Bill Text: CA SB1432 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Electricity: resource adequacy requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2022-09-28 - In Senate. Consideration of Governor's veto pending. [SB1432 Detail]

Download: California-2021-SB1432-Amended.html

Amended  IN  Assembly  June 30, 2022
Amended  IN  Assembly  June 15, 2022
Amended  IN  Senate  March 16, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1432


Introduced by Senator Hueso

February 18, 2022


An act to amend Section 380 of of, and to add Section 380.3 to, the Public Utilities Code, relating to electricity.


LEGISLATIVE COUNSEL'S DIGEST


SB 1432, as amended, Hueso. Electricity: resource adequacy requirements: electric service providers and distributed energy resources. requirements.
Existing law requires the Public Utilities Commission, in consultation with the Independent System Operator, to establish resource adequacy requirement for all load-serving entities, including community choice aggregators and electric service providers. defined as including electrical corporations, electric service providers, and community choice aggregators. Existing law requires the resource adequacy program to achieve certain objectives, including, among other objectives, maximizing the ability of community choice aggregators to determine the generation resources used to serve their customers.
This bill would revise and recast the objectives of the resource adequacy program. The bill would require the commission to analyze, compile, and publish on its internet website an annual report on the compliance status of load-serving entities.
Existing law requires the commission to determine and authorize the most efficient and equitable means for achieving certain goals, including meeting the resource adequacy requirement objectives, ensuring that community choice aggregators can determine the generation resources used to service their customers, and minimizing the need for backstop procurement by the Independent System Operator. customers.
This bill would include, as goals, additionally require the commission to determine and authorize the most efficient and equitable means for ensuring that electric service providers can determine the generation resources used to serve their customers and ensuring that the cost of backstop procurement by the Independent System Operator and associated greenhouse gas attributes are equitably allocated. customers. The bill would also require the Independent System Operator to ensure that the cost of backstop procurement and associated greenhouse gas attributes are equitably allocated.

This bill would authorize the commission to adopt a capacity valuation methodology and applicable rules and criteria for distributed energy resources if the Independent System Operator completes a deliverability assessment of the capacity available to the electrical grid from distributed energy resources, as provided.

This bill would require the commission, in coordination with the Independent System Operator, in a new or existing proceeding, to develop a pilot program for aggregated customer-sited zero-emission distributed energy resources, as defined, to assess the value of potential energy exports from those resources for purposes of fulfilling the requirements of the resource adequacy program, as specified.
Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.
To the extent that certain provisions of this bill would require an order, decision, rule, direction, demand, or requirement of the commission to implement, the bill would impose a state-mandated local program by creating new crimes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 380 of the Public Utilities Code is amended to read:

