage with CalCCA on legislative efforts
Attachment Staff Report Item 17A
LEGISLATIVE PROGRAM – July 2018
E: [email protected]
ebce.org
Legislative
Program
State and Federal Policy Priorities
Attachment Staff Report Item 17B
2 LEGISLATIVE PROGRAM – updated May 2023
Contents
I. Introduction................................................................................................... 3 II. EBCE Board of Directors................................................................................. 4 III. Contact Information....................................................................................... 5 Mailing Address......................................................................................................................................... 5 Program Staff............................................................................................................................................ 5 IV. Legislative Advocates..................................................................................... 6 State Legislative Advocate ........................................................................................................................ 6 Federal Legislative Advocate .................................................................................................................... 6 V. General Legislative Principles......................................................................... 7 Accelerating Decarbonization................................................................................................................... 7 Promoting Local Development ................................................................................................................. 7 Stabilizing Community Choice................................................................................................................... 7 VI. EBCE Public Policy Positions........................................................................... 8
1.1 Nonbypassable Charges...................................................................................................................... 8
1.2 Disadvantaged Communities.............................................................................................................. 8
1.3 Environmental Sustainability .............................................................................................................. 8
1.4 Finance................................................................................................................................................ 9
1.5 Educational, Neighborhood and Social Services................................................................................. 9 VII. Legislative Program Coordination ................................................................10 Attachment Staff Report Item 17B
3 LEGISLATIVE PROGRAM – updated May 2023
Introduction
The East Bay Community Energy Legislative Program outlines the legislative priorities and stances of East Bay Community Energy (“EBCE”) with the intent to inform customers, representatives, and policymakers of EBCE’s stances on the myriad of public policies that intersect with EBCE’s priorities, programs, and services. These priorities are applicable to legislation, statewide referenda, grant funding opportunities, and local ballot initiatives.
EBCE has three major legislative priorities: Accelerating Decarbonization, Promoting Local Development, and Stabilizing Community Choice. EBCE support of legislation will be contingent upon that legislation adhering to these priorities as well as EBCE’s priorities.
Moreover, EBCE supports any and all policies that will preserve or enhance the ability of EBCE to promote these priorities at the local level.
This document provides direction to EBCE’s legislative advocates in Sacramento and Washington, DC. Additionally, this document serves as the foundation for any EBCE Board action regarding Federal or State legislation or funding opportunity. Staff may draft letters, direct our legislative advocates, or speak on behalf of EBCE regarding the legislative priorities this document outlines.
Any correspondence signifying EBCE’s support or opposition of a given bill must be approved by the EBCE Board of Directors, the Board’s Executive Committee, or the CEO in accordance with the delegation of authority provided by the Board to the CEO on time-sensitive matters.
Any questions regarding this Legislative Program can be directed to Alec Ward, Principal Legislative Manager, at 510-250-3094 or [email protected].
Sincerely,
Nick Chaset
Chief Executive Officer, EBCE
Attachment Staff Report Item 17B
4 LEGISLATIVE PROGRAM – updated May 2023
EBCE Board of Directors
Alameda County
Supervisor Elisa Márquez (Chair)
Albany
Mayor Aaron Tiedemann
Berkeley
Vice Mayor Ben Bartlett
Dublin
Councilmember Sherry Hu
Emeryville
Mayor John Bauters
Fremont
Councilmember Teresa Cox
Hayward
Councilmember Julie Roche
Livermore
Councilmember Ben Barrientos
Newark
Councilmember Matthew Jorgens
Oakland
Council Member Dan Kalb
Piedmont
Vice Mayor Betsy Andersen
Pleasanton
Vice Mayor Jack Balch (Vice Chair)
San Leandro
Mayor Juan Gonzalez
Stockton
Councilmember Dan Wright
Tracy
Councilmember Matt Bedolla
Union City
Councilmember Jaime Patiño
Community Advisory Committee (non-voting)
Anne Olivia Eldred, Chair
Attachment Staff Report Item 17B
5 LEGISLATIVE PROGRAM – updated May 2023
Contact Information
Mailing Address
1999 Harrison Street, Suite 800
Oakland, CA 94612
Program Staff
Chief Executive Officer
Nick Chaset
510-809-7440
[email protected]
Principal Legislative Manager
Alec Ward
510-250-3094
[email protected]
Attachment Staff Report Item 17B
6 LEGISLATIVE PROGRAM – updated May 2023
Legislative Advocates
State Legislative Advocate
Weideman Group
Mark Weideman
1215 K Street, Suite 2290
Sacramento, CA 95814
(916) 600-2288
[email protected]
Federal Legislative Advocate
Townsend Public Affairs
Joseph Melo
600 Pennsylvania Avenue SE, Suite 207
Washington, DC 20003
(202) 546-8696
[email protected]
Attachment Staff Report Item 17B
7 LEGISLATIVE PROGRAM – updated May 2023
General Legislative Principles
EBCE has three general legislative principles. These priorities serve as the foundation for all actions EBCE will take, including the lobbying for policies that promote those same guiding priorities.
