AGENDA
ORANGE COUNTY POWER AUTHORITY
MEETING OF THE LEGISLATIVE AND REGULATORY COMMITTEE
Friday, September 8, 2023
10:00 a.m.
This meeting will proceed as an in-person meeting at the Travelers Building, 3333 Michelson Dr., Irvine, CA 92612 in the Palm Room. In addition, as a convenience to the public, the Orange County Power Authority is also providing an option for members of the public to remotely view and participate in the meeting. Further details are below. Please note that, in the event of a technical issue causing a disruption in the remote participation option, the meeting may continue unless otherwise required by law.
Note: Any member of the public may provide comments to the Committee on any agenda items by requesting to speak during Item 4, or on any matter not appearing on the agenda but within the jurisdiction of the Committee by requesting to speak during Item 5. When providing comments to the Committee, it is requested that you provide your name and city of residence for the record.
Commenters are requested to address their comments to the Committee as a whole through the Chair. Comments may be provided in the following manner:
To provide comments during the meeting, in-person attendees, please fill out the public speaker slip and provide it to the clerk at the beginning of the meeting. Before Items 4 and 5, the Chair or Clerk will ask members of the public to join the queue to provide public comment. The queue will remain open for a reasonable amount of time to allow members of the public sufficient time to request to speak and inform the Committee of the number of speakers. After such time, the queue will be closed and the members of the public who have joined the queue to speak will be recognized at the appropriate time may speak. To join the queue on Zoom video conference by computer or mobile phone, use the “Raise Hand” feature. If joining the meeting using the Zoom dial-in number, you can raise your hand and join the queue by pressing *9. Members of the public will not be shown on video but will be able to speak when called upon.
Comments shall generally be limited to three minutes when speaking, provided that the Chair may equally reduce each speaker’s time to accommodate a large number of speakers or a large number of agenda items. If you have anything that you wish to be distributed to the Committee, please provide it via [email protected], who will distribute the information to the Members.
The public may participate using the following remote options:
ZOOM WEBINAR
Please click the link below to join the webinar:
Launch Meeting - Zoom
Dial-in: 1-669-900-6833
Webinar ID: 827 5431 4426
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PUBLIC COMMENTS ON AGENDA ITEMS
Opportunity for members of the public to address the Committee on any items on the agenda.
5. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Opportunity for members of the public to address the Committee on any items not on the agenda but within the jurisdiction of the Committee.
6. COMMITTEE MEMBER ANNOUNCEMENTS
Committee Members may briefly provide information to other members of the Committee and the public, ask questions of staff, or report on conferences, events, or activities related to Authority business. There is to be no discussion or action taken on comments made by Committee Members unless authorized by law.
7. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the Legislative and Regulatory Committee, any public comments on any of the Consent Items will be heard.
There will be no separate action unless members of the Legislative and Regulatory Committee request specific items be removed from the Consent Calendar.
1. MINUTES FOR THE LEGSISLATIVE AND REGULATORY
COMMITTEE MEETING OF APRIL 7, 2023
Recommended Action:
Approve as submitted.
8. REGULAR CALENDAR
The following items call for discussion or action by the Committee. The Committee may discuss and/or take action on any item listed below if the Committee is so inclined.
1. LEGISLATIVE UPDATE
Recommended Action:
Receive and file.
2. REGULATORY UPDATE
Recommended Action:
Receive and file.
9. ADJOURNMENT
Compliance with the Americans with Disabilities Act
OCPA meetings comply with the protections and prohibitions of the Americans with Disabilities Act. Individuals with a disability who require a modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may contact 949-263-2612. Requests for disability-related modifications or accommodations require different lead times and should be provided at least 72-hours in advance of the public meeting.
Availability of Documents
Copies of the agenda and agenda packet are available at www.ocpower.org. Late-arriving documents related to a Committee meeting item which are distributed to a majority of the Committee prior to or during the Committee meeting are available for public review as required by law. Public records, including agenda-related documents, can be requested electronically at [email protected] or by mail to 15642 Sand Canyon Avenue, P.O. Box 54283, Irvine, CA 92619-4283. The documents may also be posted at the above website.
Such public records are also available for inspection, by appointment, at 3349 Michelson Drive, Suite 200, Irvine, CA 92612. Please contact [email protected] to arrange an appointment.
MINUTES
REGULAR MEETING
LEGISLATIVE AND REGULATORY COMMITTEE
ORANGE COUNTY POWER AUTHORITY
Friday, April 7, 2023
1. CALL TO ORDER
Chair Jung called to order the Regular Meeting of the Legislative and Regulatory Committee at 10:30 a.m. on Wednesday, April 7, 2023.
2. PLEDGE OF ALLEGIANCE
Chair Jung led the Pledge of Allegiance.
