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Committee HearingSenate

Energy — 2026-06-16 (stale)

June 16, 2026 · Energy · 20,309 words · 12 speakers · 118 segments

Committee Chair Benjamin Allenassemblymember

We'll be starting in 10 seconds. All right. Let's call this hearing of the Senate Committee on Energy Utilities and Communications to order. We're still awaiting a quorum, so we ask members to come make their way down. But, Senator Mashiabo, if you want to approach the BIMA, you're welcome. We have a couple, nine bills on today's agenda. So, just for a note for folks, agenda item 7, which is AB 2182 by Irwin, has been pulled by the author. Agenda item 6, AB 2175 by Garcia, is on consent. So, with that, we will start with Senator Mashiabo. We really appreciate you coming down. AB 1715. Yes, thank you. Thank you so much. Sorry, I got my comfy shoes on. I didn't even get to go change my shoes. No, your energy chair seems to be here. She's first, but you filled in very kindly. So I want to thank you, Chair Allen and members of the committee for the opportunity to present AB 1715 today. I really appreciate the committee's work on the bill and we're accepting committee amendments. AB 1715 is broadly focused on transparency and has two parts. First, the bill will require the CPUC to establish a database on its website of utility advice letters, responses, and resolutions going back to 2020. This will ensure that a searchable and standardized record is readily available to both consumers and ratepayer advocates. The current database is challenging to navigate, and it is practically impossible to follow the paper trail between an advice letter and its outcome, or CPUC resolution, from the outside. Second, AB 1715 sets up a quarterly reporting structure to ensure proper oversight of taxpayer funds of government loans or grants to investor-owned utilities. Investor-owned utilities have increasingly sought non-traditional funding, such as government loans. For example, in January 2025, PG&E finalized a loan from the Department of Energy for $15 billion for load growth and reliability projects. And when utilities are able to get these government loans at lower interest rates, It's important that the CPUC is aware of that so that it can be incorporated in considerations when there's discussions around rate increases, because sometimes what the utilities had projected as their loan rates then would be lower if they are able to secure those lower interest government loans. And so we want to make sure that that's reflective, especially when utility prices are top of mind for consumers who are struggling with keeping up with the cost of living. And this is a clear way that we can make sure that consumers also benefit from the savings that utilities benefit when there's public dollars that help them borrow at lower rates. Alternative financing mechanisms such as these publicly financed loans or grants are key recommendations from the ratepayer advocates because they lower utility borrowing costs and shareholder equity returns offering potential savings to ratepayers as I just mentioned This is a welcome new strategy, but proper oversight to ensure funds are spent responsibly and accounting is transparent are essential if ratepayers are to receive the savings they are due. Here with me to testify for AB 1715 is Adria Tinnin from the Utility Reform Network.

Adria Tinninwitness

Hello. Thank you, Chair. Thank you, Committee. Dr. Adria Tinnin, Director of Race Equity and Legislative Policy at Tern. Here I'm proud to sponsor AB 1715. As you all know, California is in an affordability crisis. Our skyrocketing energy utility bills have nearly doubled over the last 10 years. To improve affordability while still building up the grid to meet future need and doing what's necessary to prevent wildfires, we've seen an uptick in alternative sources of funding. This is a great thing. PG&E received a $15 billion DOE loan, a commitment for reliability and clean energy projects. And just last year, this legislature approved $6 billion of wildfire mitigation spending to be securitized. These alternative funding streams have the potential to save ratepayers billions of dollars, but right now we have no way to effectively track those savings and ensure ratepayers receive the full benefit. AB 1715 provides critical transparency and accountability by directing the CPC to establish a searchable database of utility advice letters which inform the public of rate changes. For each advice letter, there will be a link to the associated protest letters and resolutions filed in response. Currently, you have to be on a specific e-mail listserv to be made aware of these documents despite them being a matter of public record. Added transparency will allow advocates and the general public to better track and understand rate increases. AB 1715 also includes utilities reporting of state, federal grants, loans, and bonds to the CPUC in a few ways. It centralizes utility reporting for all public funding being sought or secured. It requires utilities to report this information in each application where it is seeking ratepayer money, funding, With this information, the CPUC will be able to ensure ratepayers receive the savings from alternative financing and utilities don't double recover. Lastly, the bill requires utilities to quantify potential cost reductions and deliver those savings to ratepayers. I know you are all committed to achieving affordability, but that cannot be achieved without accountability and transparency. Many of the provisions in this bill likely look familiar to you as it was passed through this committee in AB 1020 last year, And we strongly urge you for another aye vote. Thank you.

Committee Chair Benjamin Allenassemblymember

Thank you. Let me just take a second to read the amendments that have been agreed to, because I know they didn't make any analysis. So first of all, delete the word promptly from promptly delivered to ratepayers in the Public Utilities Code Section 593D1. Delete the words investor-owned when referencing electrical corporations in Public Utilities Code Section 593A2. and delete Public Utilities Code Section 454 from the bill. So those are the amendments read for the record. If people want to see it in writing, they're very welcome. Okay. Let's get any other folks who want to speak on behalf of the bill, and you can stick around to take questions from folks when we have our discussion. Opposition concerns?

Scott Wetchwitness

Mr. Wetsch. Mr. Chairman and members, Scott Wetch on behalf of the California Coalition Utility Employees with the proposed committee amendments I believe that will remove our opposition I would just like to note that the IBW International played a key role with the Biden administration in securing that $15 billion loan, and it should be applauded because it helps reduce rates, and that type of behavior should be encouraged, not criticized. Thank you.

Committee Chair Benjamin Allenassemblymember

Nobody's criticizing it. It's great. Great. Okay. Any other questions, thoughts, concerns? We're up for the committee. Let's go to Senator Richardson.

Senator Sternsenator

Good morning. I have a couple of questions for the author. I'm missing my binder, so I apologize. I don't have the background analysis. Just a couple of quick questions. One, what are the actual penalties that would be imposed? If you could, it says that it authorizes the CPUC to impose penalties for noncompliance. So what would those penalties be? Have they been identified?

Committee Chair Benjamin Allenassemblymember

No, that would be up to the CPUC to determine.

Senator Sternsenator

So no monetary amount has been identified thus far? No.

Committee Chair Benjamin Allenassemblymember

And it would go through a process that they'd have an opportunity to respond to? Yeah, it's really just, you know, allowing the CPUC the ability to enforce the rules, right? A lot of times we have rules that we have no lever to make sure they're enforced, and so we just want to make sure that they have the ability to do that.

Senator Sternsenator

Okay, and then my second question is, which leads to the amendment that was accepted, requires utilities to promptly pass the financial benefits of federal funding onto rate payers. has there been a determination of how much that would be, or are we expecting through this legislation that the entire money that they would receive would go to rate payers? Because I could see how that would be difficult if something was provided, for example, for a project, and it's going towards the project. How would that translate to them providing it directly to the rate payers?

Committee Chair Benjamin Allenassemblymember

So, I mean, we would hope that the ratepayers would get the full benefit because, you know, sometimes I think the utilities will come with projected, you know, costs of things, right? And then once they actually go through the process of getting the financing and pulling that project together, the numbers may have changed. So this is really around transparency to make sure that the CPUC knows about that, that that's considered, and that savings that the companies get should be passed on to the rate payers. And I don't know if my witness has anything to add on that, too.

Adria Tinninwitness

Yeah, thank you. So it's really about ensuring that alternative sources of funding are replacing rate payer funding rather than just adding to it. So we're not paying twice through taxes and rates for the same project. An example is the $15 billion DOE loan that I mentioned, which absolutely should be applauded. It's fantastic. PG&E purports that it will save ratepayers a billion dollars in savings. So what this bill would require is that that is demonstrated how it saves the billion dollars and then that we mark that to the CPUC in each of the proceedings where money is being requested for that project to make sure that ratepayers are indeed receiving the billion dollars in savings.

Senator Sternsenator

so it wouldn't necessarily be in that example something like a check going back to individual customers it not that it spending avoided it the savings never taking it in makes sense Okay I going to read this real quick as long as that the case because I think it would be a little complicated and also debatable, you know, if they receive, let's say, whatever it is, $5 billion, whatever it is, for a particular project. But if those funds haven't been expended, I just think we have to be careful of at least the wording that I have for my staff, and I'm going to look to see if it's specifically in the bill. But the wording that my staff has is requires utilities to promptly, and I understand we took out promptly, pass the financial benefits of federal funding on to ratepayers. I'm just saying there may be some instances where they're receiving money for a project, but it doesn't necessarily translate to how you would translate that to the actual rate payer. And if it's not clear specifically, I just think, Mr. Chairman, it probably should be, you know, to state what they're now stating in committee as opposed to, you know, what I understood that it says. But I'll read it right now.

Adria Tinninwitness

I think so. If I may, I think the amendment actually gets to the concern that you're raising. So with taking promptly out, it means that the CPUC can find the appropriate timing and process to make sure that any refunds to the rate payers happens in a timely way that makes sense for their process and for the economics of the company as well.

Senator Sternsenator

I'm sorry. Let me maybe restate what I'm saying. What I'm saying is because a person, not a person, an entity receives money, let's say for a project, they then build the project. I don't know that we assume that because now the ratepayers didn't pay for it that the ratepayers would get a refund is what I'm saying. Not a refund. The savings. They're not paying. So let's say you have for a project, you receive $5 billion in alternative financing. Maybe it's a public loan. That is $5 billion that you now do not need to request from ratepayer funding. And so we would want to make sure that in the proceeding, there may be other ratepayer funding that's being requested, but we would want to be sure that that $5 billion is not being requested since it's already been received through a different source. Okay, so I'm reading from the analysis on page 3 of 9, and it says number six, this bill requires the CPUC to require each utility to promptly deliver to the ratepayers the financial benefits of taxpayer funding received, including all value to or savings expected to benefit the ratepayers. So not taking the $5 billion, not charging. So it's kind of like not double dipping. Yeah.

Adria Tinninwitness

Okay.

Senator Sternsenator

Right. If you have a minute to remove that word from that. If you're. And the question is that's good enough for you. So that they don't have to. So if they get some of this funding, they don't have to then go to the ratepayers and say, hey, you need to pay for this project if they already got funding for it.

Adria Tinninwitness

We just want that to be incorporated into the analysis and transparent.

Senator Sternsenator

Okay. Well, I'm going to support the bill, but I do want for the record to mention, I think that's a slippery slope there of not clearly defining what we're talking about. Because as I read it, it's saying what I've already described now a couple times. And...

Adria Tinninwitness

That clarification isn't in the bill itself.

Senator Sternsenator

So I'm going to support it. You know, I think transparency is good. I think we should be advised of funding that's received. I agree with double dipping. I agree with all that. I just think the way that this is written, this one particular comment, I think just opens it up for confusion where then the CPUC can come back and say, well, oh, then you need to give the ratepayers back $5 billion of savings when maybe they hadn't even charged it. So I just think it's not as clear as it potentially could be.

Adria Tinninwitness

Yeah, and we'll take another look at it.

Senator Sternsenator

Fair enough. Thank you. I'll move the bill when it's ready to do so.

Committee Chair Benjamin Allenassemblymember

Okay. This has been moved. Senator Stern.