Public policy encompasses a myriad of subject and topic areas. However, as these policies intersect at the local level, they have the ability to impact EBCE revenues, programs, and/or administrative discretion and control. EBCE will support policies that accelerate decarbonatization, promote local development, stabilize community choice, or any combination thereof. If a given policy does not meet these criteria, EBCE will oppose, support with amendments, or in some cases take no stance on that policy or legislation.
The General Legislative Principles for EBCE are:
Accelerating Decarbonization
• Support the creation or expansion of federal, state, and local policies and programs that enable EBCE to contribute to the State’s efforts to reduce greenhouse gas emissions. • Oppose any legislation, policies, programs, referenda, unfunded mandates and budgets that would have an adverse impact on EBCE’s ability to advance decarbonization through its procurement, programs, projects, and services.
Promoting Local Development
• Support any legislation, policy, referenda, and budgets that enhance community choice energy providers’ ability to invest in local clean energy, distributed energy resources, and zero-emission transportation, and promote equity in the communities that it serves. • Oppose any legislation, policy, referenda, and budgets that limit or undermine EBCE’s ability to invest in local clean energy, distributed energy resources, and zero-emission transportation, and promote equity in the communities that it serves.
Stabilizing Community Choice
• Support any legislation, policies, referenda, and budgets that maintain or improve the stability of community choice energy providers by ensuring regulatory structure is equitable and enables EBCE to meet its mission and goals. • Oppose any legislation, policies, referenda, and budgets that undermine or circumvent community choice energy and impede the ability of the agency to achieve its mission and goals or its value proposition.
Attachment Staff Report Item 17B
8 LEGISLATIVE PROGRAM – updated May 2023
EBCE Public Policy Positions
The General Legislative Priorities help identify which public policy positions EBCE will take.
The list of policy positions below is by no means exhaustive. In addition to the general legislative priorities, EBCE takes the following more specific public policy positions:
1.1 Nonbypassable Charges
A. Oppose legislation that restricts or limits EBCE’s ability to procure its own energy products to meet state policy goals.
B. Oppose legislation that increases or is likely to lead to an increase in nonbypassable charges.
C. Support legislation that promotes a level playing field between community choice aggregators and other market participants.
D. Support legislation that enhances the flexibility of community choice energy providers to support statewide procurement policy and develop and expand programs, local options, and rate design to support EBCE’s community and customers.
1.2 Disadvantaged Communities
A. Support legislation and initiatives that boost funding for new energy projects that support disadvantaged communities and low-income customers within EBCE’s service territory.
B. Support legislation and initiatives that increase access and funding for energy-related programs serving disadvantaged communities.
C. Support legislation and initiatives that would reduce local air pollution, reduce other negative local impacts associated with energy production, and boost adoption of distributed energy resources within disadvantaged communities.
D. Oppose legislation and initiatives that have the potential to disproportionately and negatively impact EBCE’s disadvantaged communities and/or low-income customers.
1.3 Environmental Sustainability
A. Support legislation and initiatives that increase funding for the creation of sustainable and stable energy supply infrastructure.
B. Support legislation and initiatives that encourage the conservation of energy resources as well as the development of dynamic load-shifting capabilities.
C. Support legislation and funding for renewable and advanced energy technology that increase efficient consumption.
D. Support legislation and funding for pilot energy and resource efficiency programs.
E. Support legislation and initiatives with the goal of reducing and mitigating the effects of climate change and building local resiliency.
Attachment Staff Report Item 17B
9 LEGISLATIVE PROGRAM – updated May 2023
1.4 Finance
A. Support legislation that enhances the financial standing of community choice aggregators and their ability to receive a positive credit rating.
B. Oppose legislation that reduces or removes the tax-exempt status of municipal bonds.
C. Oppose any legislation that would divert community choice energy revenues to the State or other governmental entities.
1.5 Educational, Neighborhood and Social Services
A. Support legislation that aids or helps to fund EBCE to provide energy support services, education, and opportunities for reducing energy costs to people who are low-income, seniors, veterans, and/or people with disabilities.
B. Support legislation and initiatives that increase funding for energy efficiency, demand response, solar plus storage, and transportation electrification programs, and energy literacy services.
