Cities Index.
Updated Regular Item 4

Pioneer Community Energy Board of Directors
April 20, 2023

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Updated Regular Item 4
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April 20, 2023
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Staff Report – Item 4
To: The Governing Board
From: Kirstin Kolpitcke, Legislative and Regulatory Manager Item 4: Receive and Approve the 2023 Pioneer Legislative Policy and Platform Date: 4/20/2023

RECOMMENDATION
Receive and approve the 2023 Pioneer Legislative Policy and Platform that includes the following recommendations: adopt a support position on AB 625 (Aguiar-Curry), AB 704 (Patterson), AB 998 (Connolly), SB 410 (Becker), and SB 488 (Alvarado-Gil).

BACKGROUND
Pioneer Community Energy (Pioneer) develops a Legislative Policy and Platform (Legislative Platform) annually in order to provide guidance and direction for Pioneer staff (staff) to respond in a timely and nimble manner, as changes occur quickly in a dynamic legislative environment. After identifying bills that fit the descriptions of the legislative policy and platform objectives mentioned below, staff ranks the bills as support, watch, or oppose based on how they would impact Pioneer.

The California State Legislature reconvened on January 4, 2023, and the final bill introduction deadline was February 17, 2023. Since this is the first year of a two-year session, many important new bills have been introduced in 2023 that may affect the energy market, generally, and Pioneer, specifically. Bill measures included in the Legislative Platform will likely be altered in intention, scope, and potential impact through amendments during the 2023 session. Staff will continue to monitor and keep the Board apprised accordingly if recommended positions should be revised. The attached Legislative Platform lists current bills of interest and bill measures being monitored and are not fully inclusive of all the bills on the legislative agenda.

Pioneer Community Energy Legislative Policy
Pioneer supports legislation that enables, protects, and enhances Pioneer’s priorities and ability to serve its customers as determined by the Governing Board of Pioneer.

Pioneer’s priorities are:
• To maintain local control for the purpose of preserving the ability to self-procure its power resources, and to self-determine its rates and the energy programs it offers to its residents, businesses, and the communities it serves, through the mechanisms of local governance • To provide lower and more stable rates for its customers • To provide economic benefits to its customers and the communities it serves • To have maximum flexibility to utilize and develop local resources for economic, social and environmental benefit
Pioneer will support legislation which enables, protects, and enhances the development and expansion of Community Choice Aggregation (CCA) programs, and that supports CCA independence in procurement, program deployment, management and decision making.
fJONEER

COMMUNITY ENERGY
Agenda Item: 4 Agenda Date: 4/20/2023

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Pioneer will support legislation which allows it to development and procure local energy generation resources to meet the needs of its electric customers, particularly biomass and other base load resources such as waste to energy.

Pioneer will support legislation which promotes a neutral, fair, and competitive energy market. Pioneer will oppose legislation that jeopardizes Pioneer’s independence to self-procure its power resources, determine its rates and the energy programs it provides to its customers in the present, or could restrict its independence to do so in the future.

Platform Objectives for 2023
• Protect and enhance local control and ability to self-govern, self-procure power resources, determine rates and energy programs
• Ensure CCA inclusion in market opportunities and programs • Prevent development of new, or increased non-bypassable charges from legislative mandates or policy direction, or other costs to Pioneer or its customers that do not provide commensurate benefit, and to phase out or eliminate existing non-bypassable charges that do not provide commensurate benefit • Protect and enhance procurement independence and local control of CCA governing boards • Protect and enhance independence to administer energy efficiency, integrated distributed energy resources, and to receive the renewable energy credits and other benefits from the administration of such programs
• Protect and enhance the ability to develop local renewable generation from local sources including but not limited to biomass, waste-to-energy, and bio-methane generation resources • Reform IOU procurement practices to minimize stranded load and mitigate non-bypassable charges to CCA customers.
• Protect, support, and participate in the development of energy policy that is balanced, inclusive, and fair for all load serving entities and the customers they serve.

ANALYSIS & DISCUSSION
Pioneer developed the 2023 Pioneer Legislative Policy and Platform based on the legislative policy and objectives mentioned above. All relevant bills were analyzed, summarized, and generally ranked as Support, Watch, or Oppose by staff. The following key bills are the highest priority Assembly and Senate bills introduced this session for Pioneer and have been designated a position of Support, Oppose or Watch, and sometimes denoting, Unless Amended.

Support: Pioneer will support in various ways that may include sponsorship, writing letters of support, lobbying other market participants to support, support through California Community Choice Association (CalCCA), requesting Member Agencies to offer their support, etc.

Oppose: Pioneer will oppose in various ways that may include writing letters of opposition, lobbying other market participants to oppose, oppose through CalCCA, requesting Member Agencies to oppose, etc.

Watch: Pioneer will monitor and continue to watch, offer support, or oppose depending on the direction of the bill.

Agenda Item: 4 Agenda Date: 4/20/2023

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Highest Priority Bills to Support or Oppose in 2023
AB 625, Aguiar-Curry (D) – Forest biomass: management: emissions: energy Impact to Pioneer: Yes
This is a Pioneer co-sponsored bioenergy bill. This bill would establish the Forest Biomass Waste Utilization Program to develop an implementation plan to meet the goals and recommendations of specified statewide forest management plans and to develop a workforce training program to complement workforce needs associated with the implementation plan. The bill would require the submission of an annual report to the Legislature, beginning January 1, 2025, on the progress made on implementing the implementation plan.

