California 2023-2024 Regular Session

California Assembly Bill AB1441 Latest Draft

Bill / Amended Version Filed 03/16/2023

                            Amended IN  Assembly  March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1441Introduced by Assembly Member Boerner HorvathFebruary 17, 2023An act to amend Section 454.51 of the Public Utilities Code, relating to electricity. LEGISLATIVE COUNSEL'S DIGESTAB 1441, as amended, Boerner Horvath. Electricity: electrical corporation procurement plans: integration of eligible renewable energy resources. resource portfolio.Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires the commission to review and accept, modify, or reject a procurement plan for each electrical corporation in accordance with specified elements, incentive mechanisms, and objectives. Existing law requires the commission to do various things relating to ensuring the integration of renewable energy resources in the electricity supply. identify a diverse and balanced portfolio of resources needed to ensure a reliable electricity supply that provides optimal integration of renewable energy in a cost-effective manner. Existing law requires the portfolio to rely upon zero-carbon-emitting resources to the maximum extent reasonable and be designed to achieve the statewide greenhouse gas emissions limit.This bill would make nonsubstantive changes to these commission duties relating to renewable energy integration. specify that a diverse and balanced portfolio of resources includes an appropriate mix of renewable capacity, including peaking, dispatchable, baseload, firm, and as-available capacity.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 454.51 of the Public Utilities Code is amended to read:454.51. The commission shall do all of the following:(a) (1) Identify a diverse and balanced portfolio of resources needed to ensure a reliable electricity supply that provides optimal integration of renewable energy in a cost-effective manner. The portfolio shall rely upon zero carbon-emitting zero-carbon-emitting resources to the maximum extent reasonable and be designed to achieve any statewide greenhouse gas emissions limit established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) or any successor legislation.(2) For purposes of paragraph (1), a diverse and balanced portfolio of resources includes an appropriate mix of renewable capacity, including peaking, dispatchable, baseload, firm, and as-available capacity.(b) Direct each electrical corporation to include, as part of its proposed procurement plan, a strategy for procuring best-fit and least-cost resources to satisfy the portfolio needs identified by the commission pursuant to subdivision (a).(c) Ensure that the net costs of any incremental renewable energy integration resources procured by an electrical corporation to satisfy the need identified in subdivision (a) are allocated on a fully nonbypassable basis consistent with the treatment of costs identified in paragraph (2) of subdivision (c) of Section 365.1.(d) Permit community choice aggregators to submit proposals for satisfying their portion of the renewable integration need identified in subdivision (a). If the commission finds this need is best met through long-term procurement commitments for resources, community choice aggregators shall also be required to make long-term commitments for resources. The commission shall approve proposals pursuant to this subdivision if it finds all of the following:(1) The resources proposed by a community choice aggregator will provide equivalent integration of renewable energy.(2) The resources proposed by a community choice aggregator will promote the efficient achievement of state energy policy objectives, including reductions in greenhouse gas emissions.(3) Bundled customers of an electrical corporation will be indifferent to the approval of the community choice aggregator proposals.(e) Ensure that all costs resulting from nonperformance in satisfying the need in subdivision (a) or (d), as applicable, shall be borne by the electrical corporation or community choice aggregator that failed to perform.

 Amended IN  Assembly  March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1441Introduced by Assembly Member Boerner HorvathFebruary 17, 2023An act to amend Section 454.51 of the Public Utilities Code, relating to electricity. LEGISLATIVE COUNSEL'S DIGESTAB 1441, as amended, Boerner Horvath. Electricity: electrical corporation procurement plans: integration of eligible renewable energy resources. resource portfolio.Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires the commission to review and accept, modify, or reject a procurement plan for each electrical corporation in accordance with specified elements, incentive mechanisms, and objectives. Existing law requires the commission to do various things relating to ensuring the integration of renewable energy resources in the electricity supply. identify a diverse and balanced portfolio of resources needed to ensure a reliable electricity supply that provides optimal integration of renewable energy in a cost-effective manner. Existing law requires the portfolio to rely upon zero-carbon-emitting resources to the maximum extent reasonable and be designed to achieve the statewide greenhouse gas emissions limit.This bill would make nonsubstantive changes to these commission duties relating to renewable energy integration. specify that a diverse and balanced portfolio of resources includes an appropriate mix of renewable capacity, including peaking, dispatchable, baseload, firm, and as-available capacity.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Assembly  March 16, 2023

Amended IN  Assembly  March 16, 2023

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 1441

Introduced by Assembly Member Boerner HorvathFebruary 17, 2023

Introduced by Assembly Member Boerner Horvath
February 17, 2023

An act to amend Section 454.51 of the Public Utilities Code, relating to electricity. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1441, as amended, Boerner Horvath. Electricity: electrical corporation procurement plans: integration of eligible renewable energy resources. resource portfolio.

Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires the commission to review and accept, modify, or reject a procurement plan for each electrical corporation in accordance with specified elements, incentive mechanisms, and objectives. Existing law requires the commission to do various things relating to ensuring the integration of renewable energy resources in the electricity supply. identify a diverse and balanced portfolio of resources needed to ensure a reliable electricity supply that provides optimal integration of renewable energy in a cost-effective manner. Existing law requires the portfolio to rely upon zero-carbon-emitting resources to the maximum extent reasonable and be designed to achieve the statewide greenhouse gas emissions limit.This bill would make nonsubstantive changes to these commission duties relating to renewable energy integration. specify that a diverse and balanced portfolio of resources includes an appropriate mix of renewable capacity, including peaking, dispatchable, baseload, firm, and as-available capacity.

Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires the commission to review and accept, modify, or reject a procurement plan for each electrical corporation in accordance with specified elements, incentive mechanisms, and objectives. Existing law requires the commission to do various things relating to ensuring the integration of renewable energy resources in the electricity supply. identify a diverse and balanced portfolio of resources needed to ensure a reliable electricity supply that provides optimal integration of renewable energy in a cost-effective manner. Existing law requires the portfolio to rely upon zero-carbon-emitting resources to the maximum extent reasonable and be designed to achieve the statewide greenhouse gas emissions limit.

This bill would make nonsubstantive changes to these commission duties relating to renewable energy integration. specify that a diverse and balanced portfolio of resources includes an appropriate mix of renewable capacity, including peaking, dispatchable, baseload, firm, and as-available capacity.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 454.51 of the Public Utilities Code is amended to read:454.51. The commission shall do all of the following:(a) (1) Identify a diverse and balanced portfolio of resources needed to ensure a reliable electricity supply that provides optimal integration of renewable energy in a cost-effective manner. The portfolio shall rely upon zero carbon-emitting zero-carbon-emitting resources to the maximum extent reasonable and be designed to achieve any statewide greenhouse gas emissions limit established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) or any successor legislation.(2) For purposes of paragraph (1), a diverse and balanced portfolio of resources includes an appropriate mix of renewable capacity, including peaking, dispatchable, baseload, firm, and as-available capacity.(b) Direct each electrical corporation to include, as part of its proposed procurement plan, a strategy for procuring best-fit and least-cost resources to satisfy the portfolio needs identified by the commission pursuant to subdivision (a).(c) Ensure that the net costs of any incremental renewable energy integration resources procured by an electrical corporation to satisfy the need identified in subdivision (a) are allocated on a fully nonbypassable basis consistent with the treatment of costs identified in paragraph (2) of subdivision (c) of Section 365.1.(d) Permit community choice aggregators to submit proposals for satisfying their portion of the renewable integration need identified in subdivision (a). If the commission finds this need is best met through long-term procurement commitments for resources, community choice aggregators shall also be required to make long-term commitments for resources. The commission shall approve proposals pursuant to this subdivision if it finds all of the following:(1) The resources proposed by a community choice aggregator will provide equivalent integration of renewable energy.(2) The resources proposed by a community choice aggregator will promote the efficient achievement of state energy policy objectives, including reductions in greenhouse gas emissions.(3) Bundled customers of an electrical corporation will be indifferent to the approval of the community choice aggregator proposals.(e) Ensure that all costs resulting from nonperformance in satisfying the need in subdivision (a) or (d), as applicable, shall be borne by the electrical corporation or community choice aggregator that failed to perform.