Attachment Staff Report Item 17B
10 LEGISLATIVE PROGRAM – updated May 2023
Legislative Program Coordination
Legislation can be brought to the attention of EBCE through a variety of channels:
• State Legislative Advocates
• Elected Representatives
• CalCCA
• EBCE Board Members
• EBCE Staff
• EBCE Community Advisory Committee
• EBCE Customers and Community Members
• Other Governmental Associations
All legislative requests for support or opposition will be directed toward EBCE’s Public Policy department. EBCE staff will then review the legislation in coordination with any relevant departments to analyze whether or not the legislation aligns with EBCE’s general legislative priorities. Staff will then monitor and track the legislation, providing updates when necessary.
Concurrent with this evaluation, EBCE’s Public Policy department will recommend a position and course of action. There are six main levels of action, which may be taken independently or in combination, but all of which are coordinated by the Principal Policy Manager of Public Policy or their designee:
1. Direction to lobbyists to advocate in support, support with changes, oppose unless amended, or opposition to legislation
• Pursuant to direction from the EBCE Board of Directors, the Board’s Executive Committee, or the CEO in accordance with the delegation of authority provided by the Board to the CEO on time-sensitive matters, EBCE staff will notify lobbyists of EBCE’s stance on legislation and direct them to take appropriate action with legislators. EBCE may remain neutral on a given piece of legislation.
2. EBCE correspondence with relevant legislators
• In conjunction with providing direction to lobbyists once EBCE has determined its stance on legislation, EBCE staff will send a support or opposition letter to the appropriate legislators.
3. EBCE Board-approved resolution
• EBCE staff will draft a staff report and resolution for consideration by the full EBCE Board of Directors. Approved resolutions will be forwarded along with a letter signed by the Chief Executive Officer or his/her designee to the appropriate legislators.
4. EBCE Board outreach
• EBCE staff will draft talking points and other relevant information for individual Board Members to personally contact appropriate legislators to advocate on behalf of EBCE.
5. Travel to Sacramento or Washington, D.C
• EBCE staff and/or Board Members may decide to advocate in person. Staff will coordinate with the appropriate lobbyists to organize meetings or attendance at other lobbying events.
6. Draft or Sponsor Specific Legislation
• EBCE staff and legislative advocates will work with EBCE’s legislative representatives to articulate EBCE’s stance on a policy and to ensure said stance is codified in statute.
Attachment Staff Report Item 17B
AB 50 (Wood)
Fact Sheet · 04/27/23
THE PROBLEM
Severe electric interconnectivity delays have become
the everyday reality of utility customers in California.
Californians seeking electricity for new developments,
or for upgrades to existing connections, are seeing
significant spikes in their wait-times for
interconnectivity. If left unaddressed, this poses a
major threat to the state’s housing, business, and
climate change goals.
EXISTING LAW
The California Public Utilities Commission (CPUC)
has a statutory duty to regulate public utilities. Among other responsibilities, the CPUC is tasked with
ensuring public utilities perform their obligation to
serve all of their customers. California law requires
public utilities – including electric corporations – to provide adequate, efficient, just, and reasonable
service.
State law, in describing what service is required by
electric corporations, is silent on the subject of
timeliness.
BACKGROUND
Currently, electric utilities provide “will serve” letters to applicants seeking power, committing to eventually
deliver service. Customers will then pay a significant
fee, oftentimes up to tens or even hundreds of
thousands of dollars, only to later find out that power may not be delivered for several years. A severe
example of this is Humboldt County, where more than
35 customers were told last fall that they will not
receive power for more than a decade. And this issue is not just impacting rural communities. The City of San
Francisco has reported 136 interconnection delays
since October 2018, including 519 units of affordable
housing, a library, an elementary school, academic
buildings, a fire boat, traffic signals, safety street
lighting, and even water pump stations.
Residential, commercial, industrial, and agricultural
developers across the state are finding out that will
serve really means will serve, eventually. This new
reality poses an alarming threat to business
development and threaten our state’s ability to reach its housing and climate change goals.
BILL SUMMARY
AB 50 aims to improve interconnectivity timelines for
new and existing electric customers by doing the
following:
Clarifies a large electric corporation’s legal
obligation to serve customers in a timely
fashion and asks the CPUC to determine what
timely service means.
Until the CPUC determines what timely
service means, AB 50 sets a deadline of 90
days of delivering power to new connections
and 30 days to upgrade existing connections.
Promotes more efficient distribution planning
by requiring large electric corporations to
evaluate and update as necessary their
distribution processes and meet regularly with
county government staff to discuss the status
of electrical capacity.
Requires large electric corporations to report
on capacity constraints to state government.
