Staff Report Item 16
Staff Report Item 16
To: Ava Community Energy Board of Directors
From: Sam Sadle, Principal Legislative Manager
Subject: Approval of Legislative Positions (Action Item) Date: May 21, 2025
________________________________________________________________ Summary/Recommendation
Since the Legislative Program’s adoption in July of 2018, Ava staff has worked to implement the Board approved Legislative Program. The Legislative Program provides a framework for the Ava legislative team to identify, assess, track, and (with Board approval) take advocacy-related action regarding proposed legislation. Furthermore, the Legislative Program guides staff in identifying which of the more than 2,000 bills per year that are introduced in Sacramento are important to Ava and relevant to our services.
This month, we are presenting for your consideration:
• An update on Ava’s Legislative Program document and staff recommendation that you adopt our April 2025 updated legislative program;
• Staff recommendation that you adopt a “support” position on Assembly Bills (“AB”) and Senate Bills (“SB”) AB 39 (Zbur), AB 44 (Schultz), AB 259 (Rubio), AB 729 (Zbur), AB 915 (Petrie-Norris), SB 239 (Arreguin), SB 254 (Becker), SB 282 (Weiner), SB 314 (Padilla), SB 453 (Stern), SB 698 (McNerney); and
• Staff recommendation that you adopt a “support if amended” position on AB 222 (Bauer-Kahan), SB 283 (Laird), and SB 541 (Becker).
Staff Report Item 16
Fiscal Impact
• AB 44 (Schultz) - Support: Unlikely to have a fiscal impact on Ava. • AB 222 (Bauer-Kahan) - Support if Amended: If amended, it is unlikely to have a fiscal impact on Ava. If unamended, it could have a small impact, due to increased reporting requirements.
• AB 259 (Rubio) - Support: Unlikely to have a fiscal impact on Ava. • AB 729 (Zbur) - Support: May lead to a lower rate of arrearages for Ava customers. • AB 915 (Petrie-Norris) - Support: Unlikely to have a fiscal impact on Ava, unless subsequent appropriations are made to support the program and may eventually lower costs, as Ava project delays are avoided.
• SB 39 (Zbur) - Support: Unlikely to have a fiscal impact on Ava. • SB 239 (Arreguin) - Support: Unlikely to have a fiscal impact on Ava. • SB 254 (Becker) - Support: May result in lower costs for Ava CARE/FERA customers and potentially all customers, due to Ava’s rates linkage to IOU rates. • SB 282 (Weiner) - Support: Unlikely to have a fiscal impact on Ava, but may eventually lower costs, as Ava project delays are avoided.
• SB 283 (Laird) - Support if Amended: Unlikely to have a major fiscal impact on Ava.
May potentially increase costs for battery storage in California, which could be passed along to Ava.
• SB 314 (Padilla) - Support: Unlikely to have a fiscal impact on Ava, but may eventually lower costs, as Ava project delays are avoided.
• SB 453 (Stern) - Support: May support increased uptake of our VPP program, which may have knock-on fiscal impacts.
• SB 541 (Becker) - Support if Amended: Unlikely to have a fiscal impact on Ava in the short term; however, long-term impacts remain unknown.
• SB 698 (McNerney) - Support: Unlikely to have a fiscal impact on Ava.
Analysis and Context
Ava’s Legislative Program:
The Legislative Program document was last updated in 2024. This most recent version for 2025 (attached) has again been updated with clarifications and edits to names/addresses.
Furthermore, the updated Legislative Program has been expanded to include two new general legislative principles - Making Electricity More Affordable and Increasing Bill Transparency and Understanding. These new principles are in addition to Ava’s existing principles of Protecting Community Choice, Accelerating Decarbonization, and Promoting Local Development.
Ava’s public policy positions now include positions concerning: non-bypassable charges; disadvantaged communities; environmental sustainability; finance; education, neighborhood and Staff Report Item 16
social services; distributed energy resources; clean energy tax credits; and streamlining energy permitting and regulatory compliance.
Ava’s updated Legislative Program document is provided for reference, as an attachment to this item.
Recommended Ava Bill Positions:
AB 44 (Schultz) - Support: Requires the California Energy Commission (“CEC”) to define and publicize load modification protocols by December 2026, allowing Load Serving Entities (“LSE”) to adjust their electrical demand forecasts. The Bill aims to improve grid reliability, by incorporating flexible demand tools, supporting decarbonization, and helping LSEs manage their Resource Adequacy (“RA) obligations. Ava supports this Bill, as it would create a more standardized and transparent process for modifying our RA forecasts, as needed.
AB 222 (Bauer-Kahan) - Support if Amended: If approved, this Bill would require that before offering a covered AI model or system available to the public, developers must calculate the total energy used and the percentage generated in California, then publish this data on their website. Additionally, the CEC may adopt regulations to improve energy standards for datacenters more generally. Ava staff propose pursuing amendments that would advance the disclosure date from the date of operation to the date of facility building permit, to allow Ava and other providers to more properly plan for increased load. Furthermore, staff seeks amendments to ensure that it is datacenter companies who must provide energy usage data to the CEC, not the LSE.