This bill would require the Natural Resources Agency to facilitate the inclusion of recommendations for forest biomass waste utilization in state climate adaptation plans.

This bill would require the CEC to prepare and submit a report that evaluates innovative bioenergy technologies that use forest biomass waste and include in the 2025 edition of the integrated policy report, an assessment of the potential for forest biomass waste energy to provide firm renewable power.

This bill would require the state air board, in a report that assesses statewide greenhouse gas emissions associated with wildfire and forest management activities, to include a methodology to quantify the greenhouse gas and short-lived climate pollutant emissions from wildfire, pile burning, and forest management activities.

Finally, this bill would require the CPUC to continue the BioMAT program until implementation of the provisions authorizing CCAs to participate in the program has been resolved and adequate time is given to CCAs to participate in the program.

Priority: High
Recommended Action/Position: Support. Considering Pioneer’s desire to expand the use of biomass and extending the sunset date of the BioMAT Program, Pioneer staff will continue to support this bill and monitor as the session moves forward and take appropriate action as needed per our Legislative Policy and Platform.

AB 704, Jim Patterson (R) – Energy: building standards: photovoltaic requirements Impact to Pioneer: Yes
This bill, until January 1, 2027, would require residential construction intended to repair, restore, or replace a residential building damaged or destroyed as a result of a disaster in an area in which a state of emergency has been proclaimed by the Governor to comply only with requirements regarding photovoltaic systems pursuant to the regulations, if any, that were in effect at the time the damaged or destroyed residential building was originally constructed.

This bill’s provisions would only apply if one or more of the specified conditions are met with respect to the building owner’s income, insurance coverage, or the location or square footage of the construction.

Priority: High
Recommended Action/Position: Support. Pioneer’s service territory has unfortunately seen more than its fair share of wildfires. This bill could relieve local homeowners whose homes were either damaged or destroyed by wildfires from having to install solar on their homes. This bill would require the home to be repaired or replaced based upon the solar installation requirements at the time the home was Agenda Item: 4 Agenda Date: 4/20/2023

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built as opposed to when the home is being repaired or replaced.

AB 998, Connolly (D) – Biomass energy facilities: State Energy Resources Conservation and Development Commission: report
Impact to Pioneer: Yes
This bill would require the CEC, on or before December 31, 2024, to issue a report on utility-scale biomass facilities still in operation as of January 1, 2024, to develop a plan to modernize and save biomass facilities.

This bill would require the report to include a strategy to upgrade biomass combustion facilities, where appropriate, that considers impacts on disadvantaged, rural forested, and agricultural communities, impacts on the ability to maintain existing capacity for managing forest or other excess biomass, the cost of upgrading facilities and financing opportunities, and job creation or job loss that may result from the strategy.

Priority: High
Recommended Action/Position: Support. For CCAs, like Pioneer, that are interested in procuring biomass, this bill could be helpful in finding a path forward for the expansion of the biomass industry that includes modernizing facilities to newer technologies, such as gasification or carbon capture and sequestration.

SB 410, Becker (D) – Powering Up Californians Act
Impact to Pioneer: Yes
This bill would create the Powering Up Californians Act. This bill would declare that in order to meet the state’s decarbonization goals, the state’s electrical distribution systems must be substantially upgraded, new customers must be promptly interconnected, and existing customers must have their service level promptly upgraded.

This bill would require the CEC to establish a working group, before March 1, 2024, to provide advice regarding the development of reasonable average and maximum target interconnection time periods, propose processes that would improve the ability of utilities to be informed well in advance of needed increases in distribution system capacity, and explore options to reduce interconnection time periods.

Priority: High
Recommended Action/Position: Support. Pioneer and other CCAs sent out a survey to its jurisdictions inquiring about interconnection delays. While the most significant delays were outside of Pioneer’s territory, they were within PG&E’s service territory. This is a much broader issue that Pioneer may want to participate in since this issue could affect our territory soon if it is not addressed.

SB 488, Alvarado-Gil (D) – California Renewables Portfolio Standard Program: bioenergy projects: community choice aggregators
Impact to Pioneer: Yes
This is a Pioneer sponsored bioenergy bill. The Legislature in 2016 (SB 859), required IOUs and POUs to procure their proportionate share of 125 MW of biomass energy. Since that time, these contracts have been extended. SB 1109 (Caballero, Statutes of 2022) required the extension of these contracts, except in the circumstances where a contract was entered into and the biomass facility declared bankruptcy or where the contract does not deliver energy to the grid. This means that approximately 30MW of the original 125 would Agenda Item: 4 Agenda Date: 4/20/2023

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never be procured. This bill would allow community choice aggregators to participate in the BioRAM program in instances where the exception in SB 1109 occurred.

Priority: High
Recommended Action/Position: Support. This bill would allow CCAs access to the BioRAM program which helps offset the high cost of biomass and could help to realize the full benefits of 125 megawatts of bioenergy originally intended by the Legislature. Additional benefits include assisting California in treating 1 million acres of forests a year and converting waste into a valuable product (i.e., baseload, renewable energy). Biomass avoids the need for open pile burning, averts significant emissions when compared to wildfires or open pile burning, and is part of a broader strategy to reduce wildfires.

FISCAL IMPACT
None.

