A California bill that would take aim at soaring electric bills and create a transmission infrastructure authority has cleared the state Senate and now is being considered in the Assembly.
Senate Bill 254 by Sen. Josh Becker (D) was passed by the Senate 29-10 on June 4. It’s now in the Assembly, where it had its first reading. The bill is an “urgency” measure that would take effect immediately upon adoption.
SB 254 is a sweeping bill with nine major provisions, which Becker said would save ratepayers “tens of billions of dollars” over the next several years. He called it “the legislature’s most ambitious effort ever to rein in rising energy costs.”
“This is not a set of modest tweaks that will make minor improvements at the edges of a problem without offending anyone,” Becker said. “This is a big deal.”
What’s in it?
SB 254 would exclude from electric utilities’ equity rate base a collective $5 billion spent on fire risk mitigation capital projects starting Jan. 1, 2025. Similarly, $10 billion collectively spent on energization capital projects would be excluded from the rate base.
The bill would create a Power Fund, to be funded by the legislature and used to reimburse utilities for “expenditures driven by public policy goals that provide a benefit to the general public.” Those could include transportation or building electrification programs or wildfire mitigation, among others.
The California Energy Commission would decide how money from the Power Fund is spent. Utility spending that’s reimbursed from the Power Fund would be excluded from the rate base, and infrastructure paid for through the fund would not be eligible for return on equity.
SB 254 would require utilities to include in their rate case filings a scenario in which spending would not go up more than the projected amount of the Social Security cost of living adjustment (COLA). The CPUC still could approve spending greater than the COLA if it’s deemed necessary for safe and reliable operation.
Transmission Authorities
SB 254 proposes the creation of the Clean Energy Infrastructure Authority (CEIA) for transmission projects. The authority would identify transmission corridors; plan, finance, acquire and own transmission lines; serve as lead agency under the California Environmental Quality Act; and exercise eminent domain powers.
The authority would enter into agreements with utilities to build, operate and maintain the transmission infrastructure.
The California CEIA would be similar to two transmission authorities now operating in the West: the New Mexico Renewable Energy Transmission Authority (RETA) and the Colorado Electric Transmission Authority (CETA).
“Establishing transmission authorities continues to be a critical policy lever for states, especially those without [an RTO], to consolidate and formalize transmission planning processes,” the National Caucus of Environmental Legislators said in a policy update in April.
The group said lawmakers in Washington, Oregon and Montana had introduced bills this year to establish new transmission authorities.
Affordability Issues
SB 254 is part of a three-bill package, intended to address affordability issues in California, that Senate president pro tem Mike McGuire worked on with the Democratic caucus. The other two bills address housing production and workforce development.
“Skyrocketing housing costs and utility bills are stretching budgets, and folks are struggling to achieve a job that pays a family-sustaining wage,” McGuire said in a statement announcing the bill package in April.
But opinions differed on whether SB 254 is part of the solution.
Sen. Kelly Seyarto (R) pointed to “unrealistic mandates” as the cause of rising electric bills.
“[Utility companies] are going back to the CPUC time and time again,” Seyarto said. “Because we are mandating that we attain unrealistic goals for all electric vehicles, for everything being electric in California. And they’re trying madly to try and get the infrastructure, which means wires everywhere.”
Sen. Steven Choi (R) said creating a new transmission authority would increase costs.
“Who knows how much money this agency will be using to establish and implement the programs and create the policies and employ the employees to run that authority?” Choi said.
Other Provisions
Among other provisions in SB 254, the bill aims to provide near-term relief to electric utility customers by increasing the amount of the “climate credit” they see on their bills each April and October. The credit is part of the state’s cap-and-trade program.
Low-income customers would get a greater share of the climate credit under SB 254, and it would be paid out in late summer when many residents are hit with their highest electric bills.
In a permit streamlining measure, the bill would direct CEC to develop a program environmental impact report for energy storage systems of 200 MW or more. Agencies then could build on that more generic EIR when developers propose specific projects, reducing the time needed to prepare an environmental report.
SB 254 also would lower the project-size threshold for a project to be eligible for the CEC’s opt-in certification program, from $250 million to $100 million. It would extend the life of the program by five years, through June 2034.
The opt-in program is for renewable energy projects such as solar, onshore wind and energy storage systems. Under the voluntary opt-in process, the CEC becomes the lead agency for permitting and state environmental review. The CEC certificate is in lieu of any permit that normally would be required through the local land-use review process and most state permits. (See 2 Huge Solar-plus-storage Projects Planned in California.)
SB 254 also would require the CEC to try out permitting management software to further streamline project review.