3. ROLL CALL
Present: Chair Fred Jung City of Fullerton
Director Jose T. Castañeda City of Buena Park
4. PUBLIC COMMENTS ON AGENDA ITEMS
None
5. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None
6. COMMITTEE MEMBER ANNOUNCEMENTS
None
7. REGULAR CALENDAR
1. ADOPT 2023 CALENDAR
Action Taken:
Director Castañeda made the motion, seconded by Chair Jung to adopt the 2023 Meeting Calendar as follows: June 2, 2023, September 8, 2023, and November 3, 2023 at 10:00 a.m.
The motion carried unanimously by the following vote:
Ayes: Chair Jung, Director Castañeda
Noes: None
Absent: None
2. LEGISLATIVE UPDATE
Management Analyst, Steven Halligan, provided a summary of the presentation on this item.
Director Castañeda provided his suggestions on the various legislation.
Action Taken:
Received and Filed.
3. REGULATORY UPDATE
Management Analyst, Steven Halligan, provided a summary of the presentation on this item.
Action Taken:
Received and Filed.
8. ADJOURNMENT
There being no further business to come before the Committee, Chair Jung adjourned the meeting at 11:35 a.m. The next OCPA Legislative and Regulatory Regular meeting will be on June 2, 2023.
Submitted by:
Pat Jacquez-Nares, Board Authority Secretary
ORANGE COUNTY POWER AUTHORITY
Staff Report – Item 8.1
-------------------------------------------------------------------------------------------------------------------- To: Orange County Power Authority Legislative and Regulatory Committee From: Steven Halligan, Regulatory and Legislative Manager Subject: LEGISLATIVE UPDATE
Date: September 8, 2023
--------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
Receive and file.
BACKGROUND
AB 1373 (Garcia) - Energy Reliability Budget Trailer Bill Assembly Bill (AB) 1373 provides the Department of Water Resources (DWR) authority to act as a centralized procurement entity (CPE) until January 1, 2030. It also requires the California Public Utilities Commission (CPUC) and the California Energy Commission (CEC) to assess capacity payments for load-serving entities (LSEs) and local publicly owned electric utilizes (POUs) that are deficient in their reliability obligations until June 30, 2027. Lastly, it authorizes the CPUC additional enforcement and subsequent penalty authority over the LSE’s integrated resource plans (IRP).
SB 867 (Allen) and AB 1567 (Garcia) - Climate Bonds
Senate Bill (SB) 867 (Allen) and AB 1567 (Garcia) would enact a Bond Act, which approved by the voters, which would authorize the issuance of bonds in the amount of $15.5-$16 billion to finance projects for drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity and nature-based climate solutions, climate smart agriculture, park creation and outdoor access, and clean energy programs.
Both bills propose $2 billion in funding for Clean Energy. The breakdown of how the money would be allocated differs in each bill. A summary of the $2 billion for Clean Energy is below.
SB 867 (Allen) AB 1567 (Garcia)
Clean Energy: $2 billion. Funding proposed as
follows:
• $500 million to support planning and
development or new or expanded high-voltage electrical transmission lines that are necessary to meet the state’s clean energy
goals as identified CAISO. No dispersing
agency has been identified.
• $500 million to the CEC for grants to assist
in obtaining federal grants related to
regional hubs as defined by IIJA and IRA.
• $500 million to the CEC for zero-emission
vehicle changing infrastructure.
• $500 million to the CEC for grants to
support the LDES program.
Clean Energy: $2 billion. Funding proposed as
follows:
• $750 million to the Infrastructure and
Economic Development Bank (I-Bank)
for clean energy transmission projects.
• $500 million to the CEC for grants to
assist in obtaining, or as a match fund
for, federal grants related to regional
hubs in the IIJA and IRA.
• $250 million to the CEC for zero-emission vehicle charging infrastructure in disadvantaged communities, with a
priority on investments in the
California-Mexico border region.
California tribal governments shall be
eligible for infrastructure funding.
• $500 million to the CEC for projects
that expand or modernize the
distribution grid to meet clean energy
needs and electrification load growth,
including new substations, modifications
to existing substations to increase
capacity or resiliency, reconductoring,
community microgrids, and adding new
circuits. California tribal governments
shall be eligible for infrastructure
funding.
FISCAL IMPACT
None
ATTACHMENTS
Attachment A – 2023-24 Legislation Matrix
Measure Author Topic Sort Topic Summary Hearing Date Location AB 914 Friedman CEQA streamlining for interconnection Distribution Planning Exempt from CEQA certain electrical infrastructure projects intended to provide capacity or enhance reliability to accommodate the increased electrical demand + two-year agency review shot clock
TBD SEN - Appr.