AB 259 (Rubio) - Support: Extends Brown Act alternative teleconferencing rules indefinitely (currently scheduled to expire in 2026). This would support Ava’s operations and the ability of Board Members to serve, especially Board Members in San Joaquin County for whom transportation time to our headquarters in Oakland may prove burdensome.
AB 729 (Zbur) - Support: Reallocates the Climate Credit to align with periods of highest statewide energy usage. Rather than a single payment in April, residential customers will receive the electricity Climate Credit in August and September and the natural gas Climate Credit in February. This Bill will save Ava consumers money during our highest billing months (August and September), reducing bill volatility and potentially arrearages.
AB 915 (Petrie-Norris) - Support: The Bill establishes the Clean Energy Reliability Investment Plan and requires CEC and California Public Utilities Commission (“CPUC”) to report on significant delays or barriers affecting deployment of renewable energy and zero-carbon resources. Furthermore, the Bill would require CEC to establish a central pool of project citing and permitting experts within the Commission. Originally, the Bill included a $900 million appropriation to support the plan, but that was removed in later versions of the legislation. Ava staff supports the objectives of the Bill, as it relates accelerating our transition to zero-carbon resources and the envisioned state funding to support this approach.
Staff Report Item 16
SB 39 (Zbur) - Support: Requires that by no later than 2030, cities and counties with over 75,000 residents adopt an electrification / decarbonization / community energy plan or integrate these subjects into their general plan. This Bill supports Ava's work on accelerating decarbonization. All Ava municipalities (with the exception of Stockton and San Joaquin County) likely already meet the requirement. Stockton is currently drafting a similar plan on behalf of itself and San Joaquin County and should easily meet this requirement.
SB 239 (Arreguin) - Support: Authorizes subsidiary bodies to use alternative teleconferencing until 2030, with specific notice, agenda, and public participation rules. Similar AB 259, SB 239 would assist in easing the operations of our subsidiary committees.
SB 254 (Becker) - Support: One of a series of affordability measures offered by Senate leadership, SB 254 is a comprehensive legislative proposal addressing the state’s energy affordability crisis. SB 254 would, among other things, place higher scrutiny on investor-owned utilities (“IOU”) rate increase requests, increase IOU ratemaking transparency, change how and when IOUs file wildfire mitigation plans with the state, increase the California Climate Credit allocation for California Alternate Rates for Energy/Family Electric Rate Assistance (“CARE/FERA”) customers, establish a new state fund to reimburse Californians for “policy-related” rate impacts, and create a new state Clean Energy Infrastructure Authority tasked with accelerating clean energy infrastructure deployment. The Bill will shield Ava customers (particularly those on CARE/FERA plans) from increasing electricity bills moving forward.
SB 282 (Weiner) - Support: Requires municipalities to streamline application and certification processes for residential heat pump systems. This Bill directly supports Ava’s home electrification efforts.
SB 283 (Laird) - Support if Amended: SB 283 requires energy storage facilities to comply with National Fire Protection Association 855 fire safety standards, certify fire department consultation, and undergo inspections before operation. Battery storage systems are an essential part of the long-term push for grid decarbonization. Staff seeks to pursue amendments to ensure the Bill applies only to utility scale battery storage operations and not other, smaller batteries. Staff will also seek amendments modifying the effective date to ensure this applies to future battery systems, not those currently under construction, as not all have been designed to meet these new standards.
SB 314 (Padilla) - Support: Allows vehicle chargers to be self-certified by installers and manufacturers entered into public operation, during the state inspection period. This Bill would ease expansion of our Ava Charge network in a simpler and more efficient manner.
SB 453 (Stern) - Support: Extends the Self-Generation Incentive Program to the end of 2027 and requires the CEC to report on the program. Ava staff believes the forthcoming solar and storage and virtual power plant programs will be more successful, if the Self-Generation Incentive Program (“SGIP”) is extended.
Staff Report Item 16
SB 541 (Becker) - Support if Amended: Requires CEC via the Integrated Energy Policy Report (“IPER”) to establish load shifting targets allocated to each retail supplier based on its relative share of statewide load and the CEC's estimate of its load shifting potential. Requires CEC to work with the CPUC to identify barriers to meeting these estimates and develop a local-based avoided cost metric. Ava staff recommends pursuing amendments clarifying CCAs responsibilities under the measure and adding additional clarity around how to measure load shifting potential.
SB 698 (McNerney) - Support: Authorizes CEC to establish Distributed Energy Resources (“DER”) equipment lists and adopt guidelines that further energy goals, including solar energy systems, energy storage, bidirectional charging, and charging stations. CEC already keeps these lists that provide guidance to consumers and Ava on high quality equipment for DER expansion. This Bill would codify CEC’s right to do so in state law.
