October 2010

Welcome to the inaugural version of our e-newsletter.  With our move to up-to-date technology, we hope to put out the newsletter more often.  This newsletter provides an update on issues before State energy and environmental regulators - the California Public Utilities Commission ("CPUC"), the California Energy Commission ("CEC"), and the California Air Resources Board.  These are issues the Board of the Local Government Sustainable Energy Coalition (LGSEC), in consultation with our members, has determined are of key interest to the group.


In This Issue
Other Ways to Do Municipal Finance
Energy Update California Takes the Stage
CEC Looks at Stimulus Funds and Energy Efficiency
Air Board Slows Down on Cap and Trade
Upcoming Events
Quarterly Energy Managers Meeting: Friday November 19
StopWaste.org
Oakland, California
Local Governments Explore Alternatives for Funding Municipal Finance Programs
In the wake of the ruling this summer from the Federal Home Financing Authority that voided Property Assessed Clean Energy ("PACE") programs, LGSEC members explored other ways to help local governments and property owners finance investments in energy efficiency technology and clean energy. 
 
Joint Powers Authority
 
At the August quarterly meeting in Los Angeles, the group heard a presentation from Laura Franke with Clean Energy Advocates. Franke is a financier, with a background in school bonds, who is looking at how public entities can afford to undertake energy projects.  Franke's proposal is that local governments should form a joint powers authority(s) ("JPA") with the express mission of installing energy projects.  The JPA can issue revenue bonds supported by the underlying jurisdictions' obligations.  The advantage of a JPA is it allows small and medium local governments, which may have limited project sizes, to pool their projects and issue a larger bond.  This in turn provides lower cost access to the financial markets.  The minimum number Franke recommends for a bond issuance is $10 million.  Franke's presentation, along with other presentations from the August meeting, will be available soon on the LGSEC web site.
 
Creativity in Huntington Beach
 
Aaron Klemm, energy manager with the City of Huntington Beach and LGSEC member, made a presentation on how he is financing energy efficiency projects in Huntington Beach.  Huntington Beach is accessing $1 million in Energy Efficiency Community Block Grants for retrofits in municipal buildings.  The City has engaged an energy service company, and is willing to sue up to 50% of the savings from the project to offset the financing cost.  Huntington Beach also is taking advantage of an enabling agreement employed by the California State University (where Klemm used to work), which is open to other government entities.  The enabling agreement can be tapped to help underwrite bonds, and also to pay back the City's general fund.  Huntington Beach also will be taking advantage of utility on-bill financing.  In addition, Klemm is pushing the City to establish an energy savings reinvestment policy (aka revolving fund). 
California Public Utilities Commission
ENERGY EFFICIENCY
 
CPUC and CEC Host Whole House Workshop
 
On Thursday, October 7, the California Public Utilities Commission and the California Energy Commission held an all-party meeting on rollout of the "whole house" energy efficiency program.  In addition to a statewide program on which the utilities are working jointly, each utility has its own version of a whole house program for 2010-2012.  Speakers at the workshop highlighted the new Energy Upgrade California web site, a one-stop site for customers who want to learn more about energy efficiency opportunities.  The County of Los Angeles, a founding member of the LGSEC, has been actively involved in developing Energy Upgrade California. Melinda Barrett from the County of LA made an excellent presentation at the workshop on the marketing approach for Energy Upgrade California. Check out the new site at www.energyupgradecalifornia.com/.  Another theme of the workshoip was determination on the part of both agencies to find other ways to support municipal finance programs, with greater engagement from the private sector.
 
LGSEC and the Smart Grid
 
As part of its ongoing proceeding on how to best deploy the "Smart Grid," the CPUC in late September called for comments on how customer energy usage data can be appopriately shared.  The LGSEC has been vigilant in other CPUC proceedings in advocating that utilities must provide us with energy usage data in an easy-to-use format so we can better design our energy efficiency and climate action programs.  With significant lifting from LGSEC member Shawn Thompson, with the City of Irvine, we have joined the Smart Grid proceeding to further our goal of better access to comprehensive data.
 
Lighting - It's in the Plan!
 
In September, the CPUC adopted an additional chapter to the California Energy Efficiency Strategic Plan (Decision 10-09-027 in Rulemaking 09-11-014).  The new chapter focuses on lighting, with a vision that "by 2020, advanced products and best practices will transform the California lighting market.  This transformation will achieve a 60-80 percent reduction in statewide electrical lighting energy consumption by delivering advanced lighting systems to all buildings."  There are no specific roles for local government in this new lighting chapter, but there will undoubtedly be task forces and research projects.  For more information, check out http://docs.cpuc.ca.gov/PUBLISHED/NEWS_RELEASE/123803.htm.
 