ATTACHMENTS
2023 Pioneer Legislative Policy and Platform
2023 State
Legislative Policy
and Platform

PIONEER

COMMUNITY ENERGY
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Pioneer State Legislative Policy and Platform 2023
Pioneer Community Energy Governing Board
Alice Dowdin Calvillo, City of Auburn, Chair
John Hidahl, County of Ed Dorado, Vice Chair
Wes Heathcock, City of Colfax
Tom Ivy, City of Grass Valley
Holly Andreatta, City of Lincoln
Amanda Cortez, Town of Loomis
Gary Petersen, City of Nevada City
Jim Holmes, County of Placer
Suzanne Jones, County of Placer
David Yarbrough, City of Placerville
Greg Janda, City of Rocklin
Alternates:

Rachel Radell-Harris, City of Auburn
Kim Douglass, City of Colfax
Lori Parlin, County of El Dorado
Jan Arbuckle, City of Grass Valley
Dan Karleskint, City of Lincoln
Danny Cartwright, Town of Loomis
Bonnie Gore, County of Placer
John Clerici, City of Placerville
David Bass, City of Rocklin

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Pioneer State Legislative Policy and Platform 2023
Table of Contents
Pioneer Community Energy Governing Board .............................................................................. i Pioneer Community Energy Legislative Policy and Objectives ................................................... 1 Pioneer Community Energy Legislative Policy ........................................................................ 1 Platform Objectives for 2023 .................................................................................................. 1 2023 Legislation ......................................................................................................................... 3 2023 Priority Legislation Summary: ..................................................................................... 3 Highest Priority Active Bills Further Detail ............................................................................ 12 AB 625, Aguiar-Curry (D) – Forest biomass: management: emissions energy .............. .. 12 AB 704, Patterson (R) – Energy: building standards: photovoltaic requirements…………. 12 AB 998, Connolly (D) – Biomass energy facilities: State Energy Resources Conservation and Development Commission: report ............................................................................. 13 SB 410, Becker (D) – Powering Up Californians Act ........................................................ 13 SB 488, Alvarado-Gil (D) – California Renewables Portfolio Standard Program: bioenergy projects: community choice aggregators .......................................................................... 13 Spot Bills ...............................................................................................................................14 Legislative Representatives ...............................................................................................15 Appendix A: 2023 Legislative Session Calendar .......................................................................16 Appendix B: Table of Acronyms ................................................................................................18 1 | Page
Pioneer State Legislative Policy and Platform 2023
Pioneer Community Energy Legislative Policy and Objectives The purpose of this policy and its objectives is to provide guidance and direction for Pioneer staff to allow Pioneer staff to respond in a timely and nimble manner, as changes occur in a dynamic legislative environment.

Pioneer Community Energy Legislative Policy
Pioneer Community Energy supports legislation that enables, protects, and enhances Pioneer’s priorities and ability to serve its customers as determined by the Governing Board of Pioneer Community Energy.

Pioneer’s priorities are:
 To maintain local control for the purpose of preserving the ability to self-procure its power resources, and to self-determine its rates and the energy programs it offers to its residents, businesses, and the communities it serves, through the mechanisms of local governance
 To provide lower and more stable rates for its customers  To provide economic benefits to its customers and the communities it serves  To have maximum flexibility to utilize and develop local resources for economic, social, and environmental benefit
Pioneer will support legislation which enables, protects, and enhances the development and expansion of Community Choice Aggregation (CCA) programs, and that supports CCA independence in procurement, program deployment, management and decision making.

Pioneer will support legislation which allows it to develop and procure local energy generation resources to meet the needs of its electric customers, particularly biomass and other base load resources such as waste to energy.

Pioneer will support legislation which promotes a neutral, fair, and competitive energy market.

Pioneer will oppose legislation that jeopardizes Pioneer’s independence to self-procure its power resources, determine its rates and the energy programs it provides to its customers in the present, or could restrict its independence to do so in the future.

Platform Objectives for 2023
 Protect and enhance local control and ability to self-govern, self-procure power resources, determine rates and energy programs
 Ensure CCA inclusion in market opportunities and programs  Prevent development of new, or increased non-bypassable charges from legislative mandates or policy direction, or other costs to Pioneer or its customers that do not provide commensurate benefit, and to phase out or eliminate existing non-bypassable charges that do not provide commensurate benefit
 Protect and enhance procurement independence and local control of CCA governing boards
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Pioneer State Legislative Policy and Platform 2023
 Protect and enhance independence to administer energy efficiency, integrated distributed energy resources, and to receive the renewable energy credits and other benefits from the administration of such programs
 Protect and enhance the ability to develop local renewable generation from local sources including but not limited to biomass, waste-to-energy, and bio-methane generation resources
 Reform IOU procurement practices to minimize stranded load and mitigate non-bypassable charges to CCA customers  Protect, support, and participate in the development of energy policy that is balanced, inclusive, and fair for all load serving entities and the customers they serve

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Pioneer State Legislative Policy and Platform 2023
2023 Legislation
The following bills have been identified to be of interest or potential interest to Pioneer Community Energy. Each bill has been designated a Priority of High, Medium, or Low and a Position of Support, Oppose or Watch, and sometimes denoting, Unless Amended.

Support: Pioneer will support in various ways that may include co-sponsorship, writing letters of support, lobbying other market participants to support, support through California Community Choice Association (CalCCA), requesting Member Agencies to offer their support, etc.

Oppose: Pioneer will oppose in various ways that may include writing letters of opposition, lobbying other market participants to oppose, oppose through CalCCA, requesting Member Agencies to oppose, etc.