STATUS
Assembly Appropriations Committee
SUPPORT
CalCCA
City of Belmont
City of Santa Rosa
County of Humboldt
County of Sonoma
East Bay YIMBY
Grow the Richmond
How to ADU
Mountain View YIMBY
Napa-Solano for Everyone
Non-Profit Housing Association of Northern
California
Northern Neighbors
Assembly Bill 50 – Interconnectivity Times
Assemblymember Jim Wood
Attachment Staff Report Item 17C
AB 50 (Wood)
Fact Sheet · 04/27/23
Peninsula for Everyone
People for Housing – Orange County
Progress Noe Valley
Redwood Coast Energy Association
Rural Counties Representatives of California (RCRC)
San Diego Community Power
San Francisco YIMBY
San Luis Obisbo YIMBY
Santa Cruz YIMBY
Santa Rosa Metro Chamber of Commerce
Santa Rosa YIMBY
Sonoma Clean Power
South Bay YIMBY
Southside Forward
The Climate Center
The Utility Reform Network (TURN)
Urban Environmentalists
Valley Clean Energy Alliance
Ventura County YIMBY
YIMBY Action
FOR MORE INFORMATION
Annabelle Hopkins, Legislative Director
Office of Assemblymember Jim Wood
916-319-2002 | [email protected]
Attachment Staff Report Item 17C
AB 557 Fact Sheet
Contact: [email protected]| (916) 319-2037
SUMMARY
AB 557 eliminates the January 1, 2024 sunset on the
provisions of the Brown Act that provide additional
flexibility for local agencies looking to meet
remotely during an emergency, while still
maintaining public access and transparency.
This legislation will provide a narrow but important
emergency authority, allowing local governing
bodies to safely meet and take action during
applicable states of emergency declared by the
Governor.
BACKGROUND
AB 361 (Rivas, 2021) codified numerous provisions
of Governor Newsom’s Executive Orders pertaining
to the Brown Act in 2020. This law sunsets on
January 1, 2024. The provisions only apply in the
event that an emergency situation or public health
orders prevent a local agency board from meeting
in-person.
Local agencies needing to meet remotely pursuant
to those provisions are only permitted to do so in
concert with an emergency declared by the
Governor of California.
PROBLEM
While the worst of the COVID-19 pandemic appears
to have subsided, the need to be prepared for future
emergencies remains. Recent events in California,
including disastrous flooding and devastating
wildfires, underscore this point.
The flexibility to meet remotely will remain a critical tool for use in other emergencies declared by the
Governor even after the COVID-19 state of
emergency.
In cases where a state of emergency persists,
existing law required local agencies to renew their
emergency remote meeting resolution within 30-
days. However, many agencies regularly meet once-per-month (e.g. every third-Tuesday), which is sometimes a span of just over 30 days. This forced
agencies to unnecessarily move meetings to days
and times less accustomed to the public or to
expend unnecessary time and expense to conduct
an additional meeting
SOLUTION
By removing the sunset, AB 557 preserves the
critical flexibility for local agencies needing to meet remotely. By adjusting the renewal period for
resolutions to 45 days, the measure will provide
accommodation for those agencies regularly
meeting on a fixed date every month.
AB 557 will help provide the public with essential
services during a Governor-declared emergency.
SUPPORT
CA Special Districts Association (Co-Sponsor)
League of California Cities (Co-Sponsor)
CA State Association of Counties (Co-Sponsor)
ASSEMBLY BILL 557
EMERGENCY BROWN ACT MEETING PROCEDURES
Attachment Staff Report Item 17C
Office of Assemblymember Marc Berman AB 643 Fact Sheet Page 1 AB 643 (Berman)
Enforcing Solar Interconnection Timelines
SUMMARY
AB 643 directs the California Public Utilities
Commission (CPUC) to consider mechanisms
to address solar interconnection delays
including enforcing interconnection timelines
for investor-owned utilities, reducing
administrative burden, and providing
transparency and certainty to customers.
In doing so, the bill directs the CPUC to
consider process improvements to address
some of the most common areas of solar
interconnection delays.
BACKGROUND
According to a 2021 joint agency report
published by the California Energy
Commission (CEC), CPUC, and California Air
Resources Board (CARB), California will need
to roughly triple its current electricity power
capacity in order to meet our goal of becoming
“carbon neutral” by 2045. The report found that
California will need to sustain its expansion of
clean electricity generation capacity at a
record-breaking rate for the next 25 years. On
average, the state will need to build 6 GW of
new solar, wind, and battery storage resources
annually.
Solar interconnection delays are not only a
financial burden for businesses and individuals
seeking to connect their systems to the grid
and a barrier to solar adoption, but they also
delay the state’s critically important progress
towards cutting carbon emissions from
generating electricity. A clean electricity grid is
necessary to achieve economy wide carbon
neutrality.
