MEETING of the Legislative & Regulatory Committee of the Clean Power Alliance of Southern California
Wednesday, January 26, 2022
10:00 a.m.
SPECIAL NOTICE: Pursuant to the Proclamation of the State of Emergency by Governor Newsom on March 4, 2020, AB 361, and enacting Resolutions, and as a response to mitigating the spread of COVID19, the Legislative & Regulatory Committee will conduct this meeting remotely.
To Listen to the Meeting:
https://us06web.zoom.us/j/98674928558
or
Dial: (346) 248-7799 Meeting ID: 986 7492 8558
PUBLIC COMMENT: Members of the public may submit their comments by one of the following options:
• Email Public Comment: Members of the public are encouraged to submit written comments on any agenda item to [email protected] up to four hours before the meeting. Written public comments will be announced at the meeting and become part of the meeting record. Public comments received in writing will not be read aloud at the meeting. • Provide Public Comment During the Meeting: Please notify staff via email at [email protected] at the beginning of the meeting but no later than immediately before the agenda item is called.
o You will be asked for your name and phone number (or other identifying information) and agenda item similar to filling out a speaker card so that you can be called on when it is your turn to speak.
o You will be called upon during the comment section for the agenda item on which you wish to speak on. When it is your turn to speak, a staff member will unmute your phone or computer audio.
o You will be able to speak to the Board for the allotted amount of time. Please be advised that all public comments must otherwise comply with our Public Comment Policy. o Once you have spoken, or the allotted time has run out, you will be muted during the meeting.
If preferred, you may also submit written comments during the meeting via email to:
[email protected]. The written comments will be shared with the Board of Directors. *While downloading the Zoom application may provide a better meeting experience, Zoom does not need to be installed on your computer to participate. After clicking the webinar link above, click “start from your browser.” Meetings are accessible to persons with disabilities. Individuals who need special assistance or a disability-related modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the meeting materials, should contact the Clerk of the Board at least two (2) working days before the meeting at [email protected] or (323) 640-7664. Notification in Agenda Page 1
Clean Power Alliance Legislative & Regulatory Committee January 26, 2022
advance of the meeting will enable us to make reasonable arrangements to ensure accessibility to this meeting and the materials related to it.
PUBLIC COMMENT POLICY: The General Public Comment item is reserved for persons wishing to address the Board on any Clean Power Alliance-related matters not on today’s agenda. Public comments on matters on today’s Consent Agenda and Regular Agenda shall be heard at the time the matter is called.
Comments on items on the Consent Agenda are consolidated into one public comment period. Members of the public who wish to address the Board are requested to contact the Board Clerk, as specified above, at the beginning of the meeting but no later than immediately prior to the time an agenda item is called.
Each speaker is limited to two (2) minutes (in whole minute increments) per agenda item with a cumulative total of five 5 minutes to be allocated between the General Public Comment, the entire Consent Agenda, or individual items in the Regular Agenda. Please refer to Policy No. 8 – Public Comment for additional information.
CALL TO ORDER & ROLL CALL
GENERAL PUBLIC COMMENT
CONSENT AGENDA
1. Approve Minutes from October 27, 2021 Legislative & Regulatory Committee Meeting
REGULAR AGENDA
2. Review Landscape Analysis: POLR + Additional Services (Information)
3. Presentation: Sacramento Shifts
COMMITTEE MEMBER COMMENTS
ADJOURN – NEXT MEETING FEBRUARY 23, 2022
Public Records: Public records that relate to any item on the open session agenda for a Committee Meeting are available for public inspection. Those records that are distributed less than 72 hours prior to the meeting are available for public inspection at the same time they are distributed to all, or a majority of, the members of the Committee. Those documents are available for inspection online at www.cleanpoweralliance.org/agendas.
Agenda Page 2
MINUTES
MEETING of the Legislative & Regulatory Committee of the Clean Power Alliance of Southern California
Wednesday, October 27, 2021, 10:00 a.m.
The Legislative & Regulatory Committee conducted this meeting in accordance with California Governor Newsom’s Executive Order N-29-20 and COVID-19 pandemic protocols.
CALL TO ORDER & ROLL CALL
Committee Chair Lindsey Horvath called the meeting to order at 10:00 a.m. and Clerk of the Board, Raynette Tom, conducted roll call.