Watch: Pioneer will monitor and continue to watch, offer support, or oppose depending on the direction of the bill.
2023 Priority Legislation Summary:

Active Bills to Support or Oppose:

Bill Author Description Status Priority/Position
AB 625 Aguiar-Curry Among other things, this bill extends the BioMAT program until the
implementation of AB 843 and
adequate time is provided to community
choice aggregators to participate in the
program.

Assembly
Appropriations
High; Support
AB 704 Jim
Patterson
Until January 1, 2027, requires
residential construction intended to
repair, restore, or replace a residential
building damaged or destroyed because
of a disaster in an area in which a state
of emergency has been proclaimed by
the Governor to comply only with
requirements regarding photovoltaic
systems that were in effect at the time
the damaged or destroyed residential
building was originally constructed.

Assembly
Appropriations
High; Support
AB 998 Connolly Requires the CEC to issue a report on
the utility-scale biomass combustion
facilities still in operation as of January
1, 2024. Requires the report to include
various assessments of biomass
combustion facilities that considers
impacts on disadvantaged, rural
forested, and agricultural communities,
impacts on the ability to maintain
existing capacity for managing forest or
other excess biomass, the cost of
upgrading facilities and financing
opportunities, and job creation or job
loss that may result from the strategy.

Assembly
Appropriations
High; Support
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Pioneer State Legislative Policy and Platform 2023
SB 410 Becker Creates the Powering Up Californians
Act and requires the CPUC to establish
a working group to propose processes
that would improve the ability of utilities
to be informed well in advance of
needed increases in distribution system
capacity for future housing
developments, building electrification,
electric vehicle charging infrastructure,
and other activities that require
increased distribution system capacity.

Requires the CPUC to establish
reasonable average and maximum
target interconnection time periods and
certain reporting requirements so that
utility performance can be tracked and
improved. Requires the CPUC to
require a utility to take any remedial
actions necessary to achieve the
CPUC's targets. Requires each utility to
include a detailed analysis of its current
qualified staffing level and future
required qualified staffing level for each
job classification. Requires each utility
to upgrade a distribution circuit under
specified circumstances.

Senate Energy,
Utilities, and
Communications
4/18
High; Support
SB 488 Alvarado-Gil This Pioneer sponsored bill authorizes CCAs to participate in the BioRAM
program for any portion of a local
publicly owned electric utility’s required
proportionate share of 125 MW that was
not procured because of an exemption.

Senate Energy,
Utilities, and
Communications
4/24
High; Support
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Pioneer State Legislative Policy and Platform 2023
Active Bills to Watch:

AB 50 Wood Mandates the CPUC to develop criteria
for the timely service of electrical
customers. Creates a shot clock for large
electrical corporations to deliver service
until the CPUC develops criteria.

Establishes a bill credit if a large electrical
corporation fails to deliver service by the
date of the written commitment to serve.

Assembly
Utilities and
Energy 4/26
Medium; Watch
AB 344 Wood Authorizes electrical corporations, electric service providers, and community choice
aggregators to jointly enter into
agreements to procure electricity
generated from offshore wind facilities.

Assembly
Appropriations
Medium; Watch
AB 538 Holden Delegates to the CEC the ability to
authorize the transformation of the
California Independent System Operator
(CAISO) into a multistate regional
transmission system, if specified
requirements are satisfied.

Assembly
Utilities and
Energy 4/26
Medium; Watch
AB 643 Berman Requires the CPUC to submit a report on
timelines for the interconnection of
customer-sited energy generation and
storage resources and subjects the
negligent exceedance of an
interconnection timeline to a penalty.

Requires an electrical corporation to
provide a substantial response to any
queries from an interconnection applicant
related to the completeness of the
application and the submission of
supporting information to pending
applications within three business days.

Assembly
Utilities and
Energy 4/26
Medium; Watch
AB 772 Jackson Beginning January 1, 2025, requires the
CEC to require that each single-family
residence constructed include a rapid
compact electric vehicle charger and that
each multifamily residence constructed
include sufficient rapid electric vehicle
changers to serve at least 10% of its
residential capacity at any given time.

Requires an electrical corporation and
local publicly owned electric utility to
install an electric vehicle charger at the
homeowner’s property within a
reasonable timeframe of the
homeowner’s request.

Assembly
Utilities and
Energy
Medium; Watch
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Pioneer State Legislative Policy and Platform 2023
AB 914 Friedman Provides a California Environmental
Quality Act (CEQA) exemption for the
expansion or upgrade of an existing
electrical substation or electrical line with
an existing right-of-way as well as the
construction of a new substation or new
electrical line within two miles of a
distributed energy, energy storage, or
renewable generation source. Requires
the lead agency for an electrical
infrastructure project to complete its entire
review within two years,
Referred to
Assembly
Natural
Resources
Medium; Watch
AB 1172 Calderon Requires the CEC to submit a study
analyzing the feasibility of using
commercially viable nuclear fusion to
advance California’s progress towards its
statutory renewable energy and climate
mandates.

Referred to
Assembly
Utilities and
Energy 4/12
Medium; Watch
AB 1358 Muratsuchi Establishes the Tracking Energy
Development Taskforce to develop policy
recommendations to achieve the state’s
goal of having 100% of all retail sales of
electricity to California end-use customers
by the end of 2045.

Referred to
Assembly
Utilities and
Energy 4/26
Medium; Watch
AB 1373 Garcia Requires the assessment of firm zero-carbon resources to be submitted on or before June 20, 2024, and limits the
requirement to evaluate the use of energy
storage in the assessment to an
evaluation of the use of long-duration and
multiday energy storage.