Senator Schillersenator

Maybe a helpful clarifying point for you guys to keep pulling the thread on here. promptly is being removed by the amends from the committee. So the word promptly is now gone. So it's just to deliver to ratepayers the financial benefits that taxpayer funding received. I guess the question maybe for you all to tease out going forward is, what is a financial benefit? And so does the financial benefit imply the full amount from the federal government, or is that some different amount, or is that about a ratepayer benefit, sort of getting to a little more precision on do you guys have a definition of sort of how you quantify financial benefits if i may through the chair just sponsors like is there is that sort of a commonly understood thing or or reference in the definition or maybe that's the right area to

Adria Tinninwitness

that would be the process that would be that would be occurring at the cpus at the puc they'll determine what the quote-unquote financial benefits correct the utilities would demonstrate you know this is how much savings we think here's where it's coming from and they would reflect that in their applications to the commission. We received this money from the DOE, so we have calculated that to be this amount of savings that we no longer need from ratepayers on this project here. So it doesn't necessarily, the intent isn't to imply that it's the identical benefit, it's the identical total amount of federal funding received. Correct. That's why, so the $15 billion loan is a great example. $15 billion that PG&E has calculated, and that was one of the impetuses for this bill calculated and announced widely this would be over a billion dollars in customer savings. So we don't have any mechanism right now to actually see where the billion dollars is saved and to pinpoint what proceedings is this money sort of relevant to so that we can be sure that we're not double dipping.

Senator Schillersenator

Yeah.

Adria Tinninwitness

So that's the process that this sets up.

Senator Schillersenator

Helpful. Yeah.

Committee Chair Benjamin Allenassemblymember

Okay. Thank you. Senator Grove has left. Anyone else? I don't know is it okay if we she our next author is here let's see Yeah, can we just move on? I'm sorry. Sorry, I can't see my phone. Senator Grove. So I just want to follow up with my good colleague asked those questions. So you said it would be a refund to ratepayers but the witness said there no refund to ratepayers Well it would be it would be taken out of the total package package of the funding that the utility needs right So in effect it not drawing down from rate payers dollars that needs to fund projects. So let's just take the, it's $15 billion for PG&E, right, that was asked or granted from

Scott Wetchwitness

the federal government. So like Mr. Wetch said, the employees all participated in that, helped secure those dollars, which makes sense because they would have work, right, for the utilities, and they would have work on bigger projects. That would be an investment for a project that may be a $100 billion project. Correct.

Committee Chair Benjamin Allenassemblymember

And when you separate it out so that none of that money is used, you said none of that money goes where? Because some of that money, that $15 billion, could go to contracts, could go securing equipment, could go to a variety of things that would help set up that project that could be, let's say, $100 billion, where the employees would get to work that, we get to build a project, and then a total project would reduce ratepayers' expense at the end. How do you expect them to identify the $15 billion if maybe, I mean, it could go as low as somebody needing a stapler on their desk and they use that money? I mean, I know that's a silly analogy, but you're not going to spend $15 billion in one place. It's going to either go to hiring more employees, existing contracts, engineering, CEQA, everything else that has to be complied with. And so how do you say that that doesn't get spent or go back to the rate or, or else it has to go back to the rate payers?

Adria Tinninwitness

So if in your example, if it's a hundred billion dollar project and you secure $15 billion, of public financing, then theoretically, and it's partially vague because we're allowing for the CPUC to determine some of this process, right, and have the flexibility that they need. But in that example, $100 billion, $15 billion, then you need $85 billion worth of funding anymore. So you don't need $100 billion from ratepayers to pay for that project anymore. You got $15 billion from taxpayers, so now you need $85 billion, right? So that's a $15 billion savings, hopefully.

Committee Chair Benjamin Allenassemblymember

Without the $15 billion, the project would cease to exist. But they have the $15 billion because they got it already over here from the federal government. Right.

Adria Tinninwitness

So now they just need $85 billion, right?

Committee Chair Benjamin Allenassemblymember

Okay, so I think we just look at things differently, and I won't focus on that piece. because if there's, like I said, if the project needs $100 billion and they secured a $15 billion loan to advanced infrastructure, do underground line work or whatever the project is. It can be for whatever. It can be for whatever. It's just the big dollar amount. But what I'm saying is that if a contractor needs $100 billion and $15 billion comes from the federal government or some other place, that project still cost $100 billion and in the meantime they have let's just say it's undergrounding and we're putting lines underground which California is kind of requiring because of fires and things like that so they're doing all this undergrounding work the project still cost $100 billion they just got a credit from the federal government in order to do the project to complete it to comply with California law which would not necessarily I don't know that it would reduce rates. I think it would mitigate wildfires and maybe there's a cost savings there. I just don't see how you track the $15 billion. I all for transparency and I trying to help I just trying to figure out Maybe my witness can help I not saying this clearly I just don see a refund going back Yeah I guess I a little bit perplexed

Adria Tinninwitness

So it really is, if the utility has a project, again, that is $100 million, and they secure 15 of it from the federal government, then they no longer need to ask ratepayers for $100. They need to ask ratepayers for $85 because they already have 15 in the back. So it still costs $150 billion. The project is the same amount. It costs $100 billion. It's just that because they got taxpayer dollars to cover $15 billion, they don't get to go to rate payers and say, we need this whole $100 billion anymore. We just need $85 because we already funded $15 billion of that. It still adds up to the $100 that they need.

Committee Chair Benjamin Allenassemblymember

Right? Right. No, I see what you're saying. The project was $100 million. Yeah.

Scott Wetchwitness

Yeah, I think the double dipping, just to add to that, is just to make sure that you're not receiving, and I'm going to use different numbers, let's say, you're not receiving $10 billion for this undergrounding project, but you also have an open application for $10 billion of ratepayer money for the same undergrounding project. We don't want to get risk paying twice for the same thing. So you just need the utilities would need to tell the CPUC, hey, we already received $10 billion for that undergrounding project. So that's $10 billion less that we have to ask for over here from ratepayers because we received it over here. And everything has to be approved by the CPUC.

Committee Chair Benjamin Allenassemblymember

I know everything has to be approved by the CPUC, and I understand that. I'm just trying to say that if you have a $100 billion project, and again, sticking to undergrounding, And that's what it costs the utility to do it. If that's what they call the utility to do it, the jobs are there. Everything is there. It's a requirement. So a lot of times California policy exceeds anything that's done in any other state. And so if they can get help from other places like the federal government, we get help from the federal government to pay for Medi-Cal rates. We get help from the federal government. So basically, if you switch this to something else that's not in the energy department, because we get billions of dollars for people that need Medi-Cal, you're saying that if the state passes a piece of legislation or does something that Medi-Cal is a higher rate, that this money can't be credited and has to go back to the provider or back to the federal government who gave us the money in the first place. I don't know enough about Medi-Cal to follow that one. But if this was in using your same scenario, the 15 billion dollars came from Medicare from the federal government for Medi-Cal. And then you're saying the doctor provided services and got reimbursed at 50 percent. You wouldn't be able to give the doctor the 75 percent that he deserves because we got the money from the federal government. I know it's trying to I guess I shouldn't have gone down that road. It's too confusing. I'm sorry. I just am trying to understand how you think that getting $15 billion from the federal government on a $100 billion project is a cost savings.

Adria Tinninwitness

It's $15 billion less from ratepayers. Okay. Because they received it, because the utility has received the money from an alternative source.

Committee Chair Benjamin Allenassemblymember

Okay. Yeah. It's like saying if you're buying a car. Yes. Right? Mr. Nilo, if I'm buying a car, follow this. Exactly. Follow this. That's okay.

Adria Tinninwitness

I would be happy to sell you a car right here.

Committee Chair Benjamin Allenassemblymember

So use your car example.

Adria Tinninwitness

Okay. So if you are buying a car and the car costs and you get you have right Then you don need the anymore on a loan Agreed Right You need 40 minus 15 What the math 25 Right So you need as a loan Right Do we agree on that Yes Okay good. I said agree. So, okay, good. So that's the same analogy, right? If you are a utility and you're saying I need $100 billion for this project, and then you go get a loan for 15 of that. Loan is the key word that they have to pay back. Right.

Committee Chair Benjamin Allenassemblymember

Go ahead. Yeah, yeah, yeah. So they don't actually get to keep that money. They have to pay it back. Right, right. Well, it's like a second mortgage, right? It's kind of like a second mortgage. But they still have to pay back the loan. Right, they do. They do. Okay. Well, maybe PG&E wants to come up and talk about how it worked.

Adria Tinninwitness

Maybe PG&E can.

Committee Chair Benjamin Allenassemblymember

I mean, if you're getting a loan for $15 billion from the federal government, you obviously have to pay it back. But now you're going to pay back the loan and credit $15 billion to the rate payer, which I think is great. I just don't think you can do that.

Scott Wetchwitness

Essentially, the savings here all comes between our current borrowing rate, which is about 6%, and the borrowing rate between Department of Energy, which is probably about 3%. It's tied to a marker. So that 3% savings over 40 years, whatever the loan is, that's the savings. we credit that back once a year to customers. Assuming we get the money, we have not actually received any of the money from the federal government. We're still negotiating with DOE. So this is a process that already exists in the PUC. We're already filing these reports, I believe, at least quarterly, maybe semi-analy. So we don't have a position on this bill. We think it's fine as is.

Committee Chair Benjamin Allenassemblymember

So it's just creating the transparency. For state, for federal loans as well, and grants.

Scott Wetchwitness

And again, I apologize.

Committee Chair Benjamin Allenassemblymember

And just, you know, I just couldn't follow. So, I mean, if you get a loan, like I said, I couldn't follow the fact that if you get a loan from the federal government that you have to pay back, and this bill is going to require you to give that same amount of money back to the rate payer, that's what we call double dipping. That's double dipping on another side that the utility has to take care of.

Scott Wetchwitness

It's the benefits. It's not the exact dollar for dollar.

Committee Chair Benjamin Allenassemblymember

Okay, thank you.

Scott Wetchwitness

As you said, the benefits.

Committee Chair Benjamin Allenassemblymember

Thank you. Thank you for trying to answer my question. It's all good. Senator Neela.

Neelaother

I think we might be making this more complicated than it needs to be. Allow me to try to simplify it. Great. If the PUC has approved rates based upon costs that subsequently are reduced, that the rates have to be reduced accordingly. If there's a $15 billion loan assumed that's going to pay 6%, and subsequently they get 3%, those rates have to be reduced to reflect the difference between the 6% and the 3%. If the PUC authorizes rates based upon $10 million that are going to be paid for undergrounding and the utility gets a grant to pay for that, then those rates have to be recalculated to recognize that reduced cost. I would think that that's already done. And wouldn't it, it would seem to me completely dishonest on the part of the utility and an abdication of duty by the PUC to not subsequently alter that. So I'm going to support the bill, but I would, because there are reporting requirements here too, but on that particular point, I would think that would be already taken care of. But at any rate, again, I think we made this a little more complicated than we might have. Your explanation was great. Thank you. It was great. We're going to go to you first next time. It saved us a lot. It could have saved us a little bit of time. Thank you.

Adria Tinninwitness

Thank you, Steve.

Committee Chair Benjamin Allenassemblymember

Any final questions, thoughts? No? Okay. Appreciate the dialogue and give you the opportunity to close. I know it's been moved by. No. Oh, I'm sorry. Right. Yes. Yes. Okay. Go ahead and close.

Adria Tinninwitness

Yeah. Okay. Thank you for the conversation. You know, I mean, at the end of the day, we're trying to protect rate payers, trying to make sure that there is transparency and accountability. and we welcome when IOUs can find more cost savings, especially when it can benefit ratepayers as well. And so that is, at the end of the day, the goal of this bill, and respectfully request an aye vote when you have a quorum.

Committee Chair Benjamin Allenassemblymember

Thank you. Thank you. Thanks very much. It's been moved when appropriate by Senator Richardson. We're still in for a quorum. Okay, thank you very much. Let's go now to Assemblymember Petrie Norris. Sorry, Senator. It's not a number of words. Who's here to present AB 1301.