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

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

SECTION 1. Section 454.51 of the Public Utilities Code is amended to read:454.51. The commission shall do all of the following:(a) (1) Identify a diverse and balanced portfolio of resources needed to ensure a reliable electricity supply that provides optimal integration of renewable energy in a cost-effective manner. The portfolio shall rely upon zero carbon-emitting zero-carbon-emitting resources to the maximum extent reasonable and be designed to achieve any statewide greenhouse gas emissions limit established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) or any successor legislation.(2) For purposes of paragraph (1), a diverse and balanced portfolio of resources includes an appropriate mix of renewable capacity, including peaking, dispatchable, baseload, firm, and as-available capacity.(b) Direct each electrical corporation to include, as part of its proposed procurement plan, a strategy for procuring best-fit and least-cost resources to satisfy the portfolio needs identified by the commission pursuant to subdivision (a).(c) Ensure that the net costs of any incremental renewable energy integration resources procured by an electrical corporation to satisfy the need identified in subdivision (a) are allocated on a fully nonbypassable basis consistent with the treatment of costs identified in paragraph (2) of subdivision (c) of Section 365.1.(d) Permit community choice aggregators to submit proposals for satisfying their portion of the renewable integration need identified in subdivision (a). If the commission finds this need is best met through long-term procurement commitments for resources, community choice aggregators shall also be required to make long-term commitments for resources. The commission shall approve proposals pursuant to this subdivision if it finds all of the following:(1) The resources proposed by a community choice aggregator will provide equivalent integration of renewable energy.(2) The resources proposed by a community choice aggregator will promote the efficient achievement of state energy policy objectives, including reductions in greenhouse gas emissions.(3) Bundled customers of an electrical corporation will be indifferent to the approval of the community choice aggregator proposals.(e) Ensure that all costs resulting from nonperformance in satisfying the need in subdivision (a) or (d), as applicable, shall be borne by the electrical corporation or community choice aggregator that failed to perform.

SECTION 1. Section 454.51 of the Public Utilities Code is amended to read:

### SECTION 1.

454.51. The commission shall do all of the following:(a) (1) Identify a diverse and balanced portfolio of resources needed to ensure a reliable electricity supply that provides optimal integration of renewable energy in a cost-effective manner. The portfolio shall rely upon zero carbon-emitting zero-carbon-emitting resources to the maximum extent reasonable and be designed to achieve any statewide greenhouse gas emissions limit established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) or any successor legislation.(2) For purposes of paragraph (1), a diverse and balanced portfolio of resources includes an appropriate mix of renewable capacity, including peaking, dispatchable, baseload, firm, and as-available capacity.(b) Direct each electrical corporation to include, as part of its proposed procurement plan, a strategy for procuring best-fit and least-cost resources to satisfy the portfolio needs identified by the commission pursuant to subdivision (a).(c) Ensure that the net costs of any incremental renewable energy integration resources procured by an electrical corporation to satisfy the need identified in subdivision (a) are allocated on a fully nonbypassable basis consistent with the treatment of costs identified in paragraph (2) of subdivision (c) of Section 365.1.(d) Permit community choice aggregators to submit proposals for satisfying their portion of the renewable integration need identified in subdivision (a). If the commission finds this need is best met through long-term procurement commitments for resources, community choice aggregators shall also be required to make long-term commitments for resources. The commission shall approve proposals pursuant to this subdivision if it finds all of the following:(1) The resources proposed by a community choice aggregator will provide equivalent integration of renewable energy.(2) The resources proposed by a community choice aggregator will promote the efficient achievement of state energy policy objectives, including reductions in greenhouse gas emissions.(3) Bundled customers of an electrical corporation will be indifferent to the approval of the community choice aggregator proposals.(e) Ensure that all costs resulting from nonperformance in satisfying the need in subdivision (a) or (d), as applicable, shall be borne by the electrical corporation or community choice aggregator that failed to perform.

454.51. The commission shall do all of the following:(a) (1) Identify a diverse and balanced portfolio of resources needed to ensure a reliable electricity supply that provides optimal integration of renewable energy in a cost-effective manner. The portfolio shall rely upon zero carbon-emitting zero-carbon-emitting resources to the maximum extent reasonable and be designed to achieve any statewide greenhouse gas emissions limit established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) or any successor legislation.(2) For purposes of paragraph (1), a diverse and balanced portfolio of resources includes an appropriate mix of renewable capacity, including peaking, dispatchable, baseload, firm, and as-available capacity.(b) Direct each electrical corporation to include, as part of its proposed procurement plan, a strategy for procuring best-fit and least-cost resources to satisfy the portfolio needs identified by the commission pursuant to subdivision (a).(c) Ensure that the net costs of any incremental renewable energy integration resources procured by an electrical corporation to satisfy the need identified in subdivision (a) are allocated on a fully nonbypassable basis consistent with the treatment of costs identified in paragraph (2) of subdivision (c) of Section 365.1.(d) Permit community choice aggregators to submit proposals for satisfying their portion of the renewable integration need identified in subdivision (a). If the commission finds this need is best met through long-term procurement commitments for resources, community choice aggregators shall also be required to make long-term commitments for resources. The commission shall approve proposals pursuant to this subdivision if it finds all of the following:(1) The resources proposed by a community choice aggregator will provide equivalent integration of renewable energy.(2) The resources proposed by a community choice aggregator will promote the efficient achievement of state energy policy objectives, including reductions in greenhouse gas emissions.(3) Bundled customers of an electrical corporation will be indifferent to the approval of the community choice aggregator proposals.(e) Ensure that all costs resulting from nonperformance in satisfying the need in subdivision (a) or (d), as applicable, shall be borne by the electrical corporation or community choice aggregator that failed to perform.