Referred to
Assembly
Utilities and
Energy 4/26
Medium; Watch
AB 1441 Boerner
Horvath
Specifies that a diverse and balanced
portfolio of resources includes an
appropriate mix of renewable capacity,
including peaking, dispatchable,
baseload, firm, and as-available capacity.

Referred to
Assembly
Utilities and
Energy 4/26
Medium; Watch
AB 1538 Muratsuchi Establishes the Clean Energy Reliability Program to provide incentive payments to
qualifying load-service entities that use
eligible resources to exceed their clean
energy capacity requirements or targets,
within or at the end of a given compliance
period. (CPA sponsored).

Referred to
Assembly
Utilities and
Energy 4/12
Medium; Watch
AB 1623 Muratsuchi Requires the CPUC to revise the net
qualifying capacity and effective flexible
capacity methodologies for energy
storage resources.

Assembly
Utilities and
Energy 4/26
Medium; Watch
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Pioneer State Legislative Policy and Platform 2023
SB 57 Gonzalez Requires an electrical corporation, local publicly owned electric utility, water
corporation, or local agency that owns a
public water system to postpone the
disconnection of a customer's residential
services for nonpayment of a delinquent
account when the temperature will be
above or below specified temperatures
within the utility's service area during the
24 hours after that service disconnection
would occur. Requires utilities to notify
customers of this requirement and
requires the CPUC to establish a citation
program for violations.

Senate Energy,
Utilities, and
Communications
Medium; Watch
SB 83 Wiener Requires an electrical corporation to
interconnect a development project within
eight weeks of receiving a notification that
a green tag has been received. Requires
each electrical corporation to annually
report to the CPUC the number of
applicants for and the time in which the
electrical corporation interconnects the
development project. Requires
compensation to a development project
applicant for failing to meet the eight
weeks.

Referred to
Senate Energy,
Utilities and
Communications
Medium; Watch
SB 319 McGuire Requires the CEC, CPUC, and ISO to
implement a joint workplan through
specified proceedings. Requires the
CPUC to incorporate long-term statewide
resource planning efforts led by the CEC
into its proceedings. Requires the ISO to
provide the CPUC with an assessment of
transmission planning needs. Requires
the CPUC to incorporate ISO-provided
transmission information into its
considerations. Requires the CPUC to
provide direction to pursue resources with
the operational characteristics and
geographic locations consistent with the
resources planning conducted. Requires
the ISO to prioritize interconnection
process activities that support resources
with operational characteristics and
geographic locations. Requires the CEC,
CPUC and ISO to develop an expedited
permitting roadmap with timeframes and
milestones. Requires each electrical
corporation to annually review its long-term transmission infrastructure needs for the subsequent 10 years.

Pending Referral Medium; Watch
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Pioneer State Legislative Policy and Platform 2023
SB 420 Becker Requires the Governor to identify a lead
agency to monitor electrical transmission
facility planning and deployment. Makes
that agency the lead agency for purposes
of CEQA and deems those projects to be
environmental leadership development
projects for purposes of the Jobs and
Economic Improvement Through
Environmental Leadership Act of 2021.

Requires the CPUC, in proceedings to
evaluate the issuance of certificates of
public convenience and necessity for
those projects, to establish a rebuttable
presumption about the need for the
project in favor of an ISO governing
board-approved need evaluation if certain
requirements related to the ISO are
satisfied.

Referred to
Senate
Environmental
Quality
Medium; Watch
SB 604 Wilk Requires the CEC to prepare a statewide
assessment of the supply needs for
transmission and distribution
infrastructure and equipment that is
necessary to achieve carbon neutrality by
2045. Requires the CEC to update the
assessment every three years.

Pending referral Medium; Watch
SB 619 Padilla Expands the facilities eligible to be
certified by the CEC to include electrical
transmission lines carrying electricity from
certain other facilities that are in the state,
regardless of whether the electricity is
carried to a point of junction with any
interconnected electrical transmission
system. Requires the CEC to give priority
to electrical transmission facilities if the
applicant certifies that a capital
investment of at least $250 million will be
made in within five years.

Referred to
Senate Energy,
Utilities, and
Communications
Medium; Watch
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Pioneer State Legislative Policy and Platform 2023
2022 Bills Signed by Governor and Chaptered by the Secretary of State SB 1109 Caballero Extends to December 31, 2023, the electrical corporations’ obligation to collectively procure
their proportionate share of 125 megawatts of
cumulative rated generating capacity from
existing bioenergy projects commencing
operation before June 1, 2013, through financial
commitments of five to 15 years. Exempts a
local publicly owned electric utility that
previously entered into a five-year financial
commitment under certain conditions from
complying with these requirements. The bill
would require any incremental procurement of
electricity products from bioenergy resources by
a new contract or contract extension of five
years or longer in duration to be from a
resource that meets emission limits equivalent
to, or more stringent than, the applicable best
available retrofit control technology. Requires
those entities with a contract to procure
electricity generated from biomass that expires
or expired on or before December 31, 2028, to
seek to amend the contract to include, or seek
approval for a new contract that includes, an
expiration date five years later than the
expiration date in the contract that was
operative in 2022.