Cottie Petrie-Norrisother

Thank you, Mr. Chair, and good morning, members. I am pleased to join you to present AB 1301. This is a public utilities and resources code cleanup bill. Happy to accept the committee's amendments. Thank you and your team for your work on this measure. This bill incorporates requests from the CPUC, PAO, CEC, CAISO, as well as representatives of electric co-ops to remove from statute defunct entities, align reporting deadlines, eliminate duplicative requirements, and clarify existing provisions. Some of the highlights of the bill include removing references to the Power Exchange and Electricity Oversight Board, both of which have been defunct since the early 2000s. The bill extends the sunset of the Energy Conservation Assistance Act. It clarifies that electric co-ops are not to be considered electrical corporations by default. In sum, AB 1301 addresses needed code cleanup provisions, perhaps not the sexiest bill on the docket for this year's Senate Energy Committee, but an important government housekeeping measure nonetheless. I am joined, I think, we've got Anthony. Annabelle Hopkins with the Public Advocates Office to offer, I think, a couple of brief comments and support and then answer any technical questions that may arise.

Annabelle Hopkinswitness

Good morning. Thank you, Mr. Chair. Annabelle Hopkins with the Public Advocates Office. I will just share a few brief words about the components of the bill that pertain to our office. As you know, the Public Advocates Office is the independent consumer advocate at the CPUC. It is our statutory mission to advocate for affordable, safe, and reliable utility services consistent with the state's climate and clean energy goals. We support this bill, AB 1301, and thank the author for her work on this. This bill, amongst other things that are very important, would change the Public Advocates Office's annual report submission deadline from January 10th of each year to February 1 of each year. Very flashy, very sexy, very important work here. This is actually really crucial to the functions of our office. By making this minor change, we'll be better positioned to report on the previous year's efforts and accomplishments. It'll also align the release of our annual report with that of the PUC, the CEC, and Cal ISO. Happy to answer any questions that you have. Thank you.

Committee Chair Benjamin Allenassemblymember

Great. Thank you. Other folks who want to speak in support?

Don Gilbertwitness

Mr Chair and members Don Gilbert on behalf of the Golden State Power Cooperatives they think it a very sexy bill and support it Thank you All right.

Committee Chair Benjamin Allenassemblymember

Other folks who want to weigh in support? Anyone who wants to express opposition concerns? All right. A motion went appropriate by my colleague. Any other questions or thoughts from the committee? Things that people want to raise? All right. We'll give you the opportunity to – we'll take it up for a vote when we have –

Cottie Petrie-Norrisother

Thank you, Mr. Chair. We ask for your aye vote at the appropriate time. Thank you.

Committee Chair Benjamin Allenassemblymember

And now I think you've got AB 2463. Yes.

Cottie Petrie-Norrisother

So thank you, Mr. Chair. I am pleased to join you today to present AB 2463. This is a measure to ensure that when the CPUC authorizes utility profits, the decisions are transparent and accountable. As members of this committee well know, California has some of the highest electricity rates in the nation. Many of our constituents have seen their bills increase and skyrocket by some 40 percent over the last three years alone. Together, we have been working to identify every opportunity to drive down rates in both the short and the long term. One thing that has gotten a lot of attention and scrutiny is the return on equity, which is the profit that utilities earn when their shareholders make investments in needed infrastructure. What this bill does is actually really quite simple. It says that when the CPUC is setting an authorized return on equity, that they show their work, that they disclose the models, the approach, the analytics that help them reach that conclusion in order to help both us as the legislature understand those decisions, to help stakeholders and advocates understand those decisions, and to help the public as a whole understand those decisions. So currently it's a little bit of a black box. We want to bring more transparency and accountability to that process. I think this is more important now than ever. As you know, we are in a moment of really historic investment in California's grid. We need to ensure that we are doing this work as cost-effectively as possible. So appreciate your partnership in this work and respectfully ask for your aye vote. Thank you.