AB 1513 Calderon Wildfire bonds Affordability 2 year bill AB 1567 Garcia Bonds for wildfire + other utility expenses Affordability Authorizes $2 billion in funding for clean energy projects, as follows TBD Sen - Policy AB 982 Villapudua Public Utilities Public Purpose Program Funds Affordability Creates Public Utilities Public Purpose Programs Fund to fund FERA/CARE + PPP programs
2 year bill
SB 867 Allen Bonds for wildfire + other utility expenses Affordability Authorizes $2 billion, upon appropriation by the Legislature, for clean energy programs
TBD Asm - Natural Resources
SB 572 Stern Ratepayer protection Affordability
Requires joint agencies to consider additional requirements to protect ratepayers from price spikes, stranded assets, duplication of services, and the risk of windfall profiteering and market manipulation. 8/16/2023 Asm - Appr.
AB 625 Aguiar-Curry Forest Biomass Waste Utilization Program Bioenergy 2 year bill AB 678 Alvarez Biomethane procurement targets or goals: core transport agents
Bioenergy 8/14/2023 Sen - Appr.
SB 488 Alvarado-Gil Authorize CCAs to procure bioenergy for capacity Bioenergy Authorize the cumulative rated generating capacity to be procured from bioenergy projects regardless of when the projects commence operations + autorize CCAs to procure any portion of a POUs required cumulative rated generating capacity from bioenergy projects capacity from bioenergy projects that was not procured because of the exemption described above. 2 year bill
AB 998 Connolly Biomass energy facilities: State Energy Resources Conservation and Development Commission: report Biomass 7/10/2023 Sen - Appr.
AB 1348 Grayson
Brown Act spot bill (AMENDED TO NOT BROWN
ACT) Brown Act TBD SEN - Appr.
AB 1379 Papan Brown Act teleconferencing Brown Act Expands teleconferencing abilties for CCAs 2 year bill AB 557 Hart Extends Brown Act public meetings waivers Brown Act TBD Sen Floor AB 817 Pacheco Open meetings: teleconferencing: subsidiary body Brown Act This bill would authorize a subsidiary body to use alternative teleconferencing provisions similar to the emergency provisions indefinitely and without regard to a state of emergency. In order to use teleconferencing pursuant to this act, the bill would require the legislative body that established the subsidiary body by charter, ordinance, resolution, or other formal action to make specified findings by majority vote, before the subsidiary body uses teleconferencing for the first time and every 12 months thereafter.
2 year bill
SB 411 Portantino Brown Act teleconferencing Brown Act Can continue teleconferencing under Brown Act TBD Asm - Appr.
SB 537 Becker Brown Act teleconferencing Brown Act
Brown act spot bill: expands local government’s access to hold public meetings through teleconferencing and remote access. TBD Asm - Appr.
AB 593 Haney Zero-emission buildings Buildings
This bill would require the commission, on or before June 1, 2024, to identify an emission reduction strategy, with milestones, for the building sector to support achieving those carbon emissions reduction goals, as provided. The bill would require the commission, on or before July 1, 2025, to implement the emission reduction strategy as a part of the Equitable Building Decarbonization Program and to take certain actions for purposes of implementing the strategy.
8/14/2023 SEN - Appr.
SB 306 Caballero Building decarbonization: Extreme Heat Action Plan Buildings Makes changes to the direct install program that was funded in the 2022- 23 state budget. The goal appears to be providing great direction on the use of the funds and directing more to underrepresented populations. 8/16/2023 Asm - Appr.
SB 48 Becker Water and Energy Savings Act Buildings
This bill would require the Energy Commission and the State Water Resources Control Board, in consultation with the State Air Resources Board, Public Utilities Commission, and Department of Housing and Community Development, on or before July 1, 2026, to jointly develop a strategy for using the energy and water usage data described above to track and manage the energy and water usage and emissions of greenhouse gases of covered buildings in order to achieve the state’s goals, targets, and standards related to energy and water usage and emissions of greenhouse gases of covered buildings, as specified. The bill would authorize the Energy Commission and the State Water Resources Control Board, upon appropriation, to jointly establish energy and water usage building performance standards consistent with the strategy. The bill would require the Energy Commission and State Water Resources Control Board to triennially evaluate the progress of the strategy in achieving improvements in energy and water efficiency and reducing the emissions of greenhouse gases and evaluate the impacts of the strategy on disadvantaged communities, as specified.
TBD Asm - Appr.
SB 610 Wiener CEC reporting CEC CEC chair must report annually to leg 2 year bill SB 664 Stern CEC IEPR deman forecasting CEC
This bill would require the Energy Commission ensure that the demand forecasts in the integrated energy policy report account for multiday extreme and atypical weather events and include, at a minimum, one-in-10- year, one-in-20-year, and one-in-40-year peak demand forecasts.