Attachments:
A. 2025 Legislative Positions Resolution
B. 2025 Legislative Program April Update Resolution
C. Ava’s May 2025 Proposed California Legislative Positions; and D. Legislative Program - updated April 2025
Attachment Staff Report Item 16A
RESOLUTION NO. R-2025-XX
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE AVA COMMUNITY ENERGY AUTHORITY SUPPORTING,
SUPPORTING IF AMENDED, OR OPPOSING UNLESS AMENDED VARIOUS BILLS UNDER CONSIDERATION IN THE 2025 CALIFORNIA LEGISLATIVE
SESSION
WHEREAS Ava Community Energy Authority (“Ava”) was formed as a community choice aggregation agency (“CCA”) on December 1, 2016, under the Joint Exercise of Powers Act, California Government Code sections 6500 et seq., among the County of Alameda, and the Cities of Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Piedmont, Oakland, San Leandro, and Union City to study, promote, develop, conduct, operate, and manage energy-related climate change programs in all of the member jurisdictions. The cities of Newark and Pleasanton, located in Alameda County, along with the City of Tracy, located in San Joaquin County, were added as members of Ava and parties to the Joint Powers Agreement (“JPA”) in March of 2020. The city of Stockton was added as a member to Ava in September of 2022. The city of Lathrop was added as a member to Ava in October of 2023. San Joaquin County was added as a member to Ava in July 2024. On October 24, 2023, Ava legally adopted the name Ava Community Energy Authority, where it had previously used the name East Bay Community Energy Authority since its inception.
WHEREAS the California legislature is considering a number of bills that would have a direct impact on Ava Community Energy and our customers; WHEREAS Ava and our customers stand to benefit from pending legislation; and WHEREAS the 2025 legislative session is underway with an expected adjournment date of September 12, 2025.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF AVA COMMUNITY ENERGY AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Board of Directors hereby expresses its support or support if amended positions for the following bills and authorizes Ava Community Energy staff to advocate on its behalf.
Section 2. The Board of Directors hereby expresses its support for the following Assembly Bills (“AB”) and Senate Bills (“SB”): AB 39 (Zbur), AB 44 (Schultz), AB 259 (Rubio), AB 729 (Zbur), AB 915 (Petrie-Norris), SB 239 (Arreguin), SB 254 (Becker), SB 282 (Weiner), SB 314 (Padilla), SB 453 (Stern), and SB 698 (McNerney).
Attachment Staff Report Item 16A
Section 3. The Board of Directors hereby expresses a “support if amended” position for Assembly Bill 222 (Bauer-Kahan), Senate Bill 283 (Laird), and Senate Bill 541 (Becker).
ADOPTED AND APPROVED this 21st day of May, 2025.
Jack Balch, Chair
ATTEST:
Adrian Bankhead, Clerk of the Board
Attachment Staff Report Item 16B
RESOLUTION NO. R-2025-XX
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE AVA COMMUNITY ENERGY AUTHORITY ADOPTING THE AVA
LEGISLATIVE PROGRAM– APRIL 2025 UPDATE
WHEREAS Ava Community Energy Authority (“Ava”) was formed as a community choice aggregation agency (“CCA”) on December 1, 2016, under the Joint Exercise of Powers Act, California Government Code sections 6500 et seq., among the County of Alameda, and the Cities of Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Piedmont, Oakland, San Leandro, and Union City to study, promote, develop, conduct, operate, and manage energy-related climate change programs in all of the member jurisdictions. The cities of Newark and Pleasanton, located in Alameda County, along with the City of Tracy, located in San Joaquin County, were added as members of Ava and parties to the Joint Powers Agreement (“JPA”) in March of 2020. The city of Stockton was added as a member to Ava in September of 2022. The city of Lathrop was added as a member to Ava in October of 2023. San Joaquin County was added as a member to Ava in July 2024. On October 24, 2023, Ava legally adopted the name Ava Community Energy Authority, where it had previously used the name East Bay Community Energy Authority since its inception.
WHEREAS federal and state governments consider numerous legislative proposals throughout the year that can have either a beneficial or negative impact on Ava Community Energy and our customers;
WHEREAS Ava Community Energy’s Legislative Program was first adopted in 2019 and has been updated frequently since then;
WHEREAS Ava Community Energy must from time to time update its Legislative Program to include new staff and advocates;
WHEREAS Ava Community Energy seeks to expand upon its traditional legislative principles to include the objectives of “Making Electricity More Affordable” and “Increasing Bill Transparency and Understanding”; and WHEREAS Ava Community Energy seeks to advance policy positions on a variety of issues including nonbypassable charges; disadvantaged communities; environmental sustainability; finance; education, neighborhood and social services; distributed energy resources; clean energy tax credits; and streamlining energy permitting and regulatory compliance.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF AVA COMMUNITY ENERGY AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Attachment Staff Report Item 16B
Section 1. The Board of Directors hereby adopts the staff proposed “Ava Legislative Program – April 2025”.
Section 2. The Board of Directors authorizes Ava Community Energy staff to advocate on behalf of the principles and objectives outlined in the Ava Legislative Program – April 2025 before relevant governmental bodies.
ADOPTED AND APPROVED this 21st day of May, 2025.