Signed by
Governor
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Pioneer State Legislative Policy and Platform 2023
2022 Dead Bills
AB 1814 Grayson This CalCCA sponsored bill would have allowed CCAs the same access as the IOUs to future
transportation electrification funding and to file
applications for programs and investments to
accelerate widespread transportation
electrification to reduce dependence on
petroleum, meet air quality standards, achieve
various climate goals.

Dead
AB 1956 Mathis This bill would have created a five-year woody biomass rural county collection and disposal
pilot program. Funding would have been
awarded to participating counties with a total
population of less than 250,000 for the purpose
of conducting community collection days on
which individuals could dispose of woody
biomass and other source-separated biomass
free of charge. Counties awarded funding would
have been required to contract with a local
compost facility, mulch production facility, or
biomass conversion facility to collect and to
process or convert the biomass in a way that
resulted in less greenhouse gas emitted than if
the biomass had been disposed of.

Dead
AB 2878 Aguiar-Curry This bill would have established the Forest Waste Biomass Utilization Program and
required the Natural Resources Agency to
facilitate integration of recommendations for
forest biomass waste utilization in relevant,
state climate adaptation plans. This bill would
have required the CEC to prepare and submit a
report to the Legislature that evaluates
innovative bioenergy technologies that utilize
forest biomass waste. This bill would have
required the state air board to include a
methodology to quantify the greenhouse gas
and short-lived climate pollutant emissions from
wildfire, pile burning, and forest management
activities.

Dead
SB 612 Portantino This CalCCA sponsored bill would have required the CPUC to require IOUs to offer to
CCAs and ESPs an allocation of product
attributes from legacy electrical resources paid
for through exit fees of the departing load. The
bill defined these product attributes as
requirements of the RPS Program, RA,
resources that do not emit greenhouse gases,
and other attributes that have regulatory
compliance or other identified market value.

Dead
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Pioneer State Legislative Policy and Platform 2023
SB 833 Dodd The bill would have required the CEC to
develop and implement a grant program for
local governments to develop community
energy resilience plans and expedite permit
review of distributed energy resources by local
governments. The bill would have required a
plan to identify critical facilities, locations, and
facilities where microgrids or other distributed
energy sources could meet local resilience
needs, and potential funding sources for
implementing projects in the plan.

Dead
SB 881 Min This bill would have required the CPUC to
require each LSE to undertake sufficient
procurement to achieve a diverse, balanced,
and reliable statewide portfolio and realize
specified electricity sector greenhouse gas
emissions reductions. This bill would have
authorized the CPUC to assess penalties to
LSEs that fail to satisfy procurement obligations
and additional procurement to satisfy unmet
needs. Costs of additional procurement would
have been allocated to customers of LSEs that
failed to satisfy their procurement obligations.

Dead
SB 1287 Bradford This bill would have required the posted Financial Security Requirement (FSR) amount,
or demonstrated insurance amount, at the time
of registration by an ESP or CCA to be no less
than $500,000, rather than the current amount
of $147,000. The bill would have also required
the CPUC to update the FSR for ESPs and
CCAs to instead include costs for no less than
12 months of incremental procurement incurred
by the provider of last resort, upon the
customers’ involuntary return.

Dead
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Pioneer State Legislative Policy and Platform 2023
Highest Priority Active Bills Further Detail
AB 625, Aguiar-Curry (D) – Forest biomass: management: emissions: energy Impact to Pioneer: Yes
This bill would establish the Forest Biomass Waste Utilization Program to develop an implementation plan to meet the goals and recommendations of specified statewide forest management plans and to develop a workforce training program to complement workforce needs associated with the implementation plan. The bill would require the submission of an annual report to the Legislature, beginning January 1, 2025, on the progress made on implementing the implementation plan.

This bill would require the Natural Resources Agency to facilitate the inclusion of recommendations for forest biomass waste utilization in state climate adaptation plans.

This bill would require the CEC to prepare and submit a report that evaluates innovative bioenergy technologies that use forest biomass waste and include in the 2025 edition of the integrated policy report, an assessment of the potential for forest biomass waste energy to provide firm renewable power.

This bill would require the state air board, in a report that assesses statewide greenhouse gas emissions associated with wildfire and forest management activities, to include a methodology to quantify the greenhouse gas and short-lived climate pollutant emissions from wildfire, pile burning, and forest management activities.

Finally, this bill would require the CPUC to continue the BioMAT program until implementation of the provisions authorizing CCAs to participate in the program has been resolved and adequate time is given to CCAs to participate in the program.

Priority: High
Recommended Action/Position: Support. Considering Pioneer’s desire to expand the use of biomass and extending the sunset date of the BioMAT Program, Pioneer staff will continue to support this bill and monitor as the session moves forward and take appropriate action as needed per our Legislative Policy and Platform.

AB 704, Jim Patterson (R) – Energy: building standards: photovoltaic requirements Impact to Pioneer: Yes
This bill, until January 1, 2027, would require residential construction intended to repair, restore, or replace a residential building damaged or destroyed as a result of a disaster in an area in which a state of emergency has been proclaimed by the Governor to comply only with requirements regarding photovoltaic systems pursuant to the regulations, if any, that were in effect at the time the damaged or destroyed residential building was originally constructed.

This bill’s provisions would only apply if one or more of the specified conditions are met with respect to the building owner’s income, insurance coverage, or the location or square footage of the construction.