Every customer that installs solar and storage
must submit an interconnection application to
the utility. The utility reviews the applications
to ensure that the surrounding grid equipment
is adequate to handle the new installations.
For the three big investor-owned utilities, the
interconnection rules are contained in Rule 21,
which is nearly identical for each of the three.
Rule 21 provides customers wishing to install
generating or storage facilities on their
premises with access to the electric grid while
protecting the safety and reliability of the
distribution and transmission systems at the
local and system levels. Rule 21 contains
specific timelines for various steps in the
process. For example, utilities must inform
customers within ten days if a submitted
application is complete and ready for review.
Utilities then have 15 days to do the
preliminary engineering review. Following
more detailed study, if upgrades are required
and agreed to, they must be designed within
three months and installed within an additional
three months. Extensions can be made for
extraordinary circumstances.
When utilities fall behind on the timelines, it is
mostly due to their failure to prioritize staffing
and timeliness. Unfortunately, this happens far
too often as there are no consequences for
failure to meet those timelines. As a result,
utilities routinely exceed the maximum amount
of time allowed for interconnection review.
THIS BILL
This bill would direct the CPUC, in a new
proceeding or in a new phase of an existing
proceeding related to Electric Rule 21, to
consider adopting mechanisms to enforce
timelines for solar interconnections for
investor-owned utilities, reduce administrative
burden, and provide transparency and
certainty to customers.
During the proceeding, the CPUC shall create
process improvements to Electric Rule 21 to
address the following types of delays:
Attachment Staff Report Item 17C
Office of Assemblymember Marc Berman AB 643 Fact Sheet Page 2 Delays between submittal of an application
for interconnection of a solar project and
the electrical corporation’s determination
that the application is valid and complete.
Delays between a local government’s
inspection approval of a solar project and
the electrical corporation’s issuance of
permission to operate the generator.
Delays in the electrical corporation
scheduling an inspection of a solar project.
SUPPORT
California Solar and Storage Association
(sponsor)
Bioenergy Association of California
Camptionville Community Partnership
Electrochaea Corporation
ADT Security Services
Tesla
Revel Energy
Engie North America
SunPower
1000 Grandmothers for Future Generation
350 Bay Area Action
Alameda County Democratic Party
Albany Climate Action Coalition
Aztec Solar Inc.
California State Grange
Camptonville Community Partnership, Inc
Center for Community Energy
Climate Action California
Climate Mobilization San Diego
Climate Reality Project, Orange County
Eco Active 101
Environmental Working Group
Extinction Rebellion San Francisco Bay Area
Indivisible East Bay
Indivisible Green Team
Infinity Energy
JKB Energy
McGee-Spaulding Neighbors in Action
Morongo Basin Conservation Association
Newgen Energy
Oil and Gas Action Network
Project Development Solutions
Recolte Energy
Resource Renewal Institute
Romero Institute
San Diego Community Power
San Joaquin valley Democratic Club
Santa Cruz Climate Action Network
Sierra Club California
Skyline Smart Energy
Sonoma Clean Power
Sunflower Alliance
Sunnova
Sunrise Bay Area
Sunrun
Sustainable Mill valley
Terraverde Energy
OPPOSITION
San Diego Gas and Electric
Pacific Gas and Electric (PG&E)
SoCal Edison
FOR MORE INFORMATION
Isabelle LaSalle
Office of Assemblymember Marc Berman
(916) 319-2023 (916) 319-2123 (fax)
[email protected]
Attachment Staff Report Item 17C
SB 410 – Powering Up California
SUMMARY
SB 410 requires the Public Utilities Commission
(PUC) to decrease the time in which electrical
utilities connect and upgrade customers to
electricity service. To ensure shorter target
interconnection times, SB 410 requires the PUC to
set a target timeline for utilities to connect
different types of resources, convene a working
group, report necessary data, and encourage
workforce development considerations to meet
that timeline.
BACKGROUND
To ensure that the lower-voltage electricity
distribution energy lines can hold sufficient
electrons to power all the buildings in
neighborhoods, utilities and localities monitor the
capacity on existing lines to keep the grid stable.
To connect a new appliance or provide an
electrical upgrades to a building on the electricity
distribution grid — colloquially known as as
‘interconnection’ — sometimes requires an
electrical corporation, like PG&E, to upgrade the
capacity of a distribution line or upgrade a local
substation (which convert high voltage power to
low voltage, usable power) capacity.
These interconnection evaluations and upgrades
are necessary for many new resources on the
electricity grid, including solar panel installations,
EV chargers, and home electric appliance
installation, but also for the addition of new
housing or building developments.