Jack Balch, Chair
ATTEST:
Adrian Bankhead, Clerk of the Board
Ava 2025 May
California Legislative Update
May 21, 2025
Attachment Staff Report Item 16C
2 Agenda
• 2025 California Legislative Timeline
• 2025-2026 Governor’s Revised Budget
• May 2025 Bill Review
Attachment Staff Report Item 16C
2025 California Legislative Timeline
3 January
6: Legislature reconvenes
10: Govenor submits
budget
February
21: Bill introduction
deadline
March April
May
2: Policy cmtes move
fiscal bills to fiscal cmtes
(1st chamber)
9: Policy cmtes move
non-fiscal bills to floor
(1st chamber)
June
6: Last day for bills to be
passed by 1st house
15: Budget bill must be
passed
July
18: Policy cmtes move
bills to fiscal cmtes or
floor (2nd chamber)
August
29: Fiscal cmtes move
bills to floor (2nd
chamber)
September
12: Last day for each
chamber to pass bills
October
12: Last day for Governor
to sign/veto bills
November December
We are here
Attachment Staff Report Item 16C
2025-2026 Governor's Budget May Revise
4 $12bn deficit
Clean "Cap-and-Invest" extension through
2045
Zeroing out of all
GGRF allocations
except for $1bn for
HSR
NEW GGRF allocation
of $1.54bn to CalFire
NEW $3.7m for PUC
oversight of utility
scale batteries
NEW $1.9m for CEC
opt-in energy and
manufacturing
permitting program
Next 4 weeks:
Assembly, Senate, and Governor
negotiate over budget
June 15:
Budget Adoption Deadline
Fall:
"Baby Budget" likely pending federal
actions and LA County tax receipts
Attachment Staff Report Item 16C
5 2025 Bill Review
California legislators proposed
2,350 bills
Ava legislative team is
monitoring ~100 bills
"The purposes [of Ava]… include securing electrical energy supply for customers in participating jurisdictions, addressing climate change by reducing energy related greenhouse gas emissions, promoting electrical rate price stability, and fostering local economic benefits such as jobs creation, community energy programs and local power development. It is the intent of this Agreement to promote the development and use of a wide range of renewable energy sources and energy efficiency programs, including but not limited to State, regional and local solar and wind energy production." Ava Community Energy's Joint Powers Agreement
Attachment Staff Report Item 16C
6 2025 Bill Review
Cross-functional analysis of
35 bills
(Internal, CalCCA, Board)
Ava legislative team is
monitoring ~100 bills
Accelerating
Decarbonization
Promoting Local
Development
Protecting
Community
Choice
Making
Electricity More
Affordable
Increasing Bill
Transparency
and
Understanding
Ava Community Energy's Legislative Program
Attachment Staff Report Item 16C
7 2025 Bill Review
Cross-functional analysis of
35 bills
(Internal, CalCCA, Board)
Staff recommends Board take a
position on 14 bills
1. Directly impacts our operations or legislative program.
2. Supports the JPA's vision of an affordable, sustainable, and local energy ecosystem and has broad-based support.
3. Ava's perspective has specific resonance with key decisionmakers and could impact the legislative language or path forward.
Attachment Staff Report Item 16C
8 Bill # (Author) Description Staff-Recommended
Action
Bill Status
(progress through leg)
Making Electricity More Affordable
AB 99
(Ta-R)
Prohibits an Investor-Owned Utility (IOU) from proposing a rate increase above the level of inflation for any general rate cycle, except for cases related to safety improvements, system upgrades, or increased costs of materials.
Monitor Asm. Appr. Committee
(Suspense File) (35%)
AB 729
(Zbur-D)
Provides bill relief by reallocating the Climate Credit to align with periods of highest statewide energy usage. Rather than a single payment in April, residential customers will receive the electricity Climate Credit in August and September and the natural gas Climate Credit in February.
Support Asm. Floor
(45%)
SB 254
(Becker-D)
Senate affordability package; creates Clean Energy Infrastructure Authority empowered to support project development by connecting clean energy developers with financing entities and public incentives. Streamlines wildfire mitigation and clean energy permitting, limits IOU cost recovery for major projects, expands low-income Credit Climate, and increases scrutiny of utility cost hikes.
Support Sen. Appr. Committee
(Suspense File) (35%)
Attachment Staff Report Item 16C
9 Bill # (Author) Description Staff-Recommended
Action
Bill Status
(progress through leg)
Accelerating Decarbonization (Battery Storage)
SB 283
(Laird-D)
Requires energy storage facilities to comply with National Fire Protection Association (NFPA) 855 fire safety standards, certify fire department consultation, and undergo inspections before operation.
Support if Amended Sen. Appr. Committee
(25%)
Accelerating Decarbonization (Local Permitting)
AB 39
(Zbur-D)
Requires that no later than 2030 cities and counties with over 75,000 residents adopt an electrification / decarbonization / community energy plan or integrate these subjects into their general plan.
Support Asm. Appr. Committee
(25%)
AB 306
(Schultz-D, co:Wicks-D)
June 2025 to June 2031, places restrictions on local changes to building standards (including reach codes) for residential units, emphasizing uniformity and the protection of health, safety, and home hardening.
Monitor Sen. Housing &
Local Gov. Committee
(55%)
SB 282
(Wiener-D)
Requires municipalities to streamline application and certification processes for residential heat pump systems.
Support Sen. Appr. Committee
(Suspense File) (35%)
Accelerating Decarbonization
AB 915
(Petrie-Norris-D)
Establishes Clean Energy Reliability Investment Plan and requires CEC and CPUC to report on significant delays or barriers affecting deployment of renewable energy and zero-carbon resources. Establishes central pool of project citing and permitting experts within CEC.
Support Asm. Appr. Committee
(Suspense File) (35%)
SB 698
(McNerney-D)
Authorizes CEC to establish Distributed Energy Resources (DER) equipment lists and adopt guidelines to further energy goals including solar systems, energy storage, bidirectional charging, and charging stations.