TBD Asm - Appr.
SB 149 Caballero Gov office's trailer bill langauge streamlining CEQA for renewable energy projects CEQA Signed by Governor
AB 1623 Muratsuchi Energy spot bill Clean Energy
Resources
Spot bill to accelerate deployment of clean energy resources, bolster electrical grid reliability, and support achievement of the state’s clean energy and climate change goals .
2 year bill
AB 1533 Garcia Definition of DERs DERs Changes definition of "ultraclean and low-emission distributed generation” TBD Sen - Policy AB 1664 Friedman DER plan enhacements DERs DER plans must better incorporate resiliency and cost effectiveness 2 year bill AB 547 Alanis Distribution of energy resources DERs Spot bill 2 year bill AB 691 Ting
Public Utilities Commission: energy efficiency
programs: report
EE PUC must report bienally on ratepayer-funded energy efficiency programs 2 year bill AB 1198 Grayson GO-Biz: Equity in energy task force Equity Establishes within GO-Biz the Equity in Energy Task Force with members as defined. The bill would require the task force to develop a comprehensive strategy aimed at addressing equity in the energy industry 8/14/2023 SEN - Appr.
AB 1374 Alvarez Increases GGRF money to disadvantaged
communities
Equity 2 year bill
AB 487 Ting Low-income energy programs: assessment Equity The PUC must make assessment biennially of the needs of low-income ratepayers to evaluate low-income program implementation and the effectiveness of weatherization services and energy efficiency measures in low-income households
2 year bill
SB 527 Min Equitable decarb program Equity
CPUC must create and Equitable Zonal Decarbonization Program for a small-scale community-targeted decarbonization program to ensure rate affordability, dedicated and prioritized funding for disadvantaged and low-income customers, and the development of high road jobs and workforces. 2 year bill
SB 529 Gonzalez EV ride share for affordable housing Equity CEC must create a grant program to facilitate EV sharing services, as defined, operated at permanent affordable multifamily housing properties 2 year bill SB 57 Gonzalez Legislation aimed at prohibiting the shut off of utility service during extreme weather events. Extreme Weather Intent legislation 2 year bill AB 326 Alanis Geothermal resources Geothermal Spot bill 2 year bill AB 1358 Muratsuchi Creates joint agency to reach renewable energy goals GHGs
Creates joint agency Tracking Energy Development Taskforce to develop policy recommendations to achieve the state's renewable energy goals 2 year bill AB 1373 Garcia Vehicle for the BCP GHGs Vehicle for the BCP TBD Sen - RLS.
AB 287 E. Garcia
GGRF Funds: competetive grants: funding
objectives GHGs Amending GGRF to pull more money into SD and Imperial Counties. 2 year bill AB 397 Essayli Global Warming Solutions Act: scoping plan GHGs Requires the scoping plan to include GHG limits due to wildlands and forest fires. 2 year bill
AB 585 Rivas CARB spot bill GHGs 8/14/2023 Sen - Appr.
AB 849 E. Garcia Community emissions reduction programs GHGs Require the air district, in adopting a community emissions reduction program, to consult with other relevant state agencies. 8/14/2023 Sen - Appr.
AB 9 Muratsuchi Global Warming Solutions Act; emissions limit GHGs Requires statewide GHG emissions are reduced to at least 55% below the 1990 level by no later than December 31, 2030. 2-year bill SB 12 Stern
California Global Warming Solutions Act: Emissions
Limit
GHGs
Requires statewide GHG emissions are reduced to at least 55% below the 1990 level by no later than December 31, 2030. 2 year bill SB 253 Weiner GHG reporting GHGs Requires large companies in CA to report GHG emissions 8/16/2023 Asm - Appr.
SB 261 Stern GHG reporting GHGs
Facitilites that report to CARB must also prepare a climate-related financial risk report and measures to reduce financial risk. 8/16/2023 Asm - Appr.
SB 511 Blakespear CARB report on GHG emissions GHGs
CARB must report on greenhouse gas emission inventories for the calendar year 2025 for each city, county, city and county, and special district, TBD Asm - Appr.
AB 324 Pacheco Renewable hydrogern Hydrogen Directs the CPUC to consider establishing a renewable hydrogern procurement goal. 2-year bill
AB 673 Bennett Hydrogen-fueling stations: preference Hydrogen 2 year bill AB 1293 Irwin Electrical corporations: interconnection Interconnection - EV 125 business day shot clock for EV energization TBD Sen - Appr.
AB 50 Wood Energy demand; communication Interconnection - Load
Require a public utility to furnish and maintain timely service, instrumentalities, equipment, and facilities; require CPUC by January 1, 2025, to determine the criteria for timely service for electric customers that meets specified requirements; pending CPUC determination, requires each large electrical corporation to make a good faith effort to deliver electric service within 90 day; allows bill credits for customer when commitment isn't kept.