454.51. The commission shall do all of the following:(a) (1) Identify a diverse and balanced portfolio of resources needed to ensure a reliable electricity supply that provides optimal integration of renewable energy in a cost-effective manner. The portfolio shall rely upon zero carbon-emitting zero-carbon-emitting resources to the maximum extent reasonable and be designed to achieve any statewide greenhouse gas emissions limit established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) or any successor legislation.(2) For purposes of paragraph (1), a diverse and balanced portfolio of resources includes an appropriate mix of renewable capacity, including peaking, dispatchable, baseload, firm, and as-available capacity.(b) Direct each electrical corporation to include, as part of its proposed procurement plan, a strategy for procuring best-fit and least-cost resources to satisfy the portfolio needs identified by the commission pursuant to subdivision (a).(c) Ensure that the net costs of any incremental renewable energy integration resources procured by an electrical corporation to satisfy the need identified in subdivision (a) are allocated on a fully nonbypassable basis consistent with the treatment of costs identified in paragraph (2) of subdivision (c) of Section 365.1.(d) Permit community choice aggregators to submit proposals for satisfying their portion of the renewable integration need identified in subdivision (a). If the commission finds this need is best met through long-term procurement commitments for resources, community choice aggregators shall also be required to make long-term commitments for resources. The commission shall approve proposals pursuant to this subdivision if it finds all of the following:(1) The resources proposed by a community choice aggregator will provide equivalent integration of renewable energy.(2) The resources proposed by a community choice aggregator will promote the efficient achievement of state energy policy objectives, including reductions in greenhouse gas emissions.(3) Bundled customers of an electrical corporation will be indifferent to the approval of the community choice aggregator proposals.(e) Ensure that all costs resulting from nonperformance in satisfying the need in subdivision (a) or (d), as applicable, shall be borne by the electrical corporation or community choice aggregator that failed to perform.



454.51. The commission shall do all of the following:

(a) (1) Identify a diverse and balanced portfolio of resources needed to ensure a reliable electricity supply that provides optimal integration of renewable energy in a cost-effective manner. The portfolio shall rely upon zero carbon-emitting zero-carbon-emitting resources to the maximum extent reasonable and be designed to achieve any statewide greenhouse gas emissions limit established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) or any successor legislation.

(2) For purposes of paragraph (1), a diverse and balanced portfolio of resources includes an appropriate mix of renewable capacity, including peaking, dispatchable, baseload, firm, and as-available capacity.

(b) Direct each electrical corporation to include, as part of its proposed procurement plan, a strategy for procuring best-fit and least-cost resources to satisfy the portfolio needs identified by the commission pursuant to subdivision (a).

(c) Ensure that the net costs of any incremental renewable energy integration resources procured by an electrical corporation to satisfy the need identified in subdivision (a) are allocated on a fully nonbypassable basis consistent with the treatment of costs identified in paragraph (2) of subdivision (c) of Section 365.1.

(d) Permit community choice aggregators to submit proposals for satisfying their portion of the renewable integration need identified in subdivision (a). If the commission finds this need is best met through long-term procurement commitments for resources, community choice aggregators shall also be required to make long-term commitments for resources. The commission shall approve proposals pursuant to this subdivision if it finds all of the following:

(1) The resources proposed by a community choice aggregator will provide equivalent integration of renewable energy.

(2) The resources proposed by a community choice aggregator will promote the efficient achievement of state energy policy objectives, including reductions in greenhouse gas emissions.

(3) Bundled customers of an electrical corporation will be indifferent to the approval of the community choice aggregator proposals.

(e) Ensure that all costs resulting from nonperformance in satisfying the need in subdivision (a) or (d), as applicable, shall be borne by the electrical corporation or community choice aggregator that failed to perform.