Support Sen. Appr. Committee
(Suspense File) (35%)
Attachment Staff Report Item 16C
10 Bill # (Author) Description Staff-Recommended
Action
Bill Status
(progress through leg)
Promoting Local Development (Vehicle Charging)
AB 1423
(Irwin-D) Expands CEC's reliability and uptime regulations to a subset of publicly-funded/utility-funded chargers installed since 2018 (including medium- and heavy-duty). Provides authority for CEC to impose civil penalties of no greater than $2,500 for each violation on companies that don't meet the CEC's standards.
Monitor Asm. Appr. Committee
(Suspense File) (35%)
SB 314
(Padilla-D)
Allows chargers to be self-certified by installers and manufacturers be entered into operation during the state inspection period. Provides exemptions from some state laws for chargers only available to certain individuals.
Support Sen. Appr. Committee
(Suspense File) (35%)
Promoting Local Development (Datacenters)
AB 222
(Bauer-Kahan-D)
Before using or making a covered AI model or system available, developers must calculate the total energy used and the percentage generated in California, then publish this data on their website. Additionally, the Commission may adopt regulations to improve energy standards generally for datacenters more generally.
Support if Amended Asm. Appr. Committee
(Suspense File) (35%)
SB 57
(Padilla-D co:
McNerney-D)
Requires CPUC to establish transmission and distribution (T&D) tariffs for data centers to protect nonparticipating customers from cost shifts; allows CPUC to establish a minimum requirement for zero-carbon procurement.
Monitor Asm. Appr. Committee
(Suspense file) (35%)
Attachment Staff Report Item 16C
11 Bill # (Author) Description Staff-Recommended
Action
Bill Status
(progress through leg)
Protecting Community Choice
Increasing Bill Transparency and Understanding (Dynamic Rates) AB 44
(Schultz-D)
Requires the CEC to define and publicize load modification protocols by 12/2026, allowing Load Serving Entities (LSEs) to adjust their electrical demand forecasts. The bill aims to improve grid reliability by incorporating flexible demand tools, supporting decarbonization, and helping LSEs manage their resource adequacy obligations.
Support Asm. Appr. Comm.
(Suspense File) (35%)
SB 541
(Becker-D)
Requires CEC via the Integrated Energy Policy Report (IPER) to establish load shifting targets allocated to each retail supplier based on its relative share of statewide load and the CEC's estimate of its load shifting potential.
Requires CEC to work with the CPUC to identify barriers to meeting these estimates and develop a local-based avoided cost metric.
Support if Amended Sen. Appr.
Comm.(Suspense File)
(35%)
Attachment Staff Report Item 16C
12 Bill # (Author) Description Staff-Recommended
Action
Bill Status
(progress through leg)
Bills Concerning IOUs
AB 740
(Harabedian-D)
Mandates IOUs report on their efforts to achieve load shifting goals. Directs the CEC to develop a strategic plan to facilitate the large-scale deployment of Virtual Power Plants.
Monitor Asm. Appr Comm.
(Suspense File) (35%)
AB 1117
(Schultz-D)
Requires the implementation of dynamic pricing for all commercial and residential customers by 2030. CCA participation in dynamic pricing is voluntary but requires gen rate alignment with market conditions while preventing cost shifts between bundled and unbundled customers.
Monitor Asm. Appr. Committee
(Suspense File) (35%)
AB 1167
(Berman-D,
Addis-D)
Prohibits IOUs from using ratepayer funds for activities like political influence or promotional advertising that don't directly benefit customers.
Requires these utilities to disclose whether advertising costs are covered by ratepayers or shareholders.
Monitor Asm. Appr. Committee
(Suspense File) (35%)
SB 24
(McNerney-D)
Prohibits IOUs from using ratepayer funds to undertake political influence activities, make charitable contributions, or lobby against municipalization.
Mandates utilities to report detailed expense data to ensure compliance and requires service restoration during poor air quality conditions.
Monitor Sen. Appr. Committee
(Suspense File) (35%)
SB 332
(Wahab-D)
Requires the CEC to evaluate the transition of the IOU model to a successor entity, implements disconnection transparency reporting, requires third party equipment audits, and prohibits ratepayer funds to be used for wildfire mitigation infrastructure investment, among other changes.
Monitor Sen Appr. Committee
(Suspense File) (35%)
Attachment Staff Report Item 16C
13 Bill # (Author) Description Staff-Recommended
Action
Bill Status
(progress through leg)
Bills Concerning IOUs (cont.)
SB 500
(Stern-D)
Directs the CPUC to develop and track IOU performance metrics and financial incentives to better align utility investments with cost-effective, safe, and reliable service. Emphasizes minimizing unnecessary infrastructure spending by prioritizing demand flexibility, distributed energy resources, and lower-cost safety upgrades over traditional capital investments.
Monitor Sen. Appr. Committee
(25%)
Board Operations
AB 259
(Rubio-D)
Extends Brown Act alternative teleconferencing rules indefinitely (currently scheduled to expire in 2026).
Support Sen. Local Gov't.
(55%)
SB 239
(Arreguín-D)
Authorizes subsidiary bodies to use alternative teleconferencing until 2030 with specific notice, agenda, and public participation rules.