Committee Chair Benjamin Allenassemblymember

Thank you, Madam Chair. Appreciate it. Anyone wants to voice support for the bill? I think we've got, oh yes, I think I'm joined by Michael Colvin from EDF. Thank you for being here. Good morning, Mr. Chair and members of the committee. My name is Michael Colvin with Environmental Defense Fund. EDF has been participating in the determinations of the authorized return on equity and overall capital structure of the utilities for the last several cycles. and I've personally been involved in these cases for, I'm dating myself 15, 16 years now. And I would like to emphasize what Assemblymember Pete Jr. has indicated, that this is a little bit of a black box, and having some of this transparency is going to both help us as advocates, but also help the legislature for sort of the next steps of what is going to be needed for making additional changes for the return on equity. I did want to call your attention to subsection F of the bill, which has, which directs the PUC to open a new rulemaking specifically to think about from now through 2045 what load growth would look like for the electric utilities and what the changes to the gas system investments would look like over that same time frame So that way we are making smart decisions about how we make future investments in our infrastructure that better align with our longer term state goals. And doing that in sort of that rulemaking fashion makes sense that way you're not arguing out in one particular determination but you're sort of having a more planned approach for this. Stepping aside from all of this, I recognize cost of capital and return on equity is not the easiest of topics to understand. And so having a little bit more of transparency here is going to be extraordinarily helpful. And it's going to be helpful for both ensuring more affordability for our bills, but also making certain that we are making the right investments into our capital infrastructure that get us to where we need to be in the long term. And so with that, EDF is very proud to support this bill and we ask for your aye vote. All right. Thank you. Yes, sir. Will Abrams with the Utility Wildfire Survivor Coalition, and we're taking a support if amended position on the bill. Certainly appreciate the motivation behind the bill and the intent of the legislation on transparency. We're just really hoping that this takes a few more steps further to really take action around this. We know that ROE is not aligned with our public interest outcomes. We understand that ROE is up here and how the utilities are performing on wildfire safety, paying their victims. Affordability is down here. And so we just support the author's intent here with the transparency. We encourage further steps so that ROE is not at odds with our public interest outcomes. Thank you. Thank you. Okay. Other concerns from members of the We'll go to the committee, Senator Becker. I just want to thank the author for this bill. Appreciate the transparency, and I'll move the bill at the appropriate time. Thank you, Senator. Senator Weiss. I remember when I was first elected and was on utilities and energy in the Assembly, this was the one thing that I could not understand, how you could get a guarantee of a return on your investment. And I am so glad that now as chair in Assembly of Utilities and Energy that this is one of your package to have this transparency, and I really appreciate it. I will be supporting it without a doubt. Thanks. Thank you, Senator. I appreciate that. Thank you. Okay. The bill's been moved when we have a quorum, and we'll give you the chance to close. All right. Thank you so much, Mr. Chair. I respectfully ask for your aye vote. Thank you. Thank you, Madam Chair. I appreciate it. I appreciate your work on this. Thank you. Okay, all right, let's go now to Assemblymember Ward, all the way here from San Diego. And we appreciate your patience. Not too far from Santa Monica. That's right. Divided by baseball teams, though. All right. You may proceed when ready. This is AB 1813. Thank you, Mr. Chair and members. Here to present AB 1813, I want to thank the committee and their staff for their hard work on the bill and state I will be accepting the committee amendments that are outlined in the analysis. So the back story is in 2022, the legislature passed AB 2316, and that directed the PUC to establish a new community solar and storage program if it benefits all ratepayers compensating projects based on the full value of distributed energy resources. In the ensuing proceedings, which I attended by the PUC, they adopted the community renewable energy program But unfortunately that decision contains serious flaws that ultimately rendered the program unworkable and will lead to no new projects being built Specifically, the program does not fairly compensate projects for their full value to the grid and ratepayers and relies entirely on external sources of funding, which have largely been canceled out by the federal administration. This bill, AB 1813, makes needed changes to the Community Renewable Energy Program to ensure that California has robust community renewable programs that expands access to solar to all Californians while providing a valuable tool for achieving the state's ambitious energy efficiency and climate change goals, all while creating high-quality and competitive jobs. With me in support, I have Patrick Welch with San Diego Community Power and Matthew Friedman with the Utility Reform Network. And if the time is appropriate, I welcome your questions and respectfully request your aye vote. Thank you. Patrick Welch with San Diego Community Power. Community Choice Aggregator serving over 969,000 customer accounts throughout San Diego County. Our mission is to deliver on affordable, reliable, 100% renewable energy by 2035 or sooner. As part of that mission, we have established, our board has established a goal of building 300 megawatts of locally sited distributed resources, and we see community solar as a tool in our toolkit to achieve that goal. Building locally is generally more complex than it is and more difficult than it is building the larger utility scale systems. This bill puts forward solutions to the PUC's community solar design. It does it in a way that we think really balances the costs with also the grid benefits. And in particular, we appreciate the bill's approach to the load modification protocols in the legislation. Under the legislation, there's a California Energy Commission process called load modification, where the projects would essentially be determined to have a grid benefit and lower the demand profile of a load serving entity like San Diego Community Power. We have experience with this process through our residential solar battery savings program. It is a verifiable, trustworthy process that determines that these types of assets actually have a grid benefit. This bill takes that existing process and applies it to the community solar program at the Public Utilities Commission. And we think that really helps elevate these projects and makes them more economically viable when paired with the new compensation regime as well. So in closing, just want to mention that San Diego Community Power believes that AB 1813 will support affordability with direct bill savings that customers can see while enabling the deployment of reliable local clean energy resources, and we urge your aye vote today. Thank you. Thank you, Mr. Chair. Members of the committee, Matt Friedman on behalf of the Utility Reform Network. AB 1813 would jumpstart the deployment of distribution-connected renewable energy projects paired with significant amounts of energy storage. Many customers today cannot benefit from behind-the-meter solar because they don't own their property or because their property is unsuitable for solar. Net metering is a policy for homeowners, but 45% of Californians are renters and two-thirds of low-income customers rent. Community solar would allow these customers to subscribe to shared facilities and receive benefits. In 2022, TURN worked cooperatively with the community solar industry and with Assemblymember Ward to support the enactment of AB 1813. The bill directed the PUC to establish a community renewable energy program And our support was based on the recognition that the longstanding voluntary renewable energy programs administered by the utilities were neither successful nor scalable. And by the opportunity to use a community solar program as an alternative compliance option for the new solar home mandate under Title 24, the building code. And despite the clear directives in that bill, the PUC issued one decision in 2024 and another last week, both of which embrace a completely non-viable community energy program that's inconsistent with the plain language of the prior bill and is frankly designed to fail. Due to the extended delays at the PUC in implementing AB 2316, key sources of federal and state funding are now no longer available. and the refusal by the commission to implement this bill and its outright hostility to the net value billing tariff supported by TURN and other stakeholders represents a huge missed opportunity and a failure of state leadership. AB 1813 would redirect the PUC to make changes to its flawed program that will unlock the development of substantial quantities of new local solar and storage that can place downward pressure on rates and the use of this program to provide alternative compliance for the new solar home mandate could result in billions of dollars of savings for all customers. The legislature now has a chance to require the PUC to do the right thing and to create a real viable program that benefits the grid and all customers. We ask for your aye vote. Happy to answer any questions. Thank you. Let's ask anyone else who wants to express their support for the bill. Yeah, come on. Yeah, me too. Good morning. Isabella Bobadio with the Nature Conservancy in support. Thank you. Thank you. Good morning, Chair members. Tyler Tratton on behalf of both solar in support. Thank you. Thank you. Good morning, Mr. Chair. Mark Fenstermaker for Peninsula Clean Energy in support. Good morning. McKinley Thompson-Morley with the Solar Energy Industries Association in support. Jeff Neal representing the Contra Costa County Board of Supervisors also in support. Good morning. James McGarry on behalf of the Coalition for Community Solar Access. Support. Hello. Derek Chernow with Californians for Local Affordable Solar Storage. We're the bill sponsor. Thank you for assembly member Ward for carrying this once again. I appreciate your support. Chair and members, Alicia Priego on behalf of Nexamp in support. Sabrina Gleitz with Axiom Advisors on behalf of the California Building Industry Association in support. Brandon Garcia with Advanced Energy United in support. Thanks. Allison Hilliard with the Climate Center in support. Brandon Smithwood, Dimension Energy and Support. Thank you. All right. Someone rushing to the mic. Sabrina Glides again with Axiom Advisors on behalf of the California Business Properties Association. Thank you. Thank you. Okay. Let's hear from opposition. Thank you Mr. Chair and members. My name is Shelley Leiser and I'm a senior rates manager at the Public Advocates Office which is respectfully opposed to AP 1813 The Public Advocates Office is an independent advocate established by the legislature to represent the interest of utility rate payers Over the last three years our office has been engaged in discussions at CPUC on how to support the development of community solar in a way that avoids raising rates for customers who cannot participate. The term community solar can be misleading. These projects are often cited far from the customers they serve, relying on the utilities distribution system and incurring costs that should not fall on non-participating customers. Last Thursday, the CPC voted out a decision that we believe will protect non-participating customers from increased rates and higher electricity costs. As currently written, AB 1813 unwinds the CPC's decision, a decision which was arrived at after consideration of 23 months of input from numerous parties, including our office. Instead, AB 1813 would impose an alternative program that will result in increased electricity rates. AB 1813 would revisit the very issues that CPUC has already thoroughly examined and resolved. We should allow this recently adopted framework to be implemented and evaluated before changing it. AB 1813 would also create a cost shift from one small subset of ratepayers to all other ratepayers, and this is something the CPUC has spent years trying to avoid. The CPUC's most recent decision was specifically designed to limit cost impacts on non-participating customers. This bill puts forward an alternative proposal that will well result in increased rates for those who are unable to participate in community solar programs. And before I close, I want to note that our office has proposed bill amendments, which we believe would ensure that this bill does not result in cost increases. So at a time when Californians are already struggling with some of the highest electricity costs in the nation, our focus should be on actions that reduce electricity costs for all ratepayers, not on lowering costs to a subset of customers, which will result in increased costs to all other ratepayers. We encourage you to vote no on proposals such as AB 1813. Thank you. Good morning, Chair Allen and members. Catherine Borg on behalf of Southern California Edison, respectfully in opposition of 1813. At its core, AB 1813 raises significant affordability concerns for California ratepayers. The bill allows compensation above avoided costs, weakening longstanding safeguards, and creating a cost shift to non-participating ratepayers, those who ultimately bear the burden of higher electricity bills. Ensuring that non-participating ratepayers are protected from these cost shifts has been a foundation principle in California energy policy, and this bill moves away from that standard. The bill does so in part by miscalculating or misclassifying front-of-the-meter utility scale generation as a load-modifying resource. These resource types are fundamentally different. Load-modifying resources reduce customer demand, while the generation contemplated here supplies energy to the grid. Applying the same framework results in overcompensation relative to the value provided, increasing cost system-wide. AB 1813 also undermines the community renewable energy program established under AB 2316, which was specifically designed to expand access to clean energy while maintaining affordability protections. Several members here voted for that protection. This bill weakens those protections and risks shifting costs in a way that is inconsistent with the program's intent. Finally, the bill disrupts the PUC's ongoing proceeding to thoughtfully balance renewable access with affordability. That was just voted on last Thursday. Rather than allowing that process to continue AB 1813 imposes a framework that risks higher costs without corresponding benefits We support expanding access to clean energy but it must be done in a way that is fair sustainable and protects all customers State laws and mandates already add 37% to the average electricity bill for customers of investor-owned utilities, including Southern California Edison, PG&E, and San Diego Gas and Electric. Don't let AB 1813 add to that average. For these reasons, Southern California Edison respectfully urges a no vote. I've had passed out here a copy of the local reliability area. This would be your new definition of community solar. So I would say that the Big Creek to Santa Barbara would be a five-and-a-half-hour drive, and that would be your new definition of community. Thank you. Thank you, Mr. Chair and members. Israel Salas with San Diego Gas and Electric also in opposition. And based on the map that was provided, the entire SDG&E service territory would be one community. Thank you. Good morning. Brandon Ebeck on behalf of Pacific Gas and Electric and very strong opposition. Thank you. Okay. Other folks who want to raise concerns? All right. We'll bring it to the committee. You know, I want to just appreciate some of the comments that were just made. You know, I think we all want to make sure that, you know, I mean, this committee has certainly been very supportive of a lot of the clean energy work that is at the heart of the coalition that's come behind this. And we also certainly want to make sure that, you know, renters are able to participate as well. and I think that the idea is that a really strong community solar program can support the avoided costs of new transmission and distribution while also at the same time reducing load on the electric grid during peak times. I think Lois Wolk did SB43 a while over, I don't know, was it 12 years ago or something And that was all about creating this community solar program within the IOU's service territory. But we've seen additional efforts stymied at the PUC as folks have tried to develop various community solar programs. So obviously I understand that the agency just adopted this decision. I think it was on Thursday. I know that there's been a lot of frustrations and many awaiting a decision that ensures these projects can actually come to fruition. I certainly appreciate some of the concerns that have been raised by the opposition. I'm also heartened to see such diverse support for the bill, ratepayer groups, organized labor, building industry, environmental organizations. So I support the bill. I think it's really important to support these clean energy efforts and make sure that we can roll them out around the state. I do want to just encourage the author and the sponsors as well to remain open to some of the adjustments that might help to alleviate some of the concerns that have been raised by the opposition. I'd love your response to that, Assemblymember. I think in particular, as the bill moves forward, assuming it's going to pass today, it would be helpful to consider locating projects as close as possible to the customers actually subscribing to the programs to make sure that these clean energy projects are actually delivering on the avoided costs And I just wanted to get your thoughts on that issue and several of the others that were raised by the opposition Thank you Mr Chair I'm happy to respond to that, but I think I may just want to take a step back to that 30,000-foot level and everything and be much more transparent about what happened and didn't happen over the last four years. So we had agreed this would be a wonderful addition to the solar opportunity that we want to be able to see, especially as rooftop solar is not only starting to to a degree saturate but also is being stymied by certain decisions that were there that were making those opportunities a little bit economically unworkable but also recognizing that the green tariff program was failing and that we weren't having an opportunity for more than half of Californians to be able to participate in the purchase and the benefits from new solar systems as well. And so the idea of community solar and storage programs, nothing new, nothing that California is specifically inventing because we are seeing these proliferate in other states across the country. Working on AB 2316, we operated in great faith that we were going to be flexible and consistent with how we often provide this framework and the guidance to the PUC to be able to develop a new program with specific flexibility around those guardrails and let them do their thing that they need to do during the rate-making process. but with a suspicion in mind that, you know, things may not go well there, that certain voices, certain guidance would lead a program and certain decision-making to be essentially not math out, right, not workable economically, and ultimately lead the systems to, or lead the program to fail, leave no systems to be created, no new opportunities, no new jobs to be created. And honestly and frankly, in the last four years, that's what's happened, right? Probably not the only person in this room that gets royally frustrated by a state agency or a state entity that is overly bureaucratic and is overly missing the mark on its responsibilities to be able to deliver on what the legislature is asking them to do, which is actually to have something workable. And so when you look back, and we actually did a deep dive through an oversight hearing this year in the Assembly with all respect to the Senate, we actually looked at what happened over those last couple of years through many of those proceedings. And what we found was the PUC did not even go through its normal course of process and its normal course of analysis when deciding the decision around this very important new program. And so central to that, of course, is using the avoidable cost calculator, other things that we were asking to the community networks that you were talking about, environmental organizations, obviously green energy advocates, the labor advocates, the array of interests that were there saying this is the way that you should be framing up the math of how you're going to be able to get this program to actually implement. And, of course, they didn't go with that idea. They went with this other idea. And what you're looking at right now is the proverbial train that is literally heading to the bridge that is no longer there. This is going off of the tracks and is absolutely going to crash. So our job here through AB13 is to really come back in and say we gave you a chance, PUC. We gave you that flexibility. we need to narrow and better define these parameters because this is what's going to make that program work. You know, for my fellow California elected officials, 12 other states in the last four years have adopted and gone through their regulatory process to make community solar and storage programs work. So this is another very big example of how California is not actually making things work that we largely agree need to actually move forward, not just because we want to be able to meet our green energy goals. this would go a long way to be able to do that, but because these would produce a lot of really good jobs, and we are seeing growing interest actually since the enactment of maybe 2316 from our Central Valley communities that are looking for new job opportunities, new ways to be able to use their land a little bit more effectively. There are multiple wins here, if we can get this right, and AB 1813 is really trained to be headed in that direction. I will say that we just received the Public Advocates Office recommendations for proposed amendments under consideration just last week. Of course, I'm open to a lot of these recommendations. Their voice is very critical in trying to make these programs work. So we'll continue to be able to look at those if and as this bill is able to move forward, Mr. Chair. Thank you. Thank you. All right. Let me just take the opportunity to establish a quorum. Secretary, please call the roll. Senators Allen. Here. Allen here. Echobog. Here. Echobog here. Archuleta. Aragene. Becker. Here. Becker here. Caballero. Nilo. Here. Nilo here. Gonzales. Grove. Here. Grove here. Hurtado. Reyes. Here. Reyes here. Richardson. Here. Richardson here. McNerney, Rubio, Stern. Here. Stern here. Strickland? Here. Strickland here. Wahab? Here. Wahab here. Okay. Thank you. We've got a quorum. Thank you, members. Let's go to Senator Becker. Thank you. I know it's incredibly frustrating for you and certainly for me as well. Four years after your first bill, we have a negligible community solar here in this state. And community solar is valuable for the reasons we've heard, particularly for people who are renters or cannot put solar in their own homes to be able to buy into community solar and have that serve their community. That's why other states have figured it out. In Florida, they built 3.8 gigawatts of community solar. In New York, 2.4 gigawatts of community solar. Minnesota, 932 megawatts of community solar. Maine, in fact, has more community solar than California has. And I think it's just a real shame we've not been able to figure this out. And I think it's very interesting that we've been asked to trust the PUC on this one. I was chair of our budget sub two on resources and energy. And when we were asked to implement your bill and the PUC came before us and turned others, argued that their methodology was not the right approach and would not lead to any community solar. They're treating community solar as if it was coming the same, you know, the electrons as if they were coming from, you know, thousands of miles away and anywhere across our state, let's just say. And we argued that would kind of negate the intent of the community solar program. And certainly that's been the case. We have very negligible community solar here today. So I'm going to trust you. And I know that you've been working on this issue. I really appreciate that and urge us to support this bill moving forward today so we can have a real community solar program here. in California. Thank you for your work. Thank you. Senator Reyes. I want to echo my colleagues' comments. I want to trust you on this. I do trust you on this because in 22, in the Assembly, we voted for the community solar that you were proposing, and it was well put together, well thought out. It's unfortunate that we get a decision from the PUC at the 11th hour and having to deal with how that might affect or might not affect But the