380.
 (a) The commission, in consultation with the Independent System Operator, shall establish resource adequacy requirements for all load-serving entities.
(b) In establishing resource adequacy requirements, the commission shall ensure the reliability of electrical service in California while advancing, to the extent possible, the state’s goals for clean energy, reducing air pollution, and reducing emissions of greenhouse gases. The resource adequacy program shall achieve all of the following objectives:
(1) Facilitate development of new generating, nongenerating, and hybrid capacity and retention of existing generating, nongenerating, and hybrid capacity that is economic and needed.
(2) Establish new, or maintain existing, demand response and distributed energy products and tariffs that facilitate the economic dispatch and use of demand response and distributed energy products that can either meet or reduce a load-serving entity’s resource adequacy requirements, as determined by the commission.
(3) Equitably allocate the cost of generating capacity and demand response in a manner that prevents the shifting of costs between customer classes.
(4) Minimize enforcement requirements and costs.
(5) Maximize the ability of community choice aggregators and electric service providers to determine the resources used to serve their customers.
(6) Incorporate industry planning standards when setting compliance obligations.
(c) Each load-serving entity shall maintain physical generating capacity and electrical demand response adequate to meet its load requirements, including, but not limited to, peak demand and planning and operating reserves. The generating capacity or electrical demand response shall be deliverable to locations and at times as may be necessary to maintain electrical service system reliability, local area reliability, and flexibility.
(d) Each load-serving entity shall, at a minimum, meet the most recent minimum planning reserve and reliability criteria approved by the board of directors of the Western Systems Coordinating Council or the Western Electricity Coordinating Council.
(e) (1)  The commission shall implement and enforce the resource adequacy requirements established in accordance with this section in a nondiscriminatory manner. Each load-serving entity shall be subject to the same requirements for resource adequacy and the renewables portfolio standard program that are applicable to electrical corporations pursuant to this section, or otherwise required by law, or by order or decision of the commission. The commission shall exercise its enforcement powers to ensure compliance by all load-serving entities.
(2) The commission shall analyze, compile, and publish on its internet website an annual report on the compliance status of load-serving entities.
(f) The commission shall require sufficient information, including, but not limited to, anticipated load, actual load, and measures undertaken by a load-serving entity to ensure resource adequacy, to be reported to enable the commission to determine compliance with the resource adequacy requirements established by the commission.
(g) An electrical corporation’s costs of meeting or reducing resource adequacy requirements, including, but not limited to, the costs associated with system reliability, local area reliability, and flexibility, that are determined to be reasonable by the commission, or are otherwise recoverable under a procurement plan approved by the commission pursuant to Section 454.5, shall be fully recoverable from those customers on whose behalf the costs are incurred, as determined by the commission, at the time the commitment to incur the cost is made, on a fully nonbypassable basis, as determined by the commission. The commission shall exclude any amounts authorized to be recovered pursuant to Section 366.2 when authorizing the amount of costs to be recovered from customers of a community choice aggregator or from customers that purchase electricity through a direct transaction pursuant to this subdivision.
(h) The commission shall determine and authorize the most efficient and equitable means for achieving all of the following:
(1) Meeting the objectives of this section.
(2) Ensuring that investment is made in new generating capacity.
(3) Ensuring that existing generating capacity that is economic is retained.
(4) Ensuring that the cost of generating capacity and demand response is allocated equitably.
(5) Ensuring that community choice aggregators and electric service providers can determine the generation resources used to serve their customers.
(6) Ensuring that investments are made in new and existing demand response resources that are cost effective and help to achieve electrical grid reliability and the state’s goals for reducing emissions of greenhouse gases.
(7) Minimizing the need for backstop procurement by the Independent System Operator and ensuring that the cost of backstop procurement and associated greenhouse gas attributes are equitably allocated. Operator.
(i) In making the determination pursuant to subdivision (h), the commission may consider a centralized resource adequacy mechanism among other options.
(j) The commission shall ensure appropriate valuation of both supply and load modifying demand response resources. The commission, in an existing or new proceeding, shall establish a mechanism to value load modifying demand response resources, including, but not limited to, the ability of demand response resources to help meet distribution needs and transmission system needs and to help reduce a load-serving entity’s resource adequacy obligation pursuant to this section. In determining this value, the commission shall consider how these resources further the state’s electrical grid reliability and the state’s goals for reducing emissions of greenhouse gases. The commission, Energy Commission, and Independent System Operator shall jointly ensure that changes in demand caused by load modifying demand response are expeditiously and comprehensively reflected in the Energy Commission’s Integrated Energy Policy Report forecast, and in planning proceedings and associated analyses, and shall encourage reflection of these changes in demand in the operation of the grid.

(k)If the Independent System Operator completes a deliverability assessment of the capacity available to the electrical grid from distributed energy resources, the commission may adopt a capacity valuation methodology and applicable rules and criteria for distributed energy resources to meet the goals of this section.

(k) The Independent System Operator shall ensure that the cost of backstop procurement and associated greenhouse gas attributes are equitably allocated.
(l) For purposes of this section, “load-serving entity” means an electrical corporation, electric service provider, or community choice aggregator. “Load-serving entity” does not include any of the following:
(1) A local publicly owned electric utility.
(2) The State Water Resources Development System commonly known as the State Water Project.
(3) Customer generation located on the customer’s site or providing electric service through arrangements authorized by Section 218, if the customer generation, or the load it serves, meets one of the following criteria:
(A) It takes standby service from the electrical corporation on a commission-approved rate schedule that provides for adequate backup planning and operating reserves for the standby customer class.
(B) It is not physically interconnected to the electrical transmission or distribution grid, so that, if the customer generation fails, backup electricity is not supplied from the electrical grid.
(C) There is physical assurance that the load served by the customer generation will be curtailed concurrently and commensurately with an outage of the customer generation.

SEC. 2.

 Section 380.3 is added to the Public Utilities Code, to read:

380.3.
 The commission, in coordination with the Independent System Operator, in a new or existing proceeding, shall develop a pilot program for aggregated customer-sited zero-emission distributed energy resources, as defined in Section 8370, to assess the value of potential energy exports from those resources for purposes of fulfilling the requirements of the resource adequacy program, pursuant to Section 380. The commission shall, at a minimum, design the pilot program so that it addresses the eight issues outlined in Section 3.6 of commission Decision 22-06-050 (June 23, 2022) Decision Adopting Local Capacity Obligations for 2023–2025, Flexible Capacity Obligations for 2023, and Reform Track Framework.

SEC. 2.SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
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