Support Sen. Floor
(45%)
Attachment Staff Report Item 16C
14 Bill # (Author) Description Staff-Recommended
Action
Bill Status
(progress through leg)
Other Ava Priority Bills
AB 13 (Ransom-D)Establishes geographic representation for CPUC Commissioners and adds a legislative liaison. Mandates an annual report on rate affordability and case resolutions, along with increased transparency on rate-setting decisions, including detailed reports to the Legislature within 15 days of final decisions.
Monitor Asm. Appr. Committee
(Suspense File) (25%)
AB 942
(Calderon-D)
Removes legacy Net Energy Metering (NEM) 1.0 and 2.0 tariffs upon the sale of property.
Monitor Asm. Appr. Committee
(25%)
AB 1260
(Ward-D)
Requires the CPUC to modify customer renewable energy subscription programs and requires CEC to evaluate community solar+storage as a load-modifying resource.
Monitor Asm. Appr. Committee
(Suspense File) (35%)
SB 453
(Stern-D)
Extends SGIP to end of 2027 and requires the CEC to report on the program.
Support Sen. Appr. Committee
(25%)
SB 842
(Stern-D)
Requires the CEC and CPUC to support and prioritize the development of firm zero-carbon resources. By 2027, state agencies must identify funding opportunities, deployment barriers, and procurement mechanisms to integrate these resources into local reliability planning. The bill also mandates that Integrated Resource Plans consider firm zero-carbon resources to meet local reliability.
Monitor Sen. Appr. Committee
(25%)
Attachment Staff Report Item 16C
+1 833.699.3223 [email protected]
AvaEnergy.org
Legislative
Program
State and Federal Policy Priorities
Updated April 2025
Attachment Staff Report Item 16D
LEGISLATIVE PROGRAM—updated April 2025
Contents
Introduction .....................................................................................................................3 Ava Board of Directors.....................................................................................................4 Contact Information.........................................................................................................5 Mailing Address...........................................................................................................................................................5 Program Staff..............................................................................................................................................................5 Legislative Advocates.......................................................................................................6 State Legislative Advocate ..........................................................................................................................................6 Federal Legislative Advocate ......................................................................................................................................6 General Legislative Principles ..........................................................................................7 Making Electricity More Affordable............................................................................................................................7 Protecting Community Choice ....................................................................................................................................7 Accelerating Decarbonization.....................................................................................................................................7 Promoting Local Development ...................................................................................................................................7 Increasing Bill Transparency and Understanding .......................................................................................................8 Ava Public Policy Positions...............................................................................................9
1.1 Nonbypassable Charges........................................................................................................................................9
1.2 Disadvantaged Communities................................................................................................................................9
1.3 Environmental Sustainability ................................................................................................................................9
1.4 Finance ..................................................................................................................................................................9
1.5 Educational, Neighborhood, and Social Services................................................................................................10
1.6 Distributed Energy Resources.............................................................................................................................10
1.7 Clean Energy Tax Credits.....................................................................................................................................10
1.8 Streamlining Energy Permitting and Regulatory Compliance ............................................................................10 Legislative Program Coordination..................................................................................11 Attachment Staff Report Item 16D
LEGISLATIVE PROGRAM—updated April 2025
Introduction
The Ava Community Energy Legislative Program outlines the legislative priorities and stances of Ava Community Energy (“Ava”) with the intent to inform customers, representatives, and policymakers of Ava’s stances on the myriad public policies that intersect with Ava’s priorities, programs, and services. These priorities are applicable to legislation, statewide referenda, grant funding opportunities, and local ballot initiatives.
Ava has five major legislative priorities: Making Electricity More Affordable, Protecting Community Choice, Accelerating Decarbonization, Promoting Local Development, and Increasing Bill Transparency and Understanding.
Ava support of legislation will be contingent upon that legislation adhering to these priorities.
Moreover, Ava supports any and all policies that will preserve or enhance the ability of Ava to promote these priorities at the local level.
This document provides direction to Ava’s legislative advocates in Sacramento and Washington, DC. Additionally, this document serves as the foundation for any Ava Board action regarding Federal or State legislation or funding opportunity. Staff may draft letters, direct our legislative advocates, or speak on behalf of Ava regarding the legislative priorities this document outlines.
Any correspondence signifying Ava’s support or opposition of a given bill must be approved by the Ava 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 Sam Sadle, Principal Legislative Manager, at 510.753.5248 or [email protected].
