BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1037
                                                                  Page  1

          Date of Hearing:  July 5, 2005

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                 Loni Hancock, Chair
                     SB 1037 (Kehoe) - As Amended:  June 29, 2005

           SENATE VOTE  :  26-14
           
          SUBJECT  :  Energy efficiency.

           SUMMARY  :  Requires electric utilities, municipal utilities  
          (munis), and the Public Utilities Commission (PUC) to make  
          energy efficiency programs a priority before acquiring other  
          sources of electricity or building new transmission lines.

           EXISTING LAW  :

          1)Establishes and funds various energy efficiency programs for  
            public and private electric and gas utilities.

          2)Prohibits the use of energy efficiency funds for the purchase  
            of energy-efficient refrigerators.

          3)Requires each investor-owned electric utility to purchase  
            energy according to a procurement plan, subject to PUC  
            approval.

           THIS BILL  :

          1)Requires the PUC to require gas and electric utilities, in  
            procuring energy, to first acquire all available energy  
            efficiency and demand reduction recourses that are  
            cost-effective, reliable, and feasible (before conventional  
            generation or other resources), as specified.

          2)Requires the PUC, in considering an application for a  
            certificate of public convenience and necessity for an  
            electric transmission line, to consider all cost-effective  
            alternatives that would meet the need, as specified.

          3)Requires munis, in procuring energy, to first acquire all  
            available energy efficiency and demand reduction recourses  
            that are cost-effective, reliable, and feasible (before  
            conventional generation or other resources), as specified.









                                                                  SB 1037
                                                                  Page  2

          4)Requires munis to annually report to its customers and to the  
            California Energy Commission (CEC) its investments in energy  
            efficiency and demand reduction programs.

           FISCAL EFFECT  :  Unknown.

           COMMENTS  :

          California's energy agencies, including the CPUC, have adopted  
          an "Energy Action Plan" (EAP) which includes a "loading order"  
          for the acquisition of new resources.  The loading order  
          prioritizes energy efficiency.  The EAP and its loading order  
          are unenforceable themselves.  However, elements of the EAP,  
          including the loading order, have been incorporated into CPUC  
          decisions governing the privately-owned utilities it regulates.   
          The EAP has not been adopted by, and is not directly enforceable  
          upon, publicly-owned utilities.  Publicly-owned utilities are  
          subject to state law, but are not subject to CPUC jurisdiction.   
          Instead, they are public agencies governed by local elected  
          officials.

          According to the author, "California's economy and environment  
          have benefited substantially from continued investments in  
          cost-effective energy efficiency, saving California customers  
          over $4 billion over the last decade.  These energy savings are  
          achieved at typically less than half the cost of generating  
          power.  However, uncertainties surrounding changes in the energy  
          markets and regulation jeopardize these investments and the  
          benefits they produce.  To overcome the energy crisis of 2001,  
          California launched an aggressive energy conservation campaign  
          with impressive results.  Those efforts saved money and  
          protected the environment at the same time.  In 2001, the first  
          six months of demand reductions saved an estimated $660 million  
          in spot market purchases and helped avoid up to $20 billion in  
          projected costs of summertime rolling blackouts."

          The CPUC recently adopted aggressive energy saving targets to  
          help the state's three major utilities more than double their  
          savings for both natural gas and electricity over the next  
          decade.  According to the author, this bill will codify those  
          decisions on energy efficiency and take the first step in a  
          truly statewide energy efficiency policy by requiring  
          publicly-owned utilities to acquire energy efficiency before  
          conventional generation or other resources.









                                                                  SB 1037
                                                                  Page  3

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Natural Resources Defense Council (source)
          Public Utilities Commission

           Opposition 
           
          None on file


           Analysis Prepared by  :  Kyra Emanuels Ross / NAT. RES. / (916)  
          319-2092