Advanced Energy Perspectives

With numerous strokes of a pen weekend before last, Gov. Newsom decided the fate of the final batch of bills before him and closed out this year’s legislative cycle in California. Among those the Governor signed into law were all but one of the bills AEE actively worked on and shepherded through the Legislature this year. In all, it was a big year for promoting electric vehicles of all shapes and sizes. But there is more to come in advanced transportation and other advanced energy issues when lawmakers reconvene in January for the second year of the legislative session.

In July, associations representing utilities and state regulatory agencies asked the United States Court of Appeals for the District of Columbia Circuit to overturn portions of the Federal Energy Regulatory Commission’s landmark Order No. 841. In that order, FERC adopted critical regulatory reforms that require regional wholesale electricity market operators to remove barriers to the participation of energy storage technologies in their markets. Last week, AEE led a broad coalition of clean energy associations and public interest advocates in formally intervening in the case to urge the court to uphold FERC’s bipartisan effort to remove regulatory barriers to the growth of electric storage. The entire advanced energy industry has much at stake.

Rate designs for distributed energy resources (DERs) remains a hot topic. States are taking different approaches, but some are better than others. Some states are making adjustments (typically reductions) to flat kilowatt-hour rates, such as net metering and buy-back rates, or adding/raising fixed charges that often focus exclusively on utility revenue without looking at DER from a total value perspective. DER can impose costs on the system, but it can also provide value, both to the utility and more broadly to the public, and rates and compensation should take both into account. In its continuing effort to comprehensively assess the value of DER and design rates accordingly, New York recently made some landmark adjustments that should provide fairer treatment for customers that have significant distributed generation facilities, such as combined heat and power (CHP) systems. The improved rate is also available as an option for all customers, including residential customers without DG, and is likely to be a good choice for customers with electric vehicles and certain types of DER.

The first week of May marked the close of Colorado Gov. Jared Polis’ first legislative session. During the 120-day session Colorado legislators passed more than 13 energy-related bills. These bills covered a wide range of pro-advanced energy topics, from exploring and enabling utility business model reform, to updating the state’s building codes for energy efficiency, to expanding tax-credits for electric vehicles (EV) and reducing barriers to EV charging infrastructure. Advanced energy legislation is sweeping the West – and Colorado is no exception.

In odd-numbered years, the Texas Legislature meets for 140 days starting on the second Tuesday in January to consider the state’s regular business, with the main objective of passing a two-year budget. This year, as always, bills introduced with potential impact on the state’s energy system covered a wide range of topics, both positive and negative for advanced energy. This session, the Texas Advanced Energy Business Alliance (TAEBA) was directly engaged with or closely watching approximately 80 bills. When the Legislature gaveled out on Memorial Day, the outcomes for advanced energy were net positive, with tax incentives for large-scale renewable energy projects preserved and onerous fees on electric vehicles avoided. And while the Legislature didn’t pass a bill on ownership of battery storage, that issue goes back to the Public Utility Commission of Texas (PUCT) with some clear indications of legislative preference.  Here are the highlights from a very busy legislative session.