Sincerely,
Howard Chang
Chief Executive Officer, Ava
Attachment Staff Report Item 16D
LEGISLATIVE PROGRAM—updated April 2025
Ava Board of Directors
Alameda County
Supervisor Elisa Márquez
Albany
Mayor Robin López
Berkeley
Councilmember Igor Tregub
Dublin
Councilmember John Morada
Emeryville
Vice Mayor Sukhdeep Kaur
Fremont
Councilmember Teresa Keng
Hayward
Councilmember Julie Roche
Lathrop
Councilmember Minnie Diallo
Livermore
Councilmember Ben Barrientos
Newark
Councilmember Julie Del Catancio
Oakland
Councilmember Rowena Brown
Piedmont
Mayor Betsy Andersen (Vice Chair)
Pleasanton
Mayor Jack Balch (Chair)
San Joaquin County
Supervisor Robert Rickman
San Leandro
Mayor Juan González III
Stockton
Mayor Christina Fugazi
Tracy
Councilmember Dotty Nygard
Union City
Vice Mayor Scott Sakakihara
Community Advisory Committee (non-voting)
Ed Hernandez, Chair
Attachment Staff Report Item 16D
LEGISLATIVE PROGRAM—updated April 2025
Contact Information
Mailing Address
1999 Harrison Street, Suite 2300
Oakland, CA 94612
Program Staff
Chief Executive Officer
Howard Chang
510.809.7458
[email protected]
Principal Legislative Manager
Sam Sadle
510.753.5248
[email protected]
Attachment Staff Report Item 16D
LEGISLATIVE PROGRAM—updated April 2025
Legislative Advocates
State Legislative Advocate
Omni Government Relations
Dan Chia
1121 L Street, Suite 408
Sacramento, CA 95814
916.425.8481
[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 16D
LEGISLATIVE PROGRAM—updated April 2025
General Legislative Principles
Ava has five general legislative principles. These priorities serve as the foundation for all actions Ava will take, including the lobbying for policies that promote those same guiding priorities.
Public policy encompasses a myriad of subject and topic areas. As these policies intersect at the local level, they have the ability to impact Ava revenues, programs, and/or administrative discretion and control. Ava will support policies that make electricity more affordable, protect community choice, accelerate decarbonatization, promote local development, increase bill transparency and understanding, or any combination thereof. If a given policy does not meet these criteria, Ava will oppose, support if amended, or in some cases take no stance on that policy or legislation.
The General Legislative Principles for Ava are:
Making Electricity More Affordable
• Support legislation, policies, referenda, and budgets that put downward pressure on current and future energy rates and decrease the amount customers pay for their electricity bills without jeopardizing reliability and emissions reductions goals.
• Oppose any legislation, policies, referenda, and budgets that increase customer costs without a clear and obvious justification for doing so, and unless there are no viable alternatives.
Protecting 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 Ava 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.
Accelerating Decarbonization
• Support the creation or expansion of federal, state, and local policies and programs that enable Ava to contribute to state and local community efforts to reduce greenhouse gas emissions. • Oppose any legislation, policies, programs, referenda, unfunded mandates and budgets that would have an adverse impact on Ava’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 Ava’s ability to invest in local clean energy, distributed energy resources, and zero-emission transportation, and promote equity in the communities that it serves.
Attachment Staff Report Item 16D
LEGISLATIVE PROGRAM—updated April 2025
Increasing Bill Transparency and Understanding
• Support any legislation, policies, referenda, and budgets that provide for a more transparent electricity ratemaking process and strengthen customer understanding of where charges come from. • Oppose any legislation, policies, referenda, and budgets that hinder ratemaking transparency and/or induce customer confusion related to energy bills and why they are being billed for certain charges.
Attachment Staff Report Item 16D
LEGISLATIVE PROGRAM—updated April 2025
Ava Public Policy Positions
The General Legislative Priorities help identify which public policy positions Ava will take.
The list of policy positions below is by no means exhaustive. In addition to the general legislative priorities, Ava takes the following more specific public policy positions:
1.1 Nonbypassable Charges
A. Oppose legislation that restricts or limits Ava’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 meet statewide procurement policy and develop and expand programs, local options, and rate design to support Ava’s community and customers.
1.2 Disadvantaged Communities
A. Support legislation and initiatives that boost funding for and access to bill credits, energy projects, and electrification programs that serve disadvantaged communities and low-income customers within Ava’s service territory.
B. Support legislation and initiatives that reduce local air pollution, health outcome disparities, and other negative impacts associated with energy production and consumption.
C. Support legislation and policies that enhance the stability and impact of programs that reduce energy bills for low-income customers and assist them with paying their energy bills.
D. Oppose legislation and initiatives that have the potential to disproportionately and negatively impact disadvantaged communities and/or low-income customers within Ava’s service territory.
1.3 Environmental Sustainability
A. Support legislation and initiatives that increase and/or stabilize funding for the creation of sustainable energy supply infrastructure, innovative renewable energy sources, and resource efficiency programs.
B. Support legislation and initiatives that encourage efficient energy consumption and the overall conservation of energy resources.
C. Support legislation and initiatives that reduce and mitigate the effects of climate change and enhance local resiliency.
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 removes the tax-exempt status of municipal bonds or otherwise interferes with community choice aggregators’ ability to leverage bond markets to secure customer savings.
C. Oppose any legislation that would divert community choice energy revenues to the State or other governmental entities.
Attachment Staff Report Item 16D
LEGISLATIVE PROGRAM—updated April 2025
1.5 Educational, Neighborhood, and Social Services
A. Support legislation that aids or helps Ava to provide energy support services, electric bill and home electrification 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, transportation electrification programs, and energy literacy services.
C. Support legislation and policies that enhance ratemaking transparency and customer energy bill transparency and understanding.
1.6 Distributed Energy Resources
A. Support legislation and policies that increase funding for and facilitate the adoption and deployment of distributed energy resources (DERs), including batteries, electric heat pump water heaters, thermostats, and electric vehicle charging.
B. Support legislation and initiatives that encourage the development of dynamic load-shifting capabilities and technology, including managed charging.