As more homes and businesses are built, as they
switch over to climate-friendly electric appliances,
and as they install EV chargers or rooftop solar,
the upgrades needed to the electricity distribution
system continue — and will continue — to grow.
In the long run, planning for this increased
electricity grid capacity will require planning and
cost foresight from electrical utilities, in
partnership with the PUC, to meet the SB 100 (de
León, 2018) energy transition goals.1
1 Brockway et al., Can Distribution Grid Infrastructure Accommodate Residential Electrification and Electric Vehicle Adoption in Northern California?” (2022)
THE PROBLEM
Californians are experiencing delays in the time it
takes for utilities to interconnect their new homes
and electrical upgrades with the electricity grid.
While the most common causes and average time
of delays are not fully known due to lack of
publicly available data, reports from Californians
indicate wide-spread delays in certain parts of the
state.
One customer from Northern California described
his frustrating experience with delays from utility
interconnections when upgrading his electrical
panel:2
“One potential electrician I met with was not
interested in the project because it would
require too much coordination with the utility
and uncertainty about project timing due to the
utility capacity review. After hearing this, we
chose an electrician who had a strength in
utility coordination. Even this electrician told
us that they were increasing the fee that they
charge to clients for utility coordination
because it was taking more and more of their
time.”
As another example, delays for connecting electric
vehicle (EV) fast chargers to the grid were around
70 weeks inside of PG&E territory in 2022.3 Still,
no comprehensive statistics about the causes of the
delays for different types of resources are available
to the public.
Another community choice aggregator, whose
program provides free upgrades for low-income
households to obtain heating and cooling systems,
now avoids homes on streets where distribution
upgrades are needed, as the associated PG&E
upgrade time for past projects is estimated to
require 6 months before the new unit could be
installed.
3 PG&E, “Clean Transportation Program Advisory Council
Meeting. Q4, 2022.”
2Campbell, “The Home Upgrade Process Needs an Upgrade”
(2022)
1 Attachment Staff Report Item 17C
SOLUTION
This legislation requires the PUC to plan and set
guidance for how to accommodate these growing
electricity grid connection requests in order to
reduce current delays and preemptively prevent
future delays.
This bill sets out multiple requirements for the
PUC to ensure electrical utilities connect new
buildings or electricity service capacity upgrades
to customers on a reasonable timeframe. The PUC
is first required to create an average and maximum
timeline in which electrical utilities should connect
customers to the grid. This timeline must minimize
controllable causes of delays and accounts for
potential future grid capacity growth from the
state’s building decarbonization goals.
The legislation subsequently requires the PUC and
utilities to do the following to ensure compliance
with the average timeline targets.
1. If utilities exceed the set target averages,
the utility must create a strategy to meet
the targets in the future. The PUC is
permitted to take remedial actions, if
necessary to ensure compliance.
2. The PUC is required to ensure utilities
plan for sufficient workforce training and
development for interconnection work,
3. The PUC must convene a working group
to establish annual reporting standards on
delayed projects and explore options to
resolve the delays with relevant
stakeholders.
The improvements and targets set for connecting
new and upgraded electricity service to the grid
will ensure that California is adequately able to
meet its decarbonization targets and reduce
customer frustration.
SUPPORT
Coalition of California Utility Employees
(sponsor)
City of San Jose
California State Association of Electrical Workers
Elders Climate Action, NorCal and SoCal chapters
Rural County Representatives of California
Silicon Valley Clean Energy
Sonoma Clean Power
FOR MORE INFORMATION
Jo Gardias, Legislative Aide
[email protected]
(916) 651-4235
2 Attachment Staff Report Item 17C
SB 527
Neighborhood Decarbonization Program
Senator Dave Min, 37th District
Office of Senator Dave Min | SB 527 Fact Sheet | Updated as of 5/1/23 1
SUMMARY
SB 527 directs the California Public Utilities
Commission (CPUC) to establish the
Neighborhood Decarbonization Program.
This is a cost effective, community-scale
pilot program that will decarbonize 15
neighborhoods across the state.
BACKGROUND
The California Air Resources Board
(CARB) has laid out goals for the state to
reach its benchmark of carbon neutrality by
2045. Those goals include reducing
greenhouse gas emissions to 85% below
1990 levels and reducing fossil fuel
consumption to less than 10 percent of what
is currently consumed. To reach these goals
California will need to decarbonize every
sector, including our buildings.
Buildings account for 25 percent of all
emissions, and 13 percent of all greenhouse
gas emissions. These emissions contribute to
climate change and cause poor indoor air
quality that can lead to adverse health
problems.