comments from the public advocate of course are extremely important And I do appreciate that they did offer some amendments And their comment was that those amendments would probably remove their opposition And I think I know how thoughtful you are on your bills and trying to reach the right balance. So I know that that's something that you will be working on, just as you have mentioned here. earlier there were comments about the cost savings for some and not for all and I think you've always been clear in 22 as you are here that you want cost savings for all of the rate payers and trying to find that balance I know that as the initial author and now as the author of this follow-up bill you are the right person to do that so I absolutely will be supporting Thank you Senator Thank you I apologize. I just arrived. I was in another committee. Curious. It's my understanding, and correct me if I'm wrong, that on June 11th, the CPUC adopted a decision establishing a process to implement the customer community renewable energy tariff that was established in a 2024 decision. What are your thoughts about this bill, or how would this bill interfere with that implementation of that recently adopted decision? So they, of course, always are subservient to what the legislature is putting in statute as far as where we want to see a program ultimately designed. I will say that that timeline has absolutely been moved. In fact, at one point we weren't ever sure when they were going to get around to having a decision. How convenient that they decided to go ahead and expedite that and get that a week before this committee hearing that is going to be able to potentially, like, you know, be injected into the conversation that we're having here. It doesn't negate the deep concern that I, advocates, and others that want to see this program actually workable, that the underpinnings of some of that decision are still rendering this program to be economically viable. If it's okay with you and the chair, I'd like to actually ask Mr. Freeman to be able to come up to talk about the very specific math that is at the heart of what we're talking here because we still have a time to be able to get this train back on the correct track and make sure that the end goal are products that are going to be able to produce the energy that we are directing them to do, produce the jobs that we want to be able to see and really make a workable program. If the chair would allow, I would love to hear, you know, how this bill interacts with the decision. So the chair, he wouldn't mind. Thank you, Senator. the decision that the PUC adopted last week, really what they adopted is a sham program that is not going to work. Everybody knows in the proceeding that the program is not going to work. And in fact, the PUC's own decision acknowledges that the program itself cannot move forward unless this legislature appropriates a significant sum of money either from the general fund or through the Greenhouse Gas Reduction Fund to pay the savings that customers would realize who subscribe to these projects. So understand, the program cannot move forward without a supplemental appropriation. The PUC's decision even tells the utilities, don't spend any time or money implementing this program until the legislature takes action to appropriate new money, knowing full well that that's not going to happen. The PUC decision links the compensation for the community solar project to the price that is currently paid under what is called the REMAT program the Renewable Energy Market Adjusting Tariff for small projects This price is essentially non-financeable for the type of community solar projects that we're talking about, especially community solar projects that include energy storage, which is extremely valuable to the grid. And in fact, under the existing REMAT program, since 2017, only two solar projects have been successfully built, and they were only built because of the federal investment tax credit that has now gone away. There is no path forward for the viability of projects under this new program. So the question is, how does this bill affect the PUC's decision? It does affect the decision. It requires the PUC to do what AB 1813, what the original bill that Assemblymember Ward authored several years ago, told the PUC to do, which is to use the avoided cost calculator to calculate the compensation for community solar projects. That was the understanding of all the people who worked on the original bill. In fact, the analysis from this committee when it was up four years ago explained that the language would require the PUC to use this methodology. It was understood by the governor's office and other folks. The PUC simply ignored that understanding to adopt an alternative proposal that was made by Southern California Edison at the very end of the proceeding. The avoided cost calculator is what is used to compensate solar exports under the net metering program for the new net billing tariff. And in fact, when you hear the public advocate's office and the utility say, talk about a cost shift, we've heard a lot of cost shift conversations around the net energy metering program. From their perspective and from TURN's perspective, there's no cost shift if we use the avoided cost calculator to measure the value of rooftop solar. So you have one customer with a rooftop solar system that is exporting a kilowatt hour onto the system. They're getting compensated today under the new program, the net billing tariff program, using the avoided cost calculator. The bill that Assemblymember Ward authored and that was adopted said use the same methodology for these community solar projects. A kilowatt hour exported from one project to the distribution system should be the same as the value for another one. The PUC has basically adopted a very different approach that treats those two kilowatt hours completely differently and therefore significantly disadvantages the community solar project and makes it impossible to move forward. So the current program is designed to fail because the PUC doesn't want such a program to exist. That's how you have to read between the lines and understand why the PUC took this action. They are not interested in a viable program. This bill would ensure that the PUC actually develops a program that's going to work and provide benefits, including the most important benefit is to provide alternative compliance for the state's new solar home mandate, which requires rooftop solar for new residential construction, but provides an alternative compliance method for the community solar program. This community solar program, it was estimated in the PUC proceeding under the avoided cost calculator approach that's in this bill, could provide $7 to $8 billion of savings for every 1,000 megawatts of community solar as an alternative to rooftop solar because the community solar program is so much cheaper. No party rebutted that analysis in the PUC proceeding, and the PUC itself completely ignored this argument in its decision. So the PUC process is just quite faulty. I could go on but I know I just wanted to give you a flavor for some of the critiques that we raised and why the PUC decision is not going to work and requires a correction from this legislature to affirm that it meant what it said when it passed the original bill several years ago Mr. Chair, do you mind if I respond to that? Very briefly, please. Thank you. Yeah, it's misleading to equate these types of community solar models with rooftop solar that's located on a building. These projects can be hundreds of miles away, so they should not get identical compensation for their exports. We're talking about the ACC here, the cost calculator. And in the original legislation, AB 2316, there was a very important consumer protection that we supported, saying that any community solar program should not force costs onto non-participating customers. And that ended up being a lot of the crux of the CPC's decision, was that it could not find and that it said it was not, that it's not possible to show that these types of facilities avoid distribution and transmission costs, and they do not avoid generation capacity costs. So compensating them using the avoided cost calculator, which provides these benefits, would be overcompensating them. And our initial analysis has shown that at the public advocate's office, excuse me, has shown that the avoided cost calculator is about four times more expensive than the wholesale rate. So it would be a pretty extreme overcompensation scenario. In terms of the analysis that Mr. Friedman was referencing, we did dig into some of the assumptions in that analysis, and it seemed that the authors were assuming optimal siting for the resources to be in the areas that would decrease costs the most, which I think is very overgenerous and not quite realistic. Thank you. So I guess my final question would probably be your response, your thoughts on the concerns that they have about using the same cost calculator, the avoidance cost calculator, which doesn't really reflect the long distances that the energy has to travel in being equitable in comparison to the rooftop solar? So I think that, you know, there continues to be a back and forth between what is and is not going to be able to work in practice right now. And I would candidly say that I think there is some perspective by many commissioners as well about what is or is not actually workable when we're thinking about the valuation of a lot of this. We've seen what some horrible decisions have been done to the industry to support rooftop solar right now. So let's just sort of put that over here. But as an underpinning, you know, it sort of guides, you know, sort of what their overall ethos is towards the decision making with regard to solar opportunities. What we're missing here, because I think of all that same philosophy, and because of the lack of consideration for calculations that they already had been using for other programs historically, but failed to use for the consideration of this program is an intentional outcome that is going to render a program economically inviolable. And so that is the deep concern, is that we need to be more specific as a legislature about what our expectations are, about what they should be bidding. And Senator, it would be consistent with exactly how they've calculated the rate making and the valuation for previous programs that the PUC has considered over the decades. So I think that is something that is going to be probably an ongoing consideration for further proceedings that we would actively engage in as well. Like I said, you probably walked in just after and mentioned that the Public Advocates Office had submitted to us just last week a list of recommendations that they would like to be able to see. Last week, we are looking at those. We want to be able to incorporate everything that we can to try to be able to meet some of those terms. And so that's my commitment as an author is this bill, if it has to build and move forward. Thank you, Member Ward. I think what I'm going to personally, I think it's encouraging to see that you are working with the opposition with regards to some of the concerns and the items that they would like to see, especially as a public advocate. I think I have a little bias towards making sure that I heed their counsel. So I'm going to hold off, but I'm going to wait to see what your bill looks like when it comes before. I'm assuming it's going to go. Where does it go next? Appropriations. Appropriations? Yep. Okay. And then to the floor. It's just appropriation and then to the floor. I'm going to wait to see how the final bill looks like before we vote on it on the Senate floor, and then I'll revisit what the outcome was and what the concerns or what has been addressed by the opposition before I do support the bill. But I appreciate the work that you've been doing, especially because you have history on this front, and I respect the knowledge that you've acquired on that. So I look forward to seeing what the bill looks like moving forward. And with that, I will be abstaining, but look forward to see the final language when it comes before me and this and that floor. Thank you, Senator. I hope you'll be pleased with the progress that we're going to make by the time it comes to the floor and everything. And I'll give you a glimmer of hope in that I had mentioned earlier that we see a lot of interest coming out of the Central Valley for landholders there that see this as a major opportunity for economic development and for a new purpose for a lot of land that's otherwise been fallowed. Another area of the state that's also seeing a lot of potential high opportunity for this kind of model is the high desert. I know. I'm excited. I like the principle. I love what you're looking into. I just want to make sure that the concerns are addressed. But I am excited to see where you're going. I mean, of course, where the desert. We're looking for it. Absolutely. So my district would definitely benefit. Thank you. Okay. All right. Anything else you want to say to close? No, Mr. Chair. Okay. Thank you very much. I'm certainly happy to support the bill. I know you have a lot. You certainly have some more work to do, but important goals. Let's call the roll. Is there a motion? Is there a motion? So moved. Moved by Senator Stern. Do pass as amended to appropriation. Senators Allen? Aye. Allen, aye. Echoa Bogue? Not voting. Archuleta? Araguin? Becker? Aye. Becker, aye. Caballero? Gonzales, Grove Hurtado McNerney, Nilo Reyes Did you just call my name? Yes. No. Nilo, no Reyes Richardson, Rubio Stern Stern, aye. Strickland? No. Strickland, no Wahab Okay, we'll leave the roll open for folks to add on Thank you very much. Let's go to Senator Pappin Sorry, Assemblymember Pappin She's been waiting a while. Let's go to AB2111. You may proceed when ready. Thank you, Chair and members. I'm delighted to present AB2111. California's transmission planning process relies on a single forecast, and when that forecast misses, ratepayers pay the price. This bill premise is if you build it with room you be able to cost accommodate our energy needs AB 2111 requires the CPUC to plan for multiple demand and resource scenarios instead of just one Right now, planning is based on a single set of assumptions about load, growth, electrification, and future generation. But demand is already exceeding those assumptions, driven by things like electric vehicles, data centers, and broader electrification across the economy. When planning falls behind reality, the grid becomes very constrained. In the most recent interconnection cycle, over 10 gigawatts of proposed capacity wasn't able to move forward, in part due to transmission limitations and upgrade costs. These bottlenecks limit where projects can be built, reduce competition, increase costs for ratepayers, and create reliability risks during periods of high demand. By identifying upgrades across a range of plausible futures, AB 2111 helps identify transmission needs earlier, reducing bottlenecks, and supporting a more competitive and reliable grid with lots of energy generation possibilities. With me today to testify on behalf of this bill is Myles Horton from Sonoma Clean Power. Take it away, Myles. Thank you, Mr. Chair and members, and thank you to the author for her leadership. I'm Miles Horton with Sonoma Clean Power. We are a community-owned power provider serving Sonoma and Mendocino counties. And we really got into this space because as we were going out to try to buy newer, cheaper, clean resources to serve our customers, we were finding that we couldn't get our hands on them due to lack of transmission. And this is an issue that's happening all around the state. And so what's happening is these resources that we need to meet our climate goals, to save our customers money, to maintain reliability, just increasingly are not available because the transmission is not in place. And that has a lot of really negative impacts for the whole system. AB 2111 is a really kind of common sense approach, actually, that basically says, like the author mentioned, let's look at a range of plausible scenarios and build transmission so that we're ready for whatever can happen. and we can still accomplish our goals in terms of climate, in terms of ratepayer affordability, in terms of reliability, across that range of scenarios. We're not going to be caught flat-footed if something happens that we didn't predict and then not have enough transmission to get where we need to go. So we're very supportive of this. We just thank the author for taking this on and happy to take any questions. All right, others who want to voice support for the bill? Thank you, Mr. Chair. Mark Fenstermaker for Peninsula Clean Energy, a proud co-sponsor of AB 2111. I want to thank our Assembly Member for her leadership on this issue. Thank you. Want to voice opposition? Concerns? No? You just like to stand there? Good morning, Kiara Ross, on behalf of the cities of Belmont, Redwood City, San Mateo, and the town of Hillsboro, all in support of the bill. Thank you. You had second thoughts. Okay. Good morning. Melanie Law on behalf of Clean Air Task Force in support. Chair members, Yael Dentes on behalf of San Diego Community Power in support. Good morning. Kate Brandenburg on behalf of Abundance Network in support. Thank you. Melissa Cortez on behalf of the California Wind Energy Association in support. Sean McNeil, California Community Choice Association in support. Great. Thank you. All right. Opposition concerns We bring it to the committee Thoughts concerns motions Senator Becker Yeah I very much appreciate this bill folks on long planning I'd love to be added as a co-author, and I'll move the bill at the appropriate time. Okay. Yes, sir? Oh, sorry, I was just getting ready in case there was questions. Questions, okay. All right, so moved. No other questions? Why don't we give you the chance to close? I will proudly add you, Senator Becker. Thank you for the support. It's just all about planning. And if we fail to plan appropriately, we won't be able to accommodate our needs. So I appreciate it and respectfully request an aye vote. Okay. Thank you. Secretary, please call the roll. Do pass to appropriation. Senator Allen? Aye. Allen, aye. Echobog? Aye. Echobog, aye. Archuleta? Aye. Archuleta, aye. Errigine? Becker? Aye. Becker, aye. Caballero? Aye. Caballero, aye. Gonzalez. Grove. Grove, aye. Hurtado. McNerney. Nilo. Aye. Nilo, aye. Reyes. Richardson. Rubio. Stern. Strickland. Aye. Strickland, aye. Wahab. Aye. Wahab, aye. Okay. Thank you. Thank you. We'll let other folks add on. While we're waiting for the next author, let's lift calls. Let's start with AB 1301. We're not just lifting calls. We're going to be starting some votes. AB 1301, Petrie Norris. Do pass as amended to appropriations. Senators Allen? Aye. Allen, aye. Echoboge? Aye. Echoboge, aye. Archuleta? Aye. Archuleta, aye. Aragene? Becker? Aye. Becker, aye. Caballero? Aye. Caballero, aye. Gonzalez? Grove? Grove? Aye. Grove, aye. Hurtado? McNerney? Nilo Aye Nilo, aye Reyes Richardson Rubio Stern Strickland Aye Strickland, aye Wahab Okay, let's go on to AB 2463, Petrie Norris Due pass to appropriations Senators Allen Aye Allen, aye Echobog Aye Echobog, aye Archuleta Aye Archuleta, aye Arrigine Becker Aye Becker, aye Caballero Aye. Caballero, aye. Gonzalez, Grove. Aye. Grove, aye. Hurtado, McNerney, Nilo. Aye. Nilo, aye. Reyes, Richardson, Rubio, Stern, Strickland. Aye. Strickland, aye. Wahaw. All right. We'll go to AB 1715, Schiavo. Due pass is amended to appropriations. Senators Allen. Aye. Allen, aye. Echobog. No. Echobog, no. Archuleta. Aye. Archuleta, aye. Arrigan, Becker, aye. Becker, aye. Caballero, aye. Caballero, aye. Gonzalez, Grove, Hurtado, McNerney, Nilo, aye. Nilo, aye. Reyes, Richardson, Rubio, Stern, Strickland, no. Strickland, no. Wahab, Richardson, aye. Okay, let's go to AB 1813, Ward. Due pass as amended to appropriations, current vote 3-2. Chair voting aye. Vice-chair not voting. Archuleta? Aye. Archuleta, aye. Araguin? Aye. Caballero? Aye. Caballero, aye. Gonzalez? Grove? Hurtado McNerney Reyes Richardson Rubio Wahab Okay, we'll go to AB, everyone voted on AB, let's go to AB 211, 111, Pappen, 2111. Do pass to appropriations. Current vote 9-0. Chair, Vice Chair voting aye. Arrageen, Gonzalez, Hurtado, McNerney, Reyes, Richardson, Rubio, Stern. Richardson aye. Richardson aye. Okay, I see. Let's do the consent calendar quickly. Who wants to move the consent calendar? Moved by Vice Chair. Mr. Schultz, you can come to the dais. Let's do the consent calendar. Quick vote. AB 2175. Garcia. Senators Allen. Aye. Allen, aye. Echobog. Consent. Yes, aye. Sorry. Echobog, aye. Archuleta. Aye. Archuleta, aye. Araguin. Becker. Aye. Becker, aye. Caballero. Aye. Caballero, aye. Gonzales, Grove, Aye. Hurtado, McNerney, Nilo, Aye. Nilo, Aye. Reyes, Richardson, Aye. Richardson, Aye. Rubio, Stern, Strickland, Aye. Strickland, Aye. Wahab. Okay. Let's let Assemblymember proceed with AB 2266. Well, good morning and thank you very much, Mr. Chair and colleagues. I'm pleased to present AB 2266 this morning, and I want to thank the committee for their hard work on the bill. Before I go on, I'd like to note that I'll be accepting the suggested committee amendments further described on page 7 of the committee analysis. AB 2266 makes three process improvements at the California Public Utilities Commission to increase the state's confidence in maintaining grid reliability while decarbonizing the grid. First, it would consolidate the compliance reporting for three separately enacted but interrelated CPUC programs affecting the same electrical grid. Specifically, AB 2266 would give the CPUC almost four years to consolidate the compliance review work stream to ensure data consistency and increase transparency of the state's progress towards our clean energy and reliability goals. Second, the bill requires that the agency use the same math to measure the reliability value of a resource regardless of whether we're looking at short, mid, or long-term reliability. Currently, the resource adequacy and integrated resource planning programs use different math for assessing the reliability value of a resource, even when looking at the exact same electron from the same power plant. This divergence is a result of regulatory paperwork, not the physical reality of a power plant's ability to produce electricity during peak demand. AB 2266 does not impose one mathematical calculation over another. Instead, it directs the CPUC to reconcile its own internal inconsistency and converge on one method for compliance review. Nothing in AB 2266 restricts the CPUC from using different methods for the purpose of stress testing different assumptions or scenarios. And finally, if backstop procurement is used by the California Independent System Operator to maintain reliability, AB 2266 would require the CPUC to do an evaluation for the purpose of considering program improvements to reduce future reliance on backstop procurement. In short, AB 2266 is a good governance bill aimed to increase public transparency and promote continuous improvement of program administration. administration, all with the goal of keeping costs low for Californians. With me today to speak in support of AB 2266 is John Newton on behalf of AVA Community Energy, as well as Rebecca Lee, Director of Western U.S. Energy Market Policy with NRG Energy, who can provide further technical assistance. And at the appropriate time, Mr. Chair, I'll respectfully ask for your aye vote. Okay. Let's hear from you. Chair Allen? Vice Chair Ochoa Bog? And committee members, thank you. My name is John Newton, Director of Regulatory Affairs for AVA Community Energy. We serve over 2 million customers across Alameda and San Joaquin counties, and we strongly support AB 2266. This bill addresses a critical challenge in California's reliability planning. Today, the state's long-term procurement and near-term resource adequacy programs evaluate the reliability contribution of the same resource differently, as you just heard. That creates uncertainty about whether the resources we build today will satisfy our grid needs tomorrow. For example, in the long-term context, hybrid solar plus storage projects can have a combined reliability value greater than their standalone parts. Something like 120 megawatts of hybrid capacity can satisfy a 100 megawatt need 10 years in the future. When that asset comes online, the near-term resource adequacy program sees that hybrid resource as only 70 megawatts. Now the system is short, 30, pushing us into emergency short-term procurement. Imagine how that inefficiency compounds as California builds gigawatts of new capacity each year to reach our long-term goals. Without aligning our resource counting between long-term and near-term programs, we risk discovering too late that resources counted in long-term planning do not satisfy reliability needs when they come due. That uncertainty carries real, expensive costs for our customers. AB 2266 establishes a common-sense fix, consistent measurement across programs. This helps avoid duplicative procurement or emergency backstops while preserving the Commission's authority over technical implementation. At a time when California is working to better align planning across state entities, AB 2266 advances that same goal by promoting consistency within the CPUC's own reliability programs. For these reasons, Ava Community Energy respectfully supports AB 2266 and asks for your aye vote. Great. Thank you. Rebecca.