8/14/2023 Sen - Appr.
SB 83 Wiener
Legislation aimed at requiring public utility
companies to provide comments on
postentitlement phase permit applications and
connect new construction to the electrical grid
within specified timeframes.
Interconnection -
Load
IOUS must interconnect a development project within 8 weeks of project becoming "interconnecction ready"; allows extension if specific issues prevent interconnection with c ompensation at 25 cents/sq ft; requires IOU shareholders to bear cost of compensation
2 year bill
SB 410 Becker Utility distribution and intervconnection planning and cost recovery
Interconnection -
Load
Establishes working group by March 1, 2024 to propose process improvements to inform IOUs of needed distriubtion system capacity increases; IOUs must provide data to the PUC on the response time to provide upgraded electrical service to customers for electrification upgrades in buildings, panel upgrades, solar installations, or electric vehicle chargers; requires report on staffingand training; require planning to consider transportation and building electrification and local government plans related to same; requires PUC to allow costs for interconnection of residential buildings that exceed the IOUs allowances to be treated as a common facility cost recovered from all ratepayers
TBD Asm - Appr.
AB 643 Berman Interconnection DER shot clock Interconnection -DER CPUC reports and penalizes IOU delays to DER interconnection. IOUs must be more responsive to interconnection inquiries (within 3 business days) 2 year bill AB 1172 Calderon Nuclear fusion Nuclear
Requires CEC to evaluate fusion, fusion energy, aneutronic fusion, experimental fusion, and fusion power plant production as a part of the 2025 IEPR
TBD Sen - Appr.
AB 65 Mathis Procurement from nuclear fission thermal power plants Nuclear
Requires CPUC before January 1, 2026, to adopt a plan to increase procurement from nuclear facilities and to phase out procurement from gas facilities
2 year bill
AB 3 Zbur Offshore wind spot bill Offshore Wind
Requires CEC to report to the legislature by July 1, 2025 on procurement mechanisms and strategies for offshore wind energy projects to be financed, entitled, constructed and operated within timeframes necessary to meet goals; requires CEC and State Lands do develop plan for seaport readiness and report to the legislature by January 1, 2026; requires CEC and GoBiz to study feasibility of achieving 70% to 85% in-state assembly and manufacturing of offshore wind energy projectsby July 1, 2027 8/14/2023; moved
to suspense file Sen - Appr.
AB 344 Wood Offshore wind procurement Offshore Wind Spot bill to be used to address OSW once the AB 525 report is released; permits joint procurement agreements for offshore wind facilities 2 year bill AB 80 Addis Offshore Wind Coastal Protection Act Offshore Wind Establishes West Coast Offshore Wind Science Entity to ensure monitoring of California ocean ecosystem 8/14/2023 Sen - Appr.
SB 286 McGuire Offshore Wind Offshore Wind
Requires CEC to process a consolidated coastal development permit for new development for offshore wind; makes State Lands lead agency for CEQA for OSW; establish CA OSW Fisheries Working Group; requires working group re compensatory mitigation for unavoidable impacts on commercial and recreational fisheries from OSW; creates fund to compensate
TBD Asm - Appr.
SB 422 Portantino CEQA streamlining for interconnection Permitting Specified agencies to perform environmental analysis of reasonabley foreseeable methods of compliane; imposes labor requirements on use of focused EIR to iinstall pollution control equipment; imposes labor requiremens for projects consisting solely of compliance with a performance standard or treatment requirement
8/16/2023 Asm - Appr.
SB 56 Skinner LSE; IRP Procurement Spot bill
Valencia PUC rules on ex parte PUC Allows written communications during quiet period if served on service list AB 1538 Muratsuchi RA incentive payments to LSEs RA
PUC must establish a Clean Energy Reliability Program to provide incentive payments to LSEs that exceed their capacity requirements. 2 year bill AB 995 Ting
Electricity: resouce adequacy requirements:
reporting
RA
Requires LSEs including CCAs to report biannully (instead of anually) the % of local and system RA requirements from the previous calendar year that was met with zero carbon capacity.
2 year bill
AB 1429
Boerner
Horvath Rates/charges Rates spot bill 4/19/2023 2 year bill AB 538 Holden Multistate regional transmission system
organizations: membership Regionalization
Prohibits CA electrical transmission owner, retails seller, or POU from joining multistate regional transmission system organization unless organizational documents meet FERC and specified state requirements as determined by CEC
2 year bill; LegCom Voted
5/26 to Support moving to
Board
AB 1132 Friedman Solar energy systems: permit fees. Solar Extends until January 1, 2034 limit on permit fees a city or county may charge for residential or commercial solar TBD SEN - Floor AB 1181 Zbur Multifamily Affordable Housing Solar Roofs program: bill credits Solar
Require bill credits for all participating accounts that participate; design tariff structure reduce barriers to the installation of solar energy storage technologie; allow for participant choice of virtual net metering or direct metering.