In an effort to reduce emissions in buildings,
the 2022-23 State Budget created The
Equitable Building Decarbonization
Program. The program allocated $922
million in funding for the decarbonization of
low- and moderate-income households. The
funds provide rebates and incentives for
zero-emission appliances, such as heat
pumps for air and water heating and cooling.
While this was a step in the right direction,
California will not meet its climate targets
by switching out one appliance at a time.
California can take a community based
approach to decarbonization by first
reviewing which service areas are using
outdated energy infrastructure. When natural
gas pipelines are too old for operation,
public utilities are responsible for replacing
or refurbishing them. In certain instances,
however, replacing outdated natural gas
pipelines is more costly than
decommissioning the pipelines and
decarbonizing the buildings in that service
area. This is done by providing free
appliance upgrades to affected customers,
using high-efficiency appliances such as
heat pumps to provide heating, cooling and
hot water service. These communities can
also be connected to geothermal energy
networks.
It is evident that building decarbonization is
a priority for the state. In order to meet GHG
emission targets, California can further its
decarbonization efforts by targeting specific
zones that need upgrades to their outdated
energy infrastructure.
THIS BILL
SB 527 directs the CPUC to establish the
Neighborhood Decarbonization Program.
The program would allow utilities, along
with the CPUC, to identify 15 cost-effective
projects throughout the state with outdated
infrastructure for decarbonization using
strategies such as heat pump technology,
geothermal energy networks, and high
efficiency energy appliances. Two-thirds of
customers in a targeted area must consent
before these projects move forward.
The CPUC would create program guidelines
including high road labor standards and
transition requirements for workers,
Attachment Staff Report Item 17C
SB 527
Neighborhood Decarbonization Program
Senator Dave Min, 37th District
Office of Senator Dave Min | SB 527 Fact Sheet | Updated as of 5/1/23 2 protections to ensure rate stability for
remaining gas customers, and preference for
projects that serve a large percentage of low-income individuals or households.
After five years of implementation of the
program, the CPUC will submit a report to
the Legislature on the findings of the
program.
SUPPORT
Building Decarbonization Coalition
(Sponsor)
Earthjustice
Sierra Club
Natural Resources Defense Council
Rocky Mountain Institute
Building Electrification Institute
Environmental Protection Information
Center
SPUR
Rewiring America
California Environmental Voters
Efficiency First California
San Diego Green Building Council
Climate Justice Team First Unitarian
Universalist Church of San Diego
San Diego 350
Menlo Spark
AjO.earth
American Institute of Architects
City of Berkeley Office of Energy and
Sustainable Development
Carbon Free Palo Alto
Mothers Out Front Silicon Valley
Emerald Cities Bay Area
San Diego Building Electrification Coalition
Hammond Climate Solutions Foundation
Mothers Out Front San Francisco
Climate Action Campaign
350SV Palo Alto Climate Team
Rising Sun Center for Opportunity
thirdACT PBC
Silicon Valley Clean Energy
California Housing Partnership
OPPOSITION
Rural County Representatives of California
STAFF CONTACT
Brett Hailey
[email protected]
Office of Senator Dave Min
(916) 651-4037
Attachment Staff Report Item 17C
SB 529 (Gonzalez) Electric Vehicles for All Act
SUMMARY
Senate Bill (SB) 529 will expand electric vehicle access for low-income Californians by creating a dedicated grant
program to deploy electric vehicle car-sharing programs at 100 public and low-income housing facilities in
California.
This program will meet the unique mobility needs of low-income Californians, a group that is largely excluded from the existing benefits of California’s clean transportation transformation.
EXISTING LAW
Through Executive Order N-79-20, California has set
ambitious targets for zero-emission vehicle (ZEV)
deployment that include:
5 million ZEVs on the road by 2030;
100% of in-state sales of new passenger cars and
trucks be zero-emission by 2035; and
100% of medium- and heavy-duty vehicles be
zero-emission by 2045, where feasible.1
To meet these goals, several federal and state funding
sources support ZEV adoption and charging infrastructure deployment.
Federally, there are multiple competitive grant and
incentive programs that accelerate ZEV and charging
infrastructure deployment. Through the Infrastructure
Investment and Jobs Act (IIJA), the National Electric
Vehicle Program provides $5 billion for the acquisition, installation, maintenance, and operation of electric
1 https://test.sites.ca.gov/wp-content/uploads/2020/09/9.23.20-EO-N-79-20- text.pdf.
vehicle charging infrastructure. The IIJA also appropriates $2.5 billion for electric vehicle charging infrastructure along designated “alternative fuel corridors”.2In addition to IIJA grant funds, Section 30D of the Inflation Reduction Act of 2022 provides tax credits up to $7,500 for the
purchase and use of electric vehicles.3
California also has existing programs that fund zero-emission vehicle and charging infrastructure deployment.