Adria Tinninwitness

Vice Chair, members of the committee, Rebecca Lee, on behalf of NRG Energy. We are both a retail electric service provider in California and as well as own and operate and manage under contract over 25 gigawatt of generation capacity in North America, including demand response and virtual power plant offerings. When we look at California and the potential investments that could sustain California's ambitious SB 100 goal, one critical importance is the alignment and harmonization of the different programs affecting the same grid. California can be a leader. It doesn't have to be a leader on paperwork. And with that, urge an aye vote.

Committee Chair Benjamin Allenassemblymember

Great. Thank you. Other folks who want to voice support for the bill? Sean, you're in support?

Senator Schillersenator

Yes. We are in support Sean McNeil of California Community Choice Association We are support if amended One of our amendments was addressing analysis. So we're still supportive. It's a small little issue. We're still just working out. Very minor. But confident we can work that issue out as the bill moves forward. Thanks.

Committee Chair Benjamin Allenassemblymember

Great. Opposition.

Sarah Fitzsimonsother

Good morning, Mr. Chair and members. My name is Sarah Fitzsimons, and I'm the Policy Director at the Independent Energy Producers Association, better known as IEP. IEP is a trade association representing independent power producers whose generating resources include solar, wind, geothermal, biomass, hydropower, energy storage, and natural gas. It is because of this mix of resources that we are uniquely situated to understand the impact of choosing only one capacity valuation methodology for all resources in both the RA and IRP programs. Tasking the CPUC to choose one valuation method creates under-procurement risks which will lead to costly backup procurement, which typically emits higher GHGs. California has a robust mix of resources that contribute to an ever more reliable grid as we continue to improve data inputs and valuation methodologies to capture the entire capacity contribution of each resource of the grid. Currently at both the CPUC and the CAISO, there are active proceedings and initiatives contemplating which capacity methodology best suits each resource type. Solar, wind, thermal, and energy storage resources use different methodologies that work together to achieve maximum reliability. There is currently a proposed decision at the CPUC, I'm currently drafting my comments for that, in the RA proceeding that would, if passed, finalize these proposed methodologies by May 2027. In the IRP, at the same time, the CPUC is developing a forward-rolling procurement program that replaces the piecemeal procurement of the past few years. This program, the RCPPP, will, like the RA program, use a mix of valuation methodologies to achieve maximum reliability. It is critical that we use the most accurate valuations because this program will trigger new clean energy development. Leapfrogging these proceedings rids of years of expert input and analysis. Because of the state's GHG policy, there have been drastic, wonderful changes to the resources in our grid mix. We are so close to getting these values right, ensuring that we meet our goals. Taken together, if we underbill due to inaccurate valuation in the IRP, then we under-procure in the RA, and we'll need costly and high-emitting backup procurement. These methods are complicated. I completely understand that. I comment in these proceedings myself. But the experts have never been closer to getting these values right, sending market signals for reliable, clean energy development and procurement. So for these reasons, we respectfully are opposed to AB 2266, and I'm here for any questions later on.

Committee Chair Benjamin Allenassemblymember

Thank you. Thank you. Okay, questions from the others who want to voice opposition or concerns? Questions from the committee? Senator Rubio followed by Senator Cavallaro. Thank you for this. I just want a little bit of clarification only because at the end of the day, we always speak about these bills in terms of how it helps our communities, how it lowers cost. And I just heard, I think, the opponents say something that struck me. And I know that when I talk to the proponents, it's about utilities avoiding over-procurement so that would reduce costs. And then I just heard the opponents say that there a risk of under as a risk to cost So there some disconnect there So I wanted to see if you can just put a fine point on that and see if you can help me understand. We're saying the same thing, but in different ways. Just giving you a chance to explain further. Well, thank you very much, Senator. I agree. I think that we are actually very close on this bill. I think it's just a fundamental difference in approach. With your permission, I'd like to bring up one of my witnesses to further elaborate why we feel that cutting back the red tape and streamlining this process will lead to lower costs for consumers. So Ms. Lee will come up at this time.