2 year bill
AB 1238 Ward Hazardous waste: solar panels Solar Requires Toxic Substandes to develop alternative PV management standards TBD 2 year bill
AB 2 Ward Recycling solar photovoltaic modules Solar Requires PV manufacturers to develop end of life management plan for recycling of solar PV
8/14/2023; moved
to suspense file Sen - Appr.
AB 704 Patterson
Energy: building standards: photovoltaic
requirements
Solar
Requires residential construction intended to repair, restore, or replace a residential building damaged or destroyed as a result of a disaster proclaimed by the Governor to comply only with requirements regarding PV pursuant to the regulations, if any, that were in effect at the time the damaged or destroyed residential building was originally constructed 2 year bill
SB 355 Eggman
Multifamily Affordable Housing Solar Roofs
program
Solar Modifies requirements re income level eligibilty 8/16/2023 Asm - Appr.
SB 49 Becker Tax incentives; Solar Canopies Solar
Provides gross receipts tax exemption for the construction of solar canopies; requires DOT, CEC, CPUC to develop strategic plan to lease and license DOT ROW to utilities or other entities building and operating renewable generation, energy storage, and electric transmission TBD Asm - Appr.
SB 38 Laird Battery storage; safety systems Storage
Require battery energy storage facility to have emergency response plan and evacutation plan that covers its area TBD Asm - Appr.
SB 605 Padilla Wave/tidal energy Tidal energy
Requires CEC to study and develop strategic plan for deployment of wave energy and tidal technologies; written report to Gov and Leg by January 1, 2025; requires CEC to solicit applications for pilot projects; requires inclusion of technology in SB 100 joint agency reports
8/16/2023 Asm - Appr.
SB 319 McGuire Electrical transmission Transmission Spot bill 8/16/2023 Asm - Appr.
SB 420 Becker Streamline transmission facilities Transmission Requires a lead agency to monitor clean energy and electrical transmission facility planning and deployment, and identify facilities necessary to maintain system reliability, and streamline them.
TBD Asm - Appr.
SB 619 Padilla Transmission Transmission
Would expand the facilities eligible to be certified by the commission to include electrical transmission lines carrying electricity from certain other facilities that are located in the stateif capital spend is at lease $250 million TBD Asm - Appr.
AB 1182 Petrie-Norris Clean energy deployment plan. Transportation 8/14/2023 Sen - APPR.
AB 1267 Ting
Zero-emission vehicle incentive programs: diesel
and gasoline superusers Transportation 2 year bill
AB 1349 Irwin
Transportation electrification: grant recipients: data
reporting
Transportation
Require recipients of grants for ZEV charging stations to collect data on the status of their stations and to submit that data to a publicly accessible application.
2 year bill
AB 1504 McCarty EV charging zoning Transportation
This bill would provide that EV charging station includes EV charging stations installed in the public right-of-way and EV charging stations installed with a battery storage system.
2 year bill
AB 1525 Bonta ZEV equity Transportation
Spot bill to promote equity first in transportation funding and to prioritize funding to vulnerable communities. 2 year bill
AB 1529 Gabriel ZEV charing stations Transportation Spot bill to convert gas stations to EV charging stations 2 year bill AB 1580 Carillo
Develop a State Electric Vehicle Infrastructure
Deployment Plan that is consistent with federal
requirements
Transportation 2 year bill
AB 1614 Gabriel Study possibilities of transitioning gas stations to EVs
Transportation 8/14/2023 Sen - APPR.
AB 241 Reyes Clean Transportation Program Transportation Intent legislation. Bill will focus on extension of AB 8, Clean Transportation Program
TBD Passed Appropriations
AB 463 Hart
Electricity: prioritization of service: public transit
vehicles Transportation
CPUC must consider the economic, social equity, and mobility impacts of a temporary discontinuance in electrical service to the customers that rely on electrical service to operate public transit vehicles.
2 year bill
AB 579 Ting Schoolbuses: zero-emission vehicles Transportation Require, commencing January 1, 2035, 100% of all newly purchased or contracted schoolbuses of a school district, county office of education, or charter school to be zero-emission vehicles, where feasible. 8/14/2023 Sen - APPR.
AB 591 Gabriel Electrical vehicle service equipment: universal connectors and public accessbility Transportation
Require an electric vehicle charging station that requires payment of a fee to allow a person desiring to use the station to pay via credit card 2 year bill AB 6 Friedman ZEVs Transportation
Spot bill to prioritize and fund transportation projects that significantly contribute towards the goals outlined in a region’s sustainable communities strategy and the state’s climate goals.