 
Debate Continues Over Utility Incentives for Energy Efficiency
 
In late September, Administrative Law Judge Tom Pulsifer recommended that the investor-owned utilities should not receive any further awards for their 2006-2008 energy efficiency programs. The utilities have already been granted about $144 million in energy efficiency incentives; the energy efficiency portfolio for 2006-2008 was about $2.1 billion.  Under the complex process by which the CPUC determines whether utilities should receive incentives, there are a series of true-ups based on reports of the actual amount of energy savings achieved during the program period.  A final report on the 2006-2008 program released several months ago from the CPUC Energy Division found the utilities did not achieve their goals, and in fact had been overpaid.  The utilities argue they should receive an additional $108 million in incentives.  An Alternate Decision from Commission John Bohn would grant them $77.3 million: $40.3 million for PG&E, $.27.1 million for Southern California Edison, $6 million for San Diego Gas & Electric, and $3.9 million for Southern California Gas.  Parties are submitting comments and reply comments. The CPUC could vote on this matter October 28.  
 
 

RENEWABLE ENERGY
 
Tradable Renewable Energy Credits, Back and Better Than Ever
 
In March, the CPUC approved the use of Tradable Renewable Energy Credits ("TRECs") to meet renewable portfolio standard ("RPS") goals.  The March decision (D.10-03-021) allowed the utilities to use TRECs for up to 25% of their required RPS obligation.  In May, the CPUC and stayed its own decision from two months earlier.  In August, the CPUC issued a new version of the TREC program in a Proposed Decision from CPUC President Peevey.  This version would allow TRECs to meet up to 40% of the RPS obligation.  The utilities like the higher limit, saying it will give them more flexibility in meeting the RPS.  Other groups, particularly the Utility Reform Network, are very opposed to the revised TREC program, citing concern that it will not lead to the construction of any new renewable resources in California.  Parties have submitted comments and reply comments on the Proposed Decision, and it should appear on the CPUC agenda October 28.  
 
Renewable Auction Mechanism - Can it be a Feed-in Tariff?
 
In August, the CPUC issued a Proposed Decision for a Renewable Auction Mechanism ("RAM").  Billed as a mechanism for getting more renewable distributed generation onto the grid, the RAM would establish a new bidding program for projects up to 20 MW.   Under the RAM, utilities would take projects starting with those that are lowest priced, up to a pre-determined program capacity limit.  Many parties had argued for many years that the CPUC should adopt a feed-in tariff modeled on those used successfully in Europe, whereby prices are set for different renewable technologies.  The RAM does not offer the price-certainty that many small projects believe they need in order to secure financing.
 
In comments on the Proposed Decision filed last week, the RAM idea is disliked by many parties, including TURN, environmental groups such as the Sierra Club and Sustainable Conservation, the Center for Energy Efficiency and Renewable Technologies, and some of the solar trade groups.  Most of these entities prefer different model for small, renewable distributed generation that is easier to access and offers certainty.  The utilities also dislike the RAM idea.  They claim the CPUC does not have the jurisdiction for this type of program, and believe it is duplicative of their ongoing efforts to procure renewable energy.
 
The CPUC is under order from the Legislature to expand the current fixed-price contract from small projects from a size limit of 1.5 MW to 3 MW, but has yet to implement Senate Bill 32, which was signed into law in October 2009. Several parties criticized the CPUC for its failure to move on SB 32. 
 
The CPUC could vote on the RAM Proposed Decision at its November 19 business meeting.
  
Expanding Self-Generation Incentive Program
 
The CPUC has established a timeline for determining which technologies can be added to the Self-Generation Incentive Program.  This program provides incentive payments to certain renewable technologies.  Senate Bill 412 (2009) orders the CPUC to determine, based on greenhouse gas emissions, additional renewable technologies that should allowed to participate.  The Self-Generation Incentive Program has included various renewable technologies over the years, and had most recently been restricted to wind and solar.  SB 412 extends the program through 2015, as well as directs the inclusion of more types of renewable energy in the program.  The CPUC has issued a staff proposal on how to implement SB 412.  There will be a workshop to discuss the staff proposal on November 1, and parties can submit comments on the staff proposal on November 14.  
 