Roll Call
Agoura Hills Deborah Klein Lopez Committee Member Remote Carson Cedric Hicks Alternate Committee
Member Remote
Redondo Beach Christian Horvath Committee Member Remote West Hollywood Lindsey Horvath Chair Remote
All votes are unanimous unless otherwise stated.
GENERAL PUBLIC COMMENT
There was no public comment.
CONSENT AGENDA
1. Approve Minutes from July 28, 2021 Legislative & Regulatory Committee Meeting Motion: Committee Member Lopez, Agoura Hills
Second: Chair Horvath, West Hollywood
Vote: Item 1 was approved by a roll call vote with abstention by Committee Member Hicks.
REGULAR AGENDA
2. Review and Recommend Approval of the Proposed 2022 Legislative and Regulatory Policy Platform to the Board of Directors
Gina Goodhill, Policy Director, provided an update on the proposed changes to the legislative and regulatory platform. Ms. Goodhill noted that next year, staff might recommend to make the platform more prescriptive with the goal of relying on the platform as a stronger guiding document, to be able to respond nimbly to legislative needs. Ms. Goodhill noted a few highlights of positions that CPA was able to move quickly on as a result of the substantial changes made to the policy platform last Agenda Page 3
Clean Power Alliance Legislative & Regulatory Committee Page 2 of 3 October 27, 2021 Minutes
year, most notably on vehicle electrification, resiliency, and reliability; securing funding in these key areas of importance to CPA.
Ms. Goodhill reviewed in detail the two proposed changes for this year. The first change involves a more consistent mention of federal engagement. There are increased opportunities in the federal arena, including President Biden’s proposed infrastructure plan and a large focus on climate and energy. CPA wants to take advantage of these opportunities; without a federal lobbyist, CPA will be strategic about how it engages federally and likely continue to rely on trade associations, CalCCA, and directly reach out to elected officials who represent CPA federally.
The second proposed change is to switch to using the term “environmental and social justice communities” in place of other terms currently used in the platform, such as ‘disadvantaged communities,’ ‘low-income communities,’ and ‘communities of color.’ The change was prompted by an effort at the CPUC and CEC to create one consistent term that is more all-encompassing to prevent communities from being left out because they don’t meet the specific definition attached to ‘disadvantaged communities’. The goal of the new term is to integrate equity and access more consistently across CPA’s legislative and regulatory goals.
CPA may consider using the new term in other documents as well.
Chair Horvath asked how staff proposed to keep the Committee and the Board apprised of the positions and actions taken by staff. Ms. Goodwill stated that staff has yet to determine the best method by which it will inform the Board of bill positions, but noted that one possible method could be to report bill positions on a monthly basis to the Board of Directors, much like other CCA’s do. Chair Horvath also suggested regular communication via email would be effective, given the swift activity in the state legislature. Committee Members made further suggestions regarding options for maintaining the Committee and Board informed of bill positions, including having at least one member of the Committee, perhaps the Chair, review bill positions with staff or to have the entire Committee or the Executive Committee, provide an approval on positions taken when needed and then providing prompt updates to the rest of the Board.
Committee Member Lopez suggested that certain member agencies may lobby at the federal level and can be an asset when CPA needs to engage at the federal legislature to advocate on behalf of CPA. In response to Committee Member Hicks’ question regarding CPA’s lobbyists and legislative action to make billing and communication clearer to customers, Ms. Goodhill explained that CPA has two contract state lobbyists only, since most of its issues come up at the state level, and no firms offer both state and federal lobbying services. Additionally, Ms.
Goodhill stated that it may be difficult to address billing and communication at the legislature but noted that staff would examine the issue. Executive Director Ted Bardacke added that CPA will assess its role in maintaining SCE costs down.
Committee Member Horvath commented that information toolkits would be helpful to member agencies to distribute to residents to help them identify what portions of their bill are CPA and SCE; and, suggested further definition of the term ‘environmental and social justice communities’, to ensure a clear understanding of the term.
Motion: Committee Member Horvath, Redondo Beach
Agenda Page 4
Clean Power Alliance Legislative & Regulatory Committee Page 3 of 3 October 27, 2021 Minutes
Second: Committee Member Hicks, Carson
Vote: Item 1 was approved by a roll call vote, with direction to further define the term ‘environmental and social justice communities.’
COMMITTEE MEMBER COMMENTS
Committee Member Horvath announced that he will likely leave the committee after taking a new job; the Committee congratulated him.
ADJOURN
Chair Horvath adjourned the meeting at 10:30 a.m.