2 year bill
AB 772 Jackson Electric vehicle chargers Transportation Requires IOUs + POUs after 2024 to install an EV charger at a homeowner’s property within a reasonable time. The PUC will establish accounts to track moneys allocated to IOUs and POUs for that purpose.
AB 980 Friedman Active Transportation Program: guidelines: hearings Transportation 2 year bill SB 222 Nguyen Electric Bikes Transportation
Intent language on electric bike regulations. Could potentially be looking to expand regulations on e-bikes. 2 year bill
SB 233 Skinner ZEV charging Transportation
All EV supply equipment sold in California have bidirectional capability by 2027
TBD Asm - Appr.
SB 30 Umberg ZEV signage Transportation
Spot bill to develop light-duty ZEV charging station signage along state highways and a publicly accessible online platform that identifies the locations of EV charger along state highways.
TBD Asm - APPR.
SB 397 Wahab EV chargers Transportation Spot bill on EV chargers at rest stops 2 year bill SB 493 Min MD/HD infrastructure assesment Transportation CEC must create assessment of the electric and hydrogen infrastructure needed to meet the stated MD/HD deadlines. TBD Asm - Appr.
SB 507 Gonzalez ZEV goal assesment Transportation
CEC must asses whetther EV charging infrastructure is enough needed for state goals, and evaluate equitable deployment. 2 year bill SB 823
Smallwood-Cuevas
EV charger discount card Transportation
PUC myst create an IOU Discounted Electric Vehicle Charging Payment Card Program for residents to use at public EV chargers in order to pay a rate equivalent if they were using an at-home EV charger
2 year bill
SB 84 Gonzalez Clean Transportation Program Transportation Intent legislation. Bill will focus on extension of AB 8, Clean Transportation Program
6/1/2023
Ordered to inactive file on
request of Senator
Gonzalez.
AB 1155 Flora Vegetation Management Wildfire Mitigation Requires standards for vegetation inspection in veg management plans; establishes rebuttable presumption that meeting those standards means standard of care is met (!)
4/24/2023 2 year bill
AB 1195 Calderon Community grants for climate projects and workforce Workforce
Creates Climate Change Preparedness, Resiliency, and Jobs for Communities Program to fund grants to develop and implement multibenefit, community-level, climate-beneficial projects to support community and landscape resiliency and workforce development 2 year bill
AB 735 Berman Workforce development: utility careers Workforce 2 year bill SB 822 Durazo
Ensuring labor for state renewable energy and
transportation
Workforce
Instill policies and programs to create or support high-quality jobs in the energy, resources, and transportation sectors; reqiores state agencies to incorporat high road employment requirements in procurement processes and incentives by November 1, 2024
TBD Asm - Appr.
AB 100-AB
221
Budget Bills Spot bill
SB 100-SB
220
Budget Bills
ORANGE COUNTY POWER AUTHORITY
Staff Report – Item 8.2
-------------------------------------------------------------------------------------------------------------------- To: Orange County Power Authority Legislative and Regulatory Committee From: Steven Halligan, Regulatory and Legislative Manager Subject: REGULATORY UPDATE
Date: September 8, 2023
--------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
Receive and file.
BACKGROUND
Orange County Power Authority (OCPA) staff are monitoring several ongoing regulatory proceedings at the California Public Utilities Commission (CPUC). A brief description of the proceeding and any current status updates are provided below.
Income-Graduated Fixed Charge Proposals
On April 7, 2023 Southern California Edison Company, Pacific Gas and Electric Company, and San Diego Gas & Electric Company (the Joint IOUs), filed joint testimony describing their Income-Graduated Fixed Charge Proposals. 1
The Joint IOUs’ proposal combines an Income Graduated Fixed Charge (IGFC) with lower volumetric rates on all residential rate schedules. This change comes after the passage of Assembly Bill 205 which removed the statutory language requiring default residential rates to be almost exclusively charged on a volumetric basis.
The proposal creates four household Income Brackets: 1) CARE customers with incomes less than 100% of the Federal Poverty level (FPL), 2) Remaining CARE and FERA customers, 3) Non-CARE or FERA customers with incomes up to or equivalent to 650% of FPL, and 4) Non-CARE customers with incomes above 650% of FPL.
Households with incomes less than $28,000 a year would pay a $15 monthly fee in SCE territory, households earning between $28,000 and $69,000 a year would pay $20, households earning $69,000 to $180,000 would pay $51, and those earning more than $180,000 would pay $85.