C. Oppose legislation that threatens community choice aggregator autonomy over DER program implementation and virtual power plant (VPP) configuration and cost-recovery.
1.7 Clean Energy Tax Credits
A. Support legislation that maintains and/or expands financial incentives for investing in and developing clean energy projects, including for renewable energy component manufacturing and electricity generation.
B. Support legislation that maintains and/or expands financial incentives for households and property owners to install clean energy technologies and invest in energy efficiency home upgrades.
C. Support legislation that maintains and/or expands financial incentives for consumers, businesses, and local governments to purchase new or used zero emission vehicles and charging infrastructure.
D. Oppose legislation and policies that reduce, repeal, or create barriers to accessing clean energy tax incentives.
1.8 Streamlining Energy Permitting and Regulatory Compliance A. Support legislation and policies that reduce administrative and regulatory barriers to developing renewable energy generation and transmission projects, including through implementing more efficient permitting processes, without jeopardizing environmental standards and local community and stakeholder input.
B. Support legislation and policies that reduce and/or streamline certification requirements and permitting processes necessary to install energy efficient electric appliances and home battery systems, making it easier and more affordable for Ava customers to electrify their homes.
C. Support legislation and policies that eliminate outdated and duplicative compliance reporting requirements that save administrative overhead costs and increase customer savings.
D. Oppose legislation and policies that unjustifiably increase burdensome regulatory requirements, including for energy project development and ongoing load serving entity (LSE) compliance.
Attachment Staff Report Item 16D
LEGISLATIVE PROGRAM—updated April 2025
Legislative Program Coordination
Legislation can be brought to the attention of Ava through a variety of channels:
• State and Federal Legislative Advocates
• Elected Representatives
• CalCCA
• LEAN Energy US
• Ava Board Members
• Ava Staff
• Ava Community Advisory Committee
• Ava Customers and Community Members
• Other Governmental Associations
All legislative requests for support or opposition will be directed toward Ava’s Public Policy department. Ava staff will then review the legislation in coordination with any relevant departments to analyze whether the legislation aligns with Ava’s general legislative priorities. Staff will then monitor and track the legislation, providing updates when necessary.
Concurrent with this evaluation, Ava’s Public Policy department will recommend a position and course of action.
Legislation Review Process and Timeline
The California state legislature routinely introduces thousands of bills during each legislative session, approximately half of which are passed by both chambers and sent to the governor’s desk. In 2024, for example, the legislature introduced 2,124 bills, 1,206 of which were acted on by the Governor. Although the exact number fluctuates year to year, typically a few hundred bills each session are related to energy, utilities, or local governance – the policy areas in which Ava takes a particular interest.
Bringing every energy or local government-related bill to the Board of Directors for a position vote each year would be unfeasible and inefficient. Ava’s Public Policy department, in partnership with Ava’s legislative advocates and trade associations, is therefore responsible for tracking this full suite of legislative activity, identifying bills that have or could have an impact on Ava’s operations, and ultimately selecting a smaller subset of bills to prioritize and bring to the Board of Directors for a position vote, based on the following general criteria:
1. Taking action (for, against, or neutral) on this legislation will align with Ava’s legislative principles;
2. Ava has a unique interest in this legislation;
3. Should Ava take no action, it is unlikely that other relevant stakeholders will lead the push for or against this legislation; and/or
4. The impacts of this legislation on Ava are substantial/existential.
Ava staff will typically spend the first few months of the legislative session (January-March) monitoring bill introductions and tracking all relevant legislation. As bills are amended in late March and into April, staff will conduct deeper bill analyses and determine the final slate of bills to introduce to committees and the full Board of Directors. Starting in May, staff will recommend the Board take a specific position on each bill included in the previously identified slate. (Support, Support if Amended, Oppose, Oppose Unless Amended, Neutral) Attachment Staff Report Item 16D
LEGISLATIVE PROGRAM—updated April 2025
Ava staff will follow a similar set of criteria when evaluating federal legislation. Because the Congressional legislative cycle is generally less predictable than California’s and the volume of bills passed each year by Congress is typically much smaller, federal bill position recommendations will be brought to the Board on an ad-hoc basis.
Legislative 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 Legislative Manager of Public Policy or their designee:
1. Direction to lobbyists to advocate in support, support if amended, oppose unless amended, or opposition to legislation
a. Pursuant to direction from the Ava 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, Ava staff will notify lobbyists of Ava’s stance on legislation and direct them to take appropriate action with legislators. Ava may remain neutral on a given piece of legislation.
2. Ava correspondence with relevant legislators
a. In conjunction with providing direction to lobbyists once Ava has determined its stance on legislation, Ava staff will send a support or opposition letter to the appropriate legislators.
3. Ava Board-approved resolution
a. Ava staff will draft a staff report and resolution for consideration by the full Ava 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. Ava Board outreach
a. Ava staff will draft talking points and other relevant information for individual Board Members to personally contact appropriate legislators to advocate on behalf of Ava.
5. Travel to Sacramento or Washington, D.C
a. Ava 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
a. Ava staff and legislative advocates will work with Ava’s legislative representatives to articulate Ava’s stance on a policy and to ensure said stance is codified in statute.
Attachment Staff Report Item 16D