Most notably, the Clean Transportation Program (CTP)
awards $100 million annually for projects that support
the adoption of cleaner transportation powered by
alternative and renewable fuels.4
California also invests in clean transportation deployment through the Clean Mobility Options Program to support
car share, bike share, vanpool, and ride sourcing projects and transportation needs assessments in disadvantaged
communities. As of May 2022, this program invested
$55.2 million to support 51 implemented projects
throughout the State.5
At the Federal level, H.R. 6662, the “Electric Vehicles for All Act” would have also facilitated an electric vehicle car sharing program at public housing locations throughout
the United States.6
2https://sor.senate.ca.gov/sites/sor.senate.ca.gov/files/IIJA%20Transportation%2 0Overview%20-%20SOR-FINAL.pdf.
3 https://www.mayerbrown.com/en/perspectives-events/publications/2022/09/tax-credits-for-electric-vehicles-whats-changed-with-the-us-ira#:~:text=The%20IRA%20establishes%20a%20new%20tax%20credit%20for, the%20vehicle%2C%20which%20cannot%20be%20more%20than%20%2425 %2C000.
4 https://www.energy.ca.gov/programs-and-topics/programs/clean-transportation-program/clean-transportation-program-overview. 5 https://cleanmobilityoptions.org/about/.
6 https://www.congress.gov/bill/117th-congress/house-bill/6662.
Attachment Staff Report Item 17C
SB 529 · (Lena Gonzalez) Fact Sheet · 02/14/23
BACKGROUND/PROBLEM
California is a world leader in the ZEV market: in 2021, California accounted for about 39% of all electric vehicles registered in the United States.7
However, California is still far from its ambitious ZEV targets. As of 2021, there are 837,887 ZEVs in California, representing just 2.9% of all the cars on the road.8
Moreover, these ZEVs are not deployed equitably, as low-income, households of color are far less likely to own ZEVs than white, higher-income households. As of 2019,
fewer than 6% of California ZEVs are registered in census tracts within the upper 80th percentile of CalEnviroScreen score.
9 In order for California to meets its ZEV goals, the State must increase electric vehicle adoption in low-income,
disadvantaged communities.
Over the last several years, there have been small-scale pilot projects aimed at expanding ZEV access in low-income neighborhoods, including electric vehicle car-sharing programs at public housing. Notably, the Los Angeles Cleantech Incubator launced an electric vehicle car sharing program at the Housing Authority of the City of Los Angeles’ San Pedro public housing project with
great success. Through this program, San Pedro residents have access to two electric vehicles and charging stations, which they use to get to work, grocery shop, run errands, and visit family among other uses.10 While these previous pilot programs have been successful locally, there is still an immediate need for a large scale statewide program to help fund and guide a statewide effort to get ZEVs and
charging infrastructure into the communities that need it the most.
SOLUTION
SB 529 will ensure that low-income Californians benefit from the State’s ambitious clean transportation goals,
while providing critical mobility options for public and low-income housing residents.
7 https://afdc.energy.gov/data/10962.
8 https://www.energy.ca.gov/data-reports/energy-almanac/zero-emission-vehicle-and-infrastructure-statistics/light-duty-vehicle. 9 https://innovation.luskin.ucla.edu/wp-content/uploads/2021/04/An-Agenda-for-Equity-Centered-Clean-Transportation.pdf. 10 https://laincubator.org/rancho-san-pedro-evs-for-all/?utm_source=Vince+V+Testing+2022&utm_campaign=2090c876fd-EMAIL_CAMPAIGN_2019_08_05_06_51_COPY_01&utm_medium=email&u tm_term=0_79198dd5e0-2090c876fd-330853693&mc_cid=2090c876fd&mc_eid=2f81bf0f3d.
SB 529 will create a grant program to launch electric
vehicle car-sharing programs throughout the state, with the goal of servicing the residents of 100 public and low-income housing facilities. With flexible financing, local governments, housing authorities, air districts, and other community groups can access funds for electric vehicles, charging infrastructure, education and outreach, and
subsidized fares to support the car-sharing program.
Priority will be given to programs that demonstrate that the electric vehicle car-sharing program would address
the transportation needs and the lack of electric vehicle charging infrastructure in the community.
SUPPORT
Los Angeles Cleantech Incubator (Sponsor)
CONTACT
Marissa Hagerman
Senator Lena Gonzalez
(916) 651-4033
[email protected]
Attachment Staff Report Item 17C