1 https://www.cpuc.ca.gov/-/media/cpuc-website/divisions/energy-division/documents/demand-response/demand-response-workshops/advanced-der---demand-flexibility-management/joint-ious-opening-testimony-exhibit-1.pdf In a ruling issued June 19 by the CPUC administrative law judge assigned to the case, it is expected that the earliest that the income-graduated fixed charge will be implemented in customer rates is the end of 2026.
ERRA Compliance, ERRA Forecast and General Rate Case (GRC) Energy Resource Recovery Account (ERRA) Compliance applications are filed annually by the IOUs for review of costs associated with Utility Owned Generation (UOG) operations and fuel procurement, Portfolio Allocation Balancing Account (PABA) entries, economic dispatch of electric resources, and contract administration. IOUs are required to demonstrate compliance with CPUC decisions and the California Public Utilities Code. SCE Compliance Intervenor Testimony is due December 15, 2023.
ERRA Forecast Applications are filed annually by IOUs to forecast energy procurement-related revenue requirements, which includes forecast allocation of costs across PCIA vintages. SCE Intervenor Testimony is due August 8, 2023.
In four-year cycles, IOUs submit General Rate Case (GRC) applications for authority to adjust rates and charges for electric and gas service based on a future Test Year (TY). The revenue requirements include electric and gas distribution system costs, administrative expenses, and customer service costs.
Affordability – R.18-07-006
The proceeding was opened in 2018 to establish processes for assessing and increasing the affordability of utility service. The CPUC has addressed metrics and methodologies for assessing affordability. The proceeding is currently in Phase 3, considering strategies to limit/mitigate future energy rate increases. Phase 3 Proposed Decision is expected in Fall 2023.
BioMAT – R.22-10-010
The CPUC issued an Order Instituting Rulemaking (OIR) on October 20, 2022 to implement Assembly Bill (AB) 843 authorizing CCAs to participate in the Bioenergy Market Adjusting Tariff (BioMAT) program. AB 843 amended Public Utilities Code section 399.20 to extend to CCAs within an electrical corporation’s service territory the existing renewable feed-in tariff for qualifying bioenergy electric generation facilities. A Proposed Decision will be issued by September 27, 2023.
Demand Flexibility – R.22-07-005
The CPUC issued an OIR on July 22, 2022 to advance customer demand flexibility through electric rates to support reliability, decarbonization, and affordability. Phase 1 Scoping Memo and Ruling, dated November 2, 2022, set forth the schedule for Phase 1 of the proceeding, including two tracks for (1) establishing an income-graduated fixed charge for residential rates (Track A), and (2) streamlining the adoption of demand flexibility rates for IOUs (Track B).
Within Track B, Energy Division has formed two working groups. Working Group (WG) 1 will address demand flexibility rate design, including incorporation of wholesale market prices into demand flexibility price signals. The guidelines established in WG 1 will inform the IOUs’ rate design applications in the California Energy CPUC (CEC) Load Management Standards (LMS) proceeding. WG 2 will address the systems and processes necessary for customer access to prices to respond to price signals. To be considered in WG 2 are the systems and processes necessary to enable unbundled customers to take service on dynamic prices. Key to implementing widespread dynamic pricing is the establishment of one or more price machine(s) to compile the real-time prices with inputs from the LSEs and the CAISO market. Also being discussed are “transactive platforms” to allow parties to transact to avoid potential volatility associated with dynamic prices.
The Working Groups are also discussing subscription services to allow customers to subscribe to real-time pricing, but with guardrails to protect customers from wide price swings.
Integrated Resource Planning (IRP) – R.20-05-003
The IRP proceeding considers the CPUC’s electric procurement policies and programs to ensure safe, reliable, and cost-effective electricity supply. The proceeding evaluates system, local, and flexible reliability needs ten years out, authorizes procurement, and reviews LSEs’ procurement plans. The next cycle of IRP will begin shortly.
Provider of Last Resort (POLR) – R.21-03-011
The CPUC issued a Scoping Memo and Ruling on September 16, 2021 to set forth the scope in the POLR proceeding. This proceeding implements the POLR requirements and framework directed by SB 520. The POLR proceeding will be considered in three phases. Phase 1 will focus on issues necessary to establish a comprehensive framework for existing POLRs. Phase 2 will set rules that allow a different entity to be designated as the POLR. Phase 3 may be opened to consider any additional issues not covered in Phase 1 or 2. A Proposed Decision is expected in October 2023.
Renewable Portfolio Standard (RPS) R.18-07-003 / Voluntary Allocation and Market Offer (VAMO)
The Assigned Commissioner and Assigned ALJ issued a Ruling on May 5, 2023 identifying issues and schedule of review for 2023 RPS procurement plans. Pursuant to the Ruling, draft annual RPS procurement plans are due on July 17, 2023. Reply comments on draft RPS Plans are due August 29, 2023.
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