More Money Available for Solar Incentives 
 
In September, the CPUC shifted $40 million in funds that had been designated for administration of the California Solar Initiative ("CSI") to the incentive budget for the CSI (Decision 10-09-046).  One of the motivating factors in shifting the funds was the high participation in the CSI by government entities, many of whom are using funds from the American Recovery and Reinvestment Act to install solar systems.  The CPUC had earlier in the summer proposed suspending the incentive for government entities, a proposal that was almost universally decried and quickly withdrawn.
 
OTHER CPUC NEWS
 
CPUC Says No on Proposition 23
 
FYI, the California Public Utilities Commission is on record as opposing Proposition 23 on the November 2 ballot. Prop 23 would stop implementation of AB 32, California Greenhouse Gas Reduction legislation.  The CPUC's opposition is for several reasons:
  • California is a leader in "economically viable" environmental protection;
  • Prop 23 will halt implementation of AB 32 for an indefinite period of time;
  • Suspension of AB 32 implementation will stop investment dollars from coming to California;
  • The regulatory uncertain of suspending AB 32 will harm energy markets; and
  • The evidence of harm from climate change is greater than purported economic benefits that passage of Prop 23 would provide.
Debate Continues Over Community Choice Aggregation
 
PG&E and the City and County of San Francisco both asked in June for rehearing of the May 2010 decision (D.10-05-050) that told PG&E to stop marketing against community choice aggregators.  PG&E's protests that the May decision restricts the company's free speech rights.  San Francisco says the May decision does not go far enough in recognizing that PG&E is totally undermining the system. 
California Energy Commission
CEC Workshop on Stimulus Funds, Energy Efficiency 
 
On September 23, the California Energy Commission held an all-day workshop on how money from the American Recovery and Reinvestment Act of 2009 ("ARRA") is being used to further energy efficiency goals, through regional partnerships.  The workshop featured presentations from CEC and CPUC staff, as well as several local government staff and representatives from companies that are implementing various energy efficiency initiatives with ARRA funds.  Of particular note to LGSEC members, CEC staff led off the workshop by stating they are excited about Assembly Bill 758 (Skinner), passed in 2009.  AB 758 requires the CEC to develop a comprehensive program to achieve greater energy savings in existing buildings, both residential and non-residential.  LGSEC members want to use AB 758 to further push the utilities on the type and quality of information they provide to local governments on building energy usage.
 
You can find the presentations from the workshop at Sept 28 ARRA workshop.  
 
CEC Finds Other Ways to Promote Municipal Finance
 
This time last year, the CEC was using its control of State Energy Program ("SEP") funds from the Federal Stimulus package to promote Property Assessed Clean Energy ("PACE") programs, where local governments issue loans for energy efficiency and clean energy improvements that are attached to a property. When the Federal Home Financing Authority voided PACE programs over the summer, the CEC had to cancel several million dollars worth of contracts it had awarded.  On October 20, the CEC will consider whether to award nearly $67 million in ARRA funds to various entities.  $33 million would go to the Local Government Commission to support Energy Upgrade California, an additional $33 million would go to the California Department of General Services to establish an energy efficiency revolving loan fund for State property, and $165,000 would to go the California State Treasurer to maintain a financial clearinghouse as part of Energy Upgrade California.
California Air Resources Board




The LGSEC over the past year and a half has advocated at the California Air Resources Board ("CARB") for any cap and trade program to include a set aside for voluntary actions by local governments that go above and beyond whatever is required.  Our goal is a mechanism to reward local governments for partcipating in climate action programs.  This also could provide a revenue stream for local governments to fund further activities.  CARB has slowed its consideration of cap and trade.  CARB continues to work on other aspects of its implementation of Assembly Bill 32, notwithstanding the possibility that if Proposition 23 passes on the November ballot, the program could grind to a halt.  Gubernatorial candidate Meg Whitman also is on record as saying she would halt AB 32 implementation for one year, if elected, even if Proposition 23 fails.

We hope you have enjoyed our first e-newsletter. Please send us feedback, and contact us with any questions or comments! And we hope to see you November 19 in Oakland...stay tuned for details.
 
Jody London
Regulatory Consultant to the LGSEC
510/459-0667
 
Howard Choy
LGSEC Board Chair and Director, County of Los Angeles Office of Sustainabilty
HChoy@isd.lacounty.gov