Cottie Petrie-Norrisother

Thank you, Senator, for the question. The risk is not just over procurement or under procurement. It's that when different programs use different valuation methods, we have two alternative facts. And with that, it paralyzes the decision-making in terms of what is the true scenario we are trying to transform the grid toward. And having consistent math and approach creates consistency so that decision-makers like you can make more intentional actions around procurement obligations and compliance standards. So there's nothing in this bill that would restrict the PUC's authority to do that periodic frequent assessment of our true reliability position. But it is to ensure that between programs there are consistencies so that we have the best data available to understand our true underlying reliability position.

Committee Chair Benjamin Allenassemblymember

Well, that helps understand. It was very strange for me to hear the same sort of structure sentence thrown at us as a risk for cost to the consumer. So I still think that there's a little bit of disconnect in the way it was framed. But let me ask you another thing, and I know that I'm just trying to understand the processes for the CPUC. Aren't they currently working on this? How does this come from? Is there a conflict with the CPUC in the work that they're doing right now? Tell me a little bit about that. Absolutely, Senator. I don't believe there to be, but again, I would refer to one of my technical experts to come up and answer that question with your permission, of course. Sure. Thank you.

Annabelle Hopkinswitness

Committee members, Madam Senator. You're right that there are some interesting differences of how this all works out. There is a divergence that is widening between the long-term and the near-term reliability planning processes as it currently operates within the CPUC. One of the goals of this legislation is to ensure that there is better alignment, particularly as we're handing off long-term to near-term reliability planning. If I may offer an analogy. In 1999, NASA's Mars Climate Orbiter mission failed because the planning teams were not working together to use the same measurement. One was using imperial and another was using metric measurement standards as they were designing this orbiter. It burned up upon approach to the planet. We don't want to see that happen in California. We want to see the long-term handoff smoothly to the near-term reliability program. We want a consistent reliability counting metric so that we have confidence that what we're building in the future will meet our near-term reliability needs. You're right, though, that if you use a different set of resources, different, I used an example of a solar plus storage hybrid combination for long term as it goes to near term reliability Those numbers look very different if you look at different technologies What this does for load entities like AVA or for other organizations that are building power plants independently is that it tends to create a mismatch. Which program are you attempting to serve? This bill helps California ensure that we're building what we need for the future when it comes to be the present. Thank you.

Committee Chair Benjamin Allenassemblymember

So it sounds really interesting, again, the framing of everything. But, you know, what I'm hearing is we're building for the future of tomorrow, and I think all of us want to go there, right, reliability and making sure that we're in a good position to plan for the future. But I still continue to have some concerns of planning for the future, pushing the cost to consumers now. So I'm just going to keep an eye on it. And I just wanted to point that out, that I still, my current position is always, you know, the current status of where we're living, the cost of living, what consumers are having to deal with right now. And it's very clear our consumers are having a hard time with bills and the cost of energy. I just, you know, like I said, I just want to put caution there that I still have to be, I'm going to do a little bit more research because I'm afraid that, again, it's very clear we're building for the future. But usually when we bill for the future, it means that current consumers may pay the cost for that future. And right now it's just such a bad time. But I'll leave it there. I'm just going to do a little bit more research, and I will be supporting the bill. I just want to make sure that we're always mindful of that cost in today's, you know, high cost of living. Thank you. Thank you, Senator. Senator Coillietta, followed by Senator Stern.

Don Gilbertwitness

Thank you very much, Mr. Chair. So let me just say that I agree with some of the goals that you're trying to achieve here. And the whole idea of cutting cost of energy, removing red tape, eliminating requirements that don't actually add value to the information that we're trying to collect. But there are some issues that have been critically important to me, representing the Central Valley, and the lust that exists in part of the community around what energy can be produced in the Central Valley that benefits the entire state. And I use that word specifically because it overrides any other concern that is local that provides a low-cost energy source for them to reduce their costs, which are the highest in this state, and also creates the opportunity as we're converting from agriculture to solar good jobs that are permanent that stay in the community. And so there's been a rush to do solar and wind, and that's it. And any time we talk about these other alternative energy opportunities, whether they be battery storage, hydrogen, thermal, carbon capture, that all create an opportunity for permanent good jobs in addition to solar and wind. We just can't get there because they keep getting eliminated from the technicalities of how we're going to assess where we're at and the opportunities for the future itself. where we put that in relationship to the grid. So I am very concerned with the statement made by the opposition because it seems to me, again, the thumb is on the scale. And I've been asking for data on the impact, environmental impact of having miles of solar panels panels in a region that's part of the Pacific Fly Zone and where people are desperate for good jobs. And we're going to be eliminating the agricultural industry in much of that area. So I'm concerned because for the sake of efficiency and for the sake of having one way of looking at how we're analyzing the opportunities for energy, that we're not also creating an opportunity to explore other alternatives. And so I don't know if you can address that. But I've kind of gotten to the end of the road about looking at ways that we can create other forms of energy, utilizing the new technology that's being produced, and then walking in a direction where we just say, look, we're going to continue to extract energy out of the Central Valley, but we're not going to worry about jobs. We're not going to worry about the infrastructure necessary for other industries to be able to come in. Absolutely, Senator. I appreciate your comments, and I think you raise many good points. The only thing I'd be remiss if I didn't point out is that our bill does not touch upon the issue of what generation goes online. The bill is, at its core, really aimed at many things, but I would really argue two. consolidating compliance reporting and really improving efficiencies in communication with the CPUC. And the other critical one, math is a universal language, but ensuring that we're using the same language when we're looking at the reliability of each of these energy sources. That's really what it goes to the heart of. I can tell you that we've had very productive conversations with the representative and more broadly with IEP. And should the bill come out of this committee today, we're fully committed to continuing to work with them. But at its core, I think this is a bill about speeding up a process and cutting red tape and improving efficiencies, all of which I think have incredible capacity to save consumers real costs. So I appreciate the reliability discussion, but the problem is if we put our thumb on the scale and we said these are the energies that we've made major investments in, and we can deploy them immediately, and then we can get rid of our over-reliance on fossil fuels As an example, carbon-emitting industries, then we don't expedite the development of these other processes. And part of what concerns me is we had a $1.4 billion federal grant for hydrogen, which would have expedited the development of hydrogen as a resource for our hard-to-decarbonize heavy transportation sector and would have provided us with the juice necessary. Instead, the state is backed off of, we have no investments in hydrogen now that I can point to anymore And so solar becomes the only alternative And I just concerned because every CCA has looked at the Central Valley as a place to put solar energy panels And when I've had discussions with a couple of them, with the exception, I believe, of Marin County, who has included the cities of Dos Palos and Los Baños, the interest is coming to the valley but not including the valley as part of the CCA authority and the reason is logical it gets back to this you look at this is a logical cut thread tape it's logical the valley has very different energy needs than the coastal area and those energy needs become difficult for a CCA to balance within their authority, and they have different competing interests on their board that become difficult to manage. So I know I'm throwing a lot on you, but I've done a lot of work in this area, and part of the challenge is I just don't see the passion for people as much as a passion for making it simpler to do energy, and the only energy is solar and wind. So I'll leave it there. And I apologize for kind of, eh, but it's kind of like getting to the end of my term. And so there's going to be more, eh, like that. Thank you.

Committee Chair Benjamin Allenassemblymember

We've enjoyed this. This is the Senate's first hearing of assembly bill, so it's good. We're kicking the tires on all this legislation. I think it's a healthy conversation. I appreciate it. I think you win wonkiest bill of the hearing award. Wonkiest bill yet. So I appreciate the depth of the conversation.

Senator Sternsenator

And let me just indulge in it for two seconds and ask your witnesses a key question here. Do you mind, I don't know, roll the dice between you, maybe Ms. Lee, I'm not sure, about the PUC proceeding that's currently occurring. If you don't mind, whoever you want. Yeah, Rebecca's going to hide. That's okay. Currently, the PUC is considering a uniform methodology, correct? They have a current, you know, the staff proposal said we're looking at a sort of dual approach, dual accounting, system-wide benefit, and then this 24-hour, you know, the daily, the ELCC. but they haven't foreclosed the possibility that there also could be a uniform accounting methodology? Am I getting that right?

Annabelle Hopkinswitness

Senator, if I might. Yeah. The answer, of course, is that it's a bit complicated, but as mentioned from the opposition witness, the IRP proceeding is considering in its Renewable Clean Power Procurement Program, or RCPPP, analysis, a range of possible accounting methodologies. It's a combination of long-term, other, near-term, and it's a blend of things potentially. This permutations in the RCPPP could take a combination of things. It could steer one way or another. We've advocated, AVA specifically as well as coalition members, for a consistent methodology. That is not yet clear that that's where the commission is going. The near-term reliability program is going, if I may use the phrase, whole hog in a different direction, or towards a single reliability counting methodology So as I mentioned earlier there is something of a divergence between long and near programs Right so I mean the analysis says that the desire for uniform methodology is understandable and it something that the PUC and CAISO are considering in relevant proceedings. Do you agree with that? It is true that they are considering them. It is not clear that they are going that way. Right, but they may adopt those. They may end up landing there. Yes. So in theory this bill is sort of a way to shape that conversation. Maybe it passed and becomes law, but under existing law, the PUC or the ISO could adopt a uniform methodology. They don't need a change in law necessarily to go that route? In theory, yes, but in practice, I would caution that that's unlikely

Senator Sternsenator

because the reliability programs that the different agencies, as well as the ISO, are using slightly different approaches. Well, they have slightly different goals, too, correct? I mean, to the opponent's point, there are different resource attributes, and especially when you get into their hourly obligations of the LSEs, you're going to look at resources differently. So just how do you wrestle with that, the attributes being different of different resources, especially when it comes to those kind of decisions? And why wouldn't you, say you even had a uniform methodology, why wouldn't you have sort of integrated those attributes and sort of, I mean, Aren't you going to end up with a bifurcated uniform methodology in the end anyways just because the nature of the attributes are different? So even though you sort of get the win of a uniform, you end up with two anyways just because they operate physically differently?

Annabelle Hopkinswitness

Well, Senator, I would respectfully disagree. I think that we would, as an LSE, but also as a state, we would derive tremendous benefit from having a directed single-resource reliability counting methodology, certainly with the CPC's programs. When we consider AVA, our long-term resource needs, we are having to reverse engineer the way that that resource and the portfolio that we build will operate in the long-term place and then compare to how it operates in the near-term place because there are regulatory programmatic rule differences. It creates a lot of friction in how we are evaluating and how we are orienting our investments. I understand that, and I know we have a vehicle on your side from the Senate looking at even RA trading for you all to do compliance, and the RA market's expensive.

Senator Sternsenator

We get that that's a pressure on folks like Ava and the other CCAs out there. I guess I'll just leave you with this gripe, and Mr. McNeil and all the – Ted and all my CCA folks back home have heard this. I just – I still care that the CCAs are able to deliver reliability locally. and that that matters. And so the ability to actually invest in generation projects that are going to affect local reliability actually assists with that versus buying paper or trading for it. I guess it's lower cost, and, again, you might meet an RPS goal, but part of the reason there are two accounting methodologies here is because from a day-to-day basis as a load-serving entity, as you're categorized, you actually have that same obligation the utility does, and that's why we give you equal footing. And so I think it's sort of inherently part of the compact that you're in is to deliver that. And so I just – I'm reticent about, yeah, how much – if we came up with one statewide, how is that local grid really going to be affected? So anyway, it's just something I'm going to hopefully be looking at going forward. You happen to have a very good author here and who can navigate very dense issues. But I appreciate you letting us kick the tires, Mr. Chair, and to the Assemblymember. I think it healthy and I think hopefully PC and ISO are watching too because I think that actually hopefully this debate helps inform their discussion and we can land something that actually going to get some investment from the folks like your other technical expert here.