Agenda Page 5
Staff Report – Agenda Item 2
To: Clean Power Alliance (CPA) Legislative & Regulatory Committee From: CC Song, Director, Regulatory Affairs
Subject: Provider of Last Resort
Date: January 26, 2022
RECOMMENDATION
Receive and file.
ATTACHMENT
1) Provider of Last Resort Presentation
Agenda Page 6
Provider of Last Resort
January 26, 2022
Agenda Page 7
Agenda
• Overview of Provider of Last Resort
• Regulatory Proceeding Update
• CCAs and Municipalization
• Recommendation and Discussion
Agenda Page 8
Overview and Background
Provider of Last Resort (POLR) is a back-up electricity provider that steps up to provide uninterrupted service if a load serving entity fails or is unable to provide service.
Existing statute and regulations assume that the Investor Owned Utilities (IOUs) are the default POLR, and the CPUC has broad authority to change the POLR designations and requirements.
Senate Bill (SB) 520 (Hertzberg, 2019) specifically defines POLR as a “load-serving entity that… [provides] electrical service to any retail customer whose service is transferred to the designated load-serving entity because the customer’s load- serving entity failed to provide, or denied, service to the customer or otherwise failed to meet its obligations.”
CalCCA opposed SB 520, and requested an unsuccessful veto, due to the concern that non-IOU LSEs would be ineligible to become POLR.
CPUC initiated a rulemaking proceeding in March 2021 to implement SB 520.
POLR is part of a larger discussion about the long-term role of CCAs Agenda Page 9
3 Regulatory Proceeding Update
POLR Rulemaking Scope
• Phase 1: POLR Service Requirements and Customer Migration Rules (current phase) • Phase 2: Designated POLR Application and Requirements • Phase 3: Other issues
Phase 1 workshops topics
• Operation and expectation of POLR Service
• Registration
• Financial security requirements
CalCCA positions
• POLR service should be limited to 60 days to allow customer transition between LSEs • Given the limited scope, the POLR should not conduct procurement or hedging in advance • An LSE ceasing operations should have the ability to choose another LSE to take on the customers • Separately from POLR, financial service requirements for LSEs should vary based on investment-grade credit ratings, or information voluntarily submitted to the CPUC to as proof of financial health Agenda Page 10
4 CCA and Load Serving Entity Future?
Agenda Page 11
Recommendation and Discussion
CPA staff recommend continuing to monitor and track the POLR proceeding at the CPUC, in collaboration with CalCCA
CPA staff welcome the committee’s feedback on CalCCA/CPA positions in the proceeding and elsewhere
Agenda Page 12
Questions
Agenda Page 13
Staff Report – Agenda Item 3
To: Clean Power Alliance (CPA) Legislative & Regulatory Committee From: Gina Goodhill, Policy Director
Subject: Sacramento Shifts
Date: January 26, 2022
RECOMMENDATION
Receive and file.
ATTACHMENT
1) Sacramento Shifts Presentation
Agenda Page 14
2022 Sacramento
Shifts
January 26, 2022
Agenda Page 15
Agenda
Leadership Changes
Redistricting
Budget
Agenda Page 16
2 Leadership Changes
Assemblymember Holden appointed to replace Lorena Gonzales as Assembly Appropriations Chair Assemblymember Eduardo Garcia appointed to replace Assemblymember Holden as Assembly Utilities and Energy Chair (Holden to remain on committee) 3 Legislature
Commission
Alice Reynolds has been appointed to replace Marybel Batjer as President of the CPUC, effective December 31, 2021. Reynolds was previously Senior Advisor to the Governor for Energy since 2019, and served as Senior Advisor for Climate, the Environment and Energy in the office of Governor Brown from 2017-2019.
John Reynolds has been appointed as a Commissioner to the CPUC, replacing Commissioner Martha Guzman-Aceves who left to lead the US EPA Southwest region. He held multiple positions at the California Public Utilities Commission, including Interim Chief of Staff to Commissioner Genevieve Shiroma in 2018, Advisor to Commissioner Carla Peterman from 2015 to 2018 and Public Utilities Counsel from 2013 to 2015.
Agenda Page 17
4 Current Senate District
Redistricting
Agenda Page 18
5 New Senate Districts
Agenda Page 19
6 Current Assembly District
Agenda Page 20
7 New Assembly District
Agenda Page 21
Budget
Agenda Page 22
8