Priority: High
Recommended Action/Position: Support. Pioneer’s service territory has unfortunately seen more than its fair share of wildfires. This bill could relieve local homeowners whose homes were either damaged or destroyed by wildfires from having to install solar on their homes. This bill would require the home to be repaired or replaced based upon the solar installation requirements at the time the home was built as opposed to when the home is being repaired or replaced. -
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Pioneer State Legislative Policy and Platform 2023
AB 998, Connolly (D) – Biomass energy facilities: State Energy Resources Conservation and Development Commission: report
Impact to Pioneer: Yes
This bill would require the CEC, on or before December 31, 2024, to issue a report on utility-scale biomass facilities still in operation as of January 1, 2024, to develop a plan to modernize and save biomass facilities. This bill would require the report to include a strategy to upgrade biomass combustion facilities, where appropriate, that considers impacts on disadvantaged, rural forested, and agricultural communities, impacts on the ability to maintain existing capacity for managing forest or other excess biomass, the cost of upgrading facilities and financing opportunities, and job creation or job loss that may result from the strategy.

Priority: High
Recommended Action/Position: Support. For CCAs, like Pioneer, that are interested in procuring biomass, this bill could be helpful in finding a path forward for the expansion of the biomass industry that includes modernizing facilities to newer technologies, such as gasification or carbon capture and sequestration.

SB 410, Becker (D) – Powering Up Californians Act
Impact to Pioneer: Yes
This bill would create the Powering Up Californians Act. This bill would declare that in order to meet the state’s decarbonization goals, the state’s electrical distribution systems must be substantially upgraded, new customers must be promptly interconnected, and existing customers must have their service level promptly upgraded.

This bill would require the CEC to establish a working group, before March 1, 2024, to provide advice regarding the development of reasonable average and maximum target interconnection time periods, propose processes that would improve the ability of utilities to be informed well in advance of needed increases in distribution system capacity, and explore options to reduce interconnection time periods.

Priority: High
Recommended Action/Position: Support. Pioneer and other CCAs sent out a survey to its jurisdictions inquiring about interconnection delays. While the most significant delays were outside of Pioneer’s territory, they were within PG&E’s service territory. This is a much broader issue that Pioneer may want to participate in since this issue could affect our territory in the near future if it is not addressed.

SB 488, Alvarado-Gil (D) – California Renewables Portfolio Standard Program: bioenergy projects: community choice aggregators
Impact to Pioneer: Yes
The Legislature in 2016 (SB 859), required IOUs and POUs to procure their proportionate share of 125 MW of biomass energy. Since that time, these contracts have been extended. SB 1109 (Caballero, Statutes of 2022) required the extension of these contracts, except in the circumstances where a contract was entered into, and the biomass facility declared bankruptcy or where the contract does not deliver energy to the grid. This means that approximately 30MW of the original 125 would never be procured. This bill would allow community choice aggregators to participate in the BioRAM program in instances where the exception in SB 1109 occurred.

Priority: High
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Pioneer State Legislative Policy and Platform 2023
Recommended Action/Position: Support. This bill would allow CCAs access to the BioRAM program which helps offset the high cost of biomass and could help to realize the full benefits of 125 megawatts of bioenergy originally intended by the Legislature. Additional benefits include assisting California in treating 1 million acres of forests a year and converting waste into a valuable product (i.e., baseload, renewable energy). Biomass avoids the need for open pile burning, averts significant emissions when compared to wildfires or open pile burning, and is part of a broader strategy to reduce wildfires.

Spot Bills
There are currently numerous Spot Bills, not included in this document, in both the Assembly and the Senate being monitored by Pioneer staff. Spot bills make technical, non-substantive changes in the law and function as a placeholder for a later proposal, and they must be amended prior to being heard in a committee. As these bills are amended, the Board will be apprised of potential impact to Pioneer and CCAs as appropriate. -
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Pioneer State Legislative Policy and Platform 2023
Legislative Representatives
Senate
Brian Dahle – District 1
Capitol Office: 1021 O Street, Room 7230, Sacramento, CA 95814 (916) 651-4001
District Office: 1320 Yuba Street, Suite 102, Redding, CA 96001; (530) 224-7001 11230 Gold Express Drive, Suite 304, Gold River, CA 95670; (916) 464-4201 100 North Market Street, Bieber, CA 96009; (530) 294-5000

Marie Alvarado-Gil – District 4
Capitol Office: 1021 O Street, Room 7240, Sacramento, CA 95814 (916) 651-4004
District Office: 1020 15th Street, Suite 21, Modesto, CA 95354; (209) 576-6001 460 Sutter Hill Rd., Suite C, Sutter Creek, CA 95685. (209) 267-5033 Roger Niello – District 6
Capitol Office: 1021 O Street, Room 7110, Sacramento, CA 95814 (916) 651-4006
District Office: 2200A Douglas Blvd., Suite 100, Roseville, CA 95661; (916) 772-0571 Assembly
Megan Dahle – District 1
Capitol Office: 1021 O Street, Suite 5710, Sacramento, CA 95814 (916) 319-2001
District Office: 113 Presley Way, Suite 2, Grass Valley, CA 95945; (530) 265-0601 280 Hemsted Drive, Suite 110, Redding CA 96002; (530) 223-6300 Joe Patterson – District 5
Capitol Office: 1021 O Street, Suite 4530, Sacramento, CA 95814 (916) 319-2005
District Office: 8799-A Auburn Folsom Road, Granite Bay, CA 95746; (916) 774-4430 16 | Page
Pioneer State Legislative Policy and Platform 2023
Appendix A: 2023 Legislative Session Calendar
January Deadlines:

Jan. 1 Statutes take effect
Jan. 4 Legislature reconvenes
Jan. 10 Budget must be submitted by Governor
Jan. 20 Last day to submit bill requests to the Office of Legislative Counsel

February Deadlines:

Feb. 17 Last day for bills to be introduced
March Deadlines:

March 30 Spring Recess begins upon adjournment
April Deadlines:

Apr. 10 Legislature reconvenes from Spring Recess
Apr. 28 Last day for policy committees to hear and report to fiscal committees’ fiscal bills introduced in their house
May Deadlines:

May 5 Last day for policy committees to meet and report to the floor non-fiscal bills introduced in their house
May 12 Last day for policy committees to meet prior to June 5 May 19 Last day for fiscal committees to meet and report to the floor bills introduced in their house
Last day for fiscal committees to meet prior to June 5
May 30-June 2 Floor session only. No committee may meet for any purpose except for Rules Committee, bills referred pursuant to A.R. 77.2, and Conference Committees
May 31 Committee meetings may resume

June Deadlines:

June 2 Last day for each house to pass bills introduced in that house June 5 Committee meetings may resume
June 15 Budget Bill must be passed by midnight
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Pioneer State Legislative Policy and Platform 2023
July Deadlines:

July 14 Last day for policy committees to meet and report bills Summer Recess begins on adjournment, provided Budget Bill has been passed
August Deadlines:

Aug. 14 Legislature reconvenes from Summer Recess
September Deadlines:

Sept. 1 Last day for fiscal committees to meet and report bills Sept. 5-14 Floor session only—no committee may meet for any purpose, except Rules Committee, bills referred pursuant to Assembly Rule 77.2, and Conference Committees
Sept. 8 Last day to amend bills on floor
Sept. 14 Last day for each house to pass bills. Interim Recess begins upon adjournment
Important Dates Occurring During Interim Recess:
2023
Oct. 14 Last day for Governor to sign or veto bills passed by the Legislature on or before Sept. 14 and in the Governor's possession on or after Sept. 14 2024
Jan. 1 Statutes take effect
Jan. 3 Legislature reconvenes
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Pioneer State Legislative Policy and Platform 2023
Appendix B: Table of Acronyms
AB Assembly Bill ES Enemv Storage Plans)
AL Advice Letter ESA Ener<>v Storage Agreements PAC Public Agency Coalition ALJ Administrative Law Judge ESP Electric Service Provider PAM Portfolio Allocation Methodology ARB Air Resources Board EV Electric Vehicle PCE Peninsula Clean Energy Authority AReM Alliance for Retail Energy Markets FCR F1exi ble Capacity Requirements PCIA Power Charge Indifference Adiustrnent BavREN Bav Area Regional Enernv Network GHG Greenhouse Gas PD Proo osed Decision CAISO California Independent System Operator GRC General Rate Case PG&E Pacific Gas & Electric CalCCA California Community Choice Association GTSR Green Tariff Shared Renewables PHC Prehearing Conference CALSEIA California Solar Energy Industries !CA Integration Caoacitv Analvsis PPA Power Purchase Agreement Association IDER Integrated Distributed EnemY Resources PRP Priority Review Project CALSLA California City County Street Light IDSM Integrated Demand-Side Management PRRR Progress On Residential Rate Reform Association IEP Indeoendent Energy Producers PUC Public Utilities Code CAM Cost Allocation Mechanism IMO Independent Marketing Division PURPA Public UWities Regulatorv Policy Act CARE California Alternate Rates for Energy IOU Investor Owned Utility RA Resource Adequacy CBE Communities for a Better Environment !RP Integrated Resource Planning RAM Renewables Auction Mechanism CCA Community Choice Aggregator LCE Lancaster Choice Energy REC Renewable Energy Credit CCSF City and County of San Francisco LCFS Low Carbon Fuel Standard RES-BCT Renewable Energy Self-Generation Bill CEC California Energy Commission LCR Local (RA) Capacity Requirements Credit Transfer CEE Coalition for Energy Efficiency LNBA Locational Net Benefits Analysis RFO Reauest for Offers CLECA California Large Energy Consumers LSE Load-Serving Entity RICA Renewable Integration Cost Adder Association LTPP Long- Term Procurement Rulemaking RPS Renewables Portfolio Standard CPUC California Public Utilities Commission MCE Marin Clean Energy SB Senate Bill DA Direct Access MEO Marketing, Education And Outreach SCE Southern California Edison DACC Direct Access Customer Coalition MW Megawatt SCP Sonoma Clean Power Authority DER Distributed Energy Resources
DR Demand Response
DRP Distributed Resource Plans
NAESCO National Association of Energy Service
Companies
NOA Non-Disclosure Agreement
SDG&E San Diego Gas & Electric
SGIP Self-Generation Incentive Program
DWR Deoartrnent of Water Resources NEM Net Energy Metering SUE Suoer User Electric ECR Enhanced Community Renewable NBC Non-Bypassable Charge SVCE Silicon Valley Clean EnemY ED Energy Division NRDC Natural Resources Defense Council TE Transportation Electrification EE Energv Efficiencv OIR Order Instituting Rulemaking TM Tree Mortality ELCC Effective Load Canving Capacity osc Order to Show Cause TOU Time-of-Use EPIC Electric Program Investment Charge ORA Office of Ratepayer Advocates TURN The Utility Reform Network ERRA Energy Resource Recoverv Account PA Program Administrator (for EE Business

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