Annabelle Hopkinswitness

We would love to have more investment from the NRGs out there. So we'd love a climate where that works, but yeah. If I may. Yeah, please. Just briefly, we echo your same concerns. Ava, as one of several CCAs that is very proud to serve the Central Valley, in fact, in 2026, we expanded into San Joaquin County largely. in addition to Stockton previously. This bill is focused on ensuring that we are able to align our investments to serve reliability both at the state and local levels. We are very eager to make sure that this works well, and we think that this would go a long ways in accomplishing that in order to serve our communities.

Senator Sternsenator

Okay. Thank you. Thanks for the indulgence.

Committee Chair Benjamin Allenassemblymember

Thank you. Thank you, Senator Stern. I will now continue with Senator Becker.

Senator Beckersenator

Thanks. I'll keep this short. but I appreciate you as an author. I appreciate the advocates and have great respect for them for this bill. So I will support it today. I understand the need for consistency. I also do see some reason for why we might have different approaches for different types of generation, but certainly we'll be supporting the bill today. I look forward to love to kind of meet with the proponents going forward and have continuing discussions, too. Thank you.

Committee Chair Benjamin Allenassemblymember

Thank you. Thank you, Senator Becker. Do we have any other comments, questions? Sorry. Senator Rubio. Sorry, and I know that I already had the opportunity to speak, but one of the things that I realized that in the process I want to bring the opposition up only because I know that we've been hearing, and, again, my comments started with what I heard with the opposition, And I want to just give you a last opportunity to share your thoughts on the discussion so far. Is there anything that you want to add to this?

Sarah Fitzsimonsother

Yeah. So on your comments earlier asking about, you know, we both made the statement that either under procurement or over procurement all leads to higher costs. So what I'd like to explain is that for both the resource adequacy and the IRP program, they do use multiple valuation methodologies currently. And they actually, for the RCPPP that John had brought up and I had brought up earlier, they do use a mix of various methodologies there, which are the same type of methodologies that you use in the RA program. But the reason why the math is different when you're looking at the example of John and given for a higher megawatt capacity to lower in the RA, so from IRP to RA, is because, and this was explained wonderfully in the analysis by Ms. Bautista here, is that we use a 0.1 loss of load expectation as our reliability framework. And when you're looking at long term, you're going to have a much larger grouping of resources that you're looking at. And when you're looking at RA short term, you're looking at what's available right now. What are we looking at right now? So there will be a different number that comes out of that calculation. But both programs use the same methodologies in a way that they both are using for slice of day, its resource adequacy program, and then the ELCC, the effective load carrying capacity, is also utilized in that calculation as well. And then UCAP. So those are used in that situation, but looking at the short term. So the math will come out differently when trying to get to 0.1 L-O-L-E. When you look at the IRP program, using the same types of valuation methodologies, but the math will come out differently. And so we need the IRP to be able to plan and build out these resources so that by the time we get to the RA time, we have enough stuff to procure that meets our goals, reliability, and affordability. Because the cleaner resources, the cheaper it's going to be. So that's what I wanted to explain on that piece is that our statement that under procurement starts with the IRP planning. Okay. exact same one methodology, then you risk under procuring, say, half of the resources that could benefit from that one methodology, and the other half of resources would not benefit from that methodology. But we need the whole mix, and we've been doing a really good job with that mix of resources recently to ensure reliability. And we're so close to getting those numbers and those valuations right that we're only going to get better, and that's why we think that this belongs at the CPUC. And yes, to answer your question, too, about whether this is a possibility under law currently it is. They could very well choose one capacity evaluation methodology. We could lose that fight at the CPUC, and that is totally fine, but at least we had the opportunity to present as much data and inputs as possible to have a robust conversation. Thank you, and I just wanted to

Committee Chair Benjamin Allenassemblymember

just share that I do think that what you're saying is also valid, and I know that this was mostly procedure and how do we get to that one consistent methodology. But I still think, like I said, I just want to say that it is valid, and I hope that, you know, to the author that this is not as simple as it seems and just to really ensure that you're sitting down and taking into consideration what's being said here. Thank you. Thank you. Okay. So any other comments, questions?

Okay. I share the same sentiments and reservations as Senator Rubio with regards to I would like to see everything streamlined. I see both sides, and it's interesting. I would love for you to also continue considering the impact. Well, actually, you know what, now that I think about it, would you expand a little bit on why this bill is needed when the CPUC could already do this? There are two things I would point out. One is that I do think there's value in this conversation about the expression of legislative intent because the CPUC could choose to undertake that action or not. The other thing that I would note just in response to comments from the opposition witness is that, and I want to be very clear about this, The CPUC can use any math or methodology that it wants in terms of analyzing. What we're talking about here is a standard approach, a standard methodology in terms of setting compliance standards. So that's why I think that this bill is incredibly important. Thank you.

Committee Chair Benjamin Allenassemblymember

Member Schultz, with that, would you like to close?

Just briefly, I really appreciate the conversation today. I can assure the committee that it will continue with the opposition should it advance out of committee. I do like to take wonky bills, and I, too, have been described as dense, just ask my wife. But in all seriousness, I think that this is an important conversation, and I do think that there a middle ground to find here and I like the opportunity to continue exploring that with the opposition and respectfully ask for your aye vote Thank you Member Schultz With that Madam Secretary Do we move Do we have a motion Oh do we need a motion Move the vote?

Committee Chair Benjamin Allenassemblymember

Yeah. So we have a motion by Senator Stern. With that, Madam Secretary, please call the roll. Due passes amended to appropriation. Senator Allen, Echobog? Aye. Echobog, aye. Archuleta? Arraguin? Becker? Aye. Becker, aye. Archuleta, aye. Becker, aye. Caballero, Gonzales, Grove, Hurtado, McNerney, Nilo? No. Nilo, no. Reyes, Richardson?

Senator Sternsenator

Aye.

Committee Chair Benjamin Allenassemblymember

Richardson, aye. Rubio? Aye. Rubio, aye. Stern? Aye. Stern, aye. Strickland? No. Strickland, no. Wahab? So with that, we'll place the bill on call for absent members.

Senator Schillersenator

Thank you.

Committee Chair Benjamin Allenassemblymember

Wonderful.

Senator Schillersenator

Thank you.

Committee Chair Benjamin Allenassemblymember

We have member Connolly with file item number 9, AB 2618. Welcome, sir.

Senator Schillersenator

Thank you. Good morning, chair and members. My first bill in the Senate of this session, so great to see you all. and in this case proud to present AB 2618, which will prohibit the CPUC commissioners from lobbying for entities subject to regulation by the agency for a period of two years after the conclusion of their term. Californians up and down the state are facing an affordability crisis, while privately owned utilities like PG&E are making billions in profits. As California residents continue to face out-of-control rate hikes, weak ethics rules have allowed utility corporations to garner more influence over our regulatory system by recruiting former commissioners. The revolving door between CPUC and California's private utility companies reveals a clear conflict of interest with nearly half of the former commissioners having been hired by privately owned utility companies following the end of their term. This bill is a common sense measure that will bring transparency to our regulatory rate making process. AB 2618, which will enhance public trust in the CPC and strengthen our revolving door policies. With me to testify today, he is here, Ignacio Hernandez, legislative advocate for the Utility Reform Network.

Sarah Fitzsimonsother

Welcome sir Thank you Good morning Madam Chair and members Ignacio Hernandez on behalf of TURN in support of the bill You know over the years the legislature has taken numerous actions to enhance the regulatory independence of the commissioners and the commission to really ensure that the commission is effective and, whether intended or not, are protected from kind of undue influence of the entities which they're regulating. There have been bills to prevent the ex parte communication with commissioners, for example, that I know Turner's worked on with the legislature over the years and a number of other bills that we've moved forward to ensure really the integrity of what happens at the commission. What this bill does is ensure that when a regulator is sitting in the regulator's chair, they are not looking ahead, intentionally or not, on what their employment may be, and especially in particular from the entities that they're regulating. It's a very specialized expertise that these commissioners have, especially once they've served a number of years. And so it's very natural that they may be candidates for jobs with the regulated entities. Creating this two-year revolving door will help keep the commissioner's eyes focused explicitly and specifically and only on regulating while they're in those chairs and not looking ahead in short-term employment afterwards. So for those reasons, we ask for your support. Thank you very much.

Committee Chair Benjamin Allenassemblymember

We'll continue with any other witnesses here in 1200 for AB 2618.

Cottie Petrie-Norrisother

Good morning. Olivia Herrera, intern at Stone Advocacy, in support on behalf of Consumer Watchdog.

Committee Chair Benjamin Allenassemblymember

Thank you.

Cottie Petrie-Norrisother

Thank you.

Committee Chair Benjamin Allenassemblymember

Seeing no other members in support, we'll now continue with any primary witnesses in opposition to AB 2618. Seeing none, do we have any opposition from the public here in room 1200? Seeing none, we'll bring it back to the dais. We have any questions, comments. Senator Cholita?

Annabelle Hopkinswitness

Yes. Thank you. for bringing it forward, and most state-elected individuals have one year. You're advocating for two years. Would you kind of go over the expertise that is in danger of going over sooner than later?

Senator Schillersenator

Yeah, and I think my witness aptly talked about kind of the goals we're seeking to achieve. One is both the appearance and potential reality of a conflict of interest, particularly around what's called regulatory capture, and that is folks who are in these positions, which are highly expertise-driven, kind of having one foot out the door or an eye toward future opportunities, making sure that that kind of regulatory capture does not happen. But I really wanted to focus on another piece of this and this is how the bill came about Believe it or not this bill is the result of my annual ought to be a law contest So I open up to the general public give me your ideas We get a big response. This was the winner this year. And that is because at the end of the day, what we're talking about is public trust in the regulatory system, particularly in this key of an area in people's lives. So we want to strengthen public trust. The bill originally asked for a five-year time period. We have scaled it back to two years, and we're trying to strike a balance here in achieving the goals that the bill seeks to address. Thank you. And I'll move the bill at the appropriate time.

Committee Chair Benjamin Allenassemblymember

Thank you, Senator Schiller. Any other comments, questions? Senator Rubio?

Don Gilbertwitness

Yeah, and it's aligned with Senator Artuleta, and I appreciate you bringing it down to two because the reality is that we want qualified people in these positions, and that's like a red flag for me. If I'm an expert and I'm looking, you know, I don't want to be unemployed, let's say initially the five years, because I serve in my capacity as an expert on the commission, And it really does, like I said, you know, alerts little red flags to me in terms of will people want to do the job as commissioners, even though they're the most qualified, they have the expertise, and that's what we need. So I do appreciate you bringing it down to two. But, again, I think for us as a year, as legislators, and yet we also legislate and vote on things. So just a thought about consistency, but I'm going to vote for the bill. just wanted to express that there is a little bit of concern about the experts not wanting the job. Thank you.

Committee Chair Benjamin Allenassemblymember

Okay. In elections, voting, sorry. Other questions, thoughts from the committee? No. It's been moved? Okay. I apologize. Yeah. All right. Great. We'll give you the opportunity to close.

Senator Schillersenator

Yeah, no, really appreciate the comments and the interest in the bill. As has been noted, it has received bipartisan support to date. No, no votes. And with that, thank you again. I would respectfully ask for your aye vote.

Committee Chair Benjamin Allenassemblymember

Great. All right. Secretary, please call the roll. Do pass to appropriations. Senators Allen? Aye. Allen, aye. Echobo. Aye. Echobo, aye. Archuleta? Aye. Archuleta, aye. Araguin? Becker? Aye. Becker, aye. Caballero? Aye. Caballero, aye. Gonzalez? Aye. Grove? Aye. Grove, aye. Hurtado, McNerney, Nilo. Aye. Nilo, aye. Reyes, Richardson. Aye. Richardson, aye. Rubio. Aye. Rubio, aye. Stern. Aye. Stern, aye. Strickland. Aye. Strickland, aye.

Source: Energy — 2026-06-16 (stale) · June 16, 2026 · Gavelin.ai