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Don't Miss The Great Solar Debate: Where Does the Global Solar Industry Stand? ×

California's Renewable Energy Law Lives!

Tam Hunt, Community Environmental Council
March 26, 2009  |  13 Comments

California is a leader on a great many environmental issues. It is now cliche that "as goes California, so goes the nation." This makes it even more surprising that on renewable energy, we have relinquished our lead to states like Texas and Iowa! Those two states have passed us by in terms of installed wind power. California's wind power growth, as well as other utility-scale renewable energy growth, has been stuck in neutral for about a decade.

The trend may be changing, however. A recent report from the Public Utilities Commission (CPUC) includes a very pretty picture that made my day (Figure 1, below). This graph shows that California's Renewable Portfolio Standard (RPS) is still alive, with significant new renewable energy capacity installed in 2008 — over four times what was installed in any previous year under the RPS and more renewable capacity than the five previous years combined.

 

 

 Figure 1. Installed renewable energy capacity in California (bars left-scale, line right-scale, source: CPUC Quarterly Report to the Legislature, 1Q 2009).

The RPS law (SB 1078) was enacted in 2002 and has had a rough start — as is clear from the short stubby bars in Figure 1. It is only in 2008 that the RPS seems to be finding its real stature. An earlier CPUC report, from July 2008, describes the renewable energy contracts in the pipeline, distinguishing each based on the risk of failure, and in the process paints a dubious future regarding meeting the RPS mandate of 20% renewables by 2010 — and an even less optimistic picture about the RPS goal of 33% by 2020. The earlier report states: "California's IOUs may hit 20% in the 2012-2013 timeframe, if the state successfully removes barriers to project development. [This leaves] only 7 years to achieve the 60% increase in RPS generation needed to reach a 33% target in 2020."

The latest report is more optimistic:

Clearly, 2008 was a turning point for the RPS program and contracted projects are beginning to deliver in large numbers. This may represent the end of the startup phase of the RPS program, as contracts signed in the earlier years of the program are now built and the renewable market begins to mature.

So let's hope that California is turning around because the obvious truth is that we need to return to the rapid-growth days of the 1980s and 1990s, when almost all of California's renewable energy and cogeneration capacity (over 10,000 megawatts (MW) still under contract) was added. The previous system, under a federal "feed-in tariff" law known as PURPA, was responsible for almost all the renewables we have online in California — except for the 900 MW now online under the RPS law and a few hundred megawatts of small-scale solar under the California Solar Initiative.

California's PURPA system — with mandatory purchase of power offered under the "avoided cost," which is the cost of power from a new natural gas plant — was actually suspended in 1985, just five years after it was introduced, because of "an embarrassment of riches" due to too many projects being offered to the utilities and associated fears about grid stability and ratepayer impacts. The important point to keep in mind: all PURPA projects were, by definition, cost-effective because they sell us power at below the cost of electricity from a new natural gas plant at the time the contract was entered into.

While I am very pleased to see the RPS law finally starting to have some real impacts, it is still clear that California needs other options to ensure we transform our electricity supply to clean renewable power. I've written in the past about the need for a robust feed-in tariff, similar to the European feed-in tariffs.

We now have a bill that would enact a European-style feed-in tariff. SB 523 (Pavley) was introduced in February and will, if passed, create a PURPA-like system of "must take" contracts for renewable energy from projects 20 MW and under. The bill is carefully crafted to not overly burden ratepayers.

Based on preliminary analysis, our small coalition (consisting primarily of the Community Environmental Council and GreenVolts, a community-scale solar power company) have found that rate impacts will probably be less than 1% per year for the next ten years, and may in fact lead to cost savings over that time frame. Longer term, it is quite clear that fossil fuel costs will keep rising and this feed-in tariff will save ratepayers money. My next column will discuss this new bill in detail.

California now has the chance to regain its leadership in this most crucial area. The RPS lives, but we now also have the chance, under SB 523, for a far more rapid build-out of "community-scale" renewable energy projects throughout California, closer to where the power is needed. Many of these project sites have already been preliminarily identified through the state's Renewable Energy Transmission Initiative (RETI), and need little or new transmission infrastructure. These developments bode well for efforts to mitigate climate change and also for creating a robust energy system in an era of declining fossil fuel resources.

Tam Hunt is Energy Program Director and Attorney for the Community Environmental Council. He is also a Lecturer in renewable energy law and policy at the Bren School of Environmental Science & Management at UC Santa Barbara.

13 Comments

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paul tousignant
paul tousignant
March 29, 2009
Don - Don't be so sensitive about being a demoncrat. I call it like a see it. Feinstein's comments are so typical of the lack of rational thought by them regarding renewables and everything else.

Another example: BHO wants to tax fossil fuels (cap-and-trade) before renewables are capable of carrying the load, and they are ignoring one of the most plentiful renewables that are shovel-ready: Waste-to-Energy (WtE).
Mike Holly
Mike Holly
March 27, 2009
Tam
March 23, 2009
Stimulus Package Only the Beginning: Renewable Energy Makes Strides in the US Political Arena
by Graham Jesmer, Staff Writer
Tam Hunt
Tam Hunt
March 27, 2009
Mary, we fully support small-scale solar but we aren't working on the kind of program you mention. We think we can get more bang with our limited buck (and time) by focusing on community-scale and large-scale projects.
Tam Hunt
Tam Hunt
March 27, 2009
Mike, can you send me the link to your discussion with AWEA? I think that for wind SB 523, if passed into law, may lead to lower prices for wind power than are possible under the RPS, which may be why AWEA is not sold on this idea. This is the case because SB 523 is a "cost-based" feed-in tariff, not a "market price referent" based feed-in tariff. Accordingly, because wind power is still quite a bit cheaper than solar and other renewables, we shoudl see wind power tariff prices under the MPR and other renewables perhaps a bit above the MPR for now - declining over time as the costs of production and development decline.
Tam Hunt
Tam Hunt
March 27, 2009
Carolyn L., you are right of course and I should have mentioned that the RPS allows projects outside of California. I too would prefer that these projects be built in California (though I don't begrudge neighboring states the economic development this brings). Our feed-in tariff bill, SB 523, would ensure that all community-scale projects are built in California, with the attendant job creation and ancillary economic benefits they will bring.
Mary Saunders
Mary Saunders
March 27, 2009
Knowing the history in Cleveland, and having slipped over to the GRU website to check on Gainesville's FIT situation, I'm having to agree with Richard Averett, above. This is a hard confession for a libertarian-leaning person, but the keys here are cooperation, elegance, and transparency.

The stories of sharing the wealth and the good photo ops are hard to argue with if they get out there widely. The spector of wild inflation and again spiking fossil prices also bode auspiciously for this model, where payments out go down over time.

It is possible for for-profits to be open and above-board, as Paul Hawken describes. It just is not usual in the energy industry. This will happen first in wealthy and sophisticated places. It will likely take a long time for it to filter down and sideways, though you'd think some ambitious young legislators would want to try to ride this to fame and power and the perks attached.

Gainesville is the horse that wins the leadership race for the state of Florida, for the most recent time period for small business, unless there's a coop somewhere in California with a similar but less publicized working program. If this California pony exists, I would love to hear about it.
Richard Averett
Richard Averett
March 27, 2009
When we require IOUs to meet renewable energy, energy conservation and GHG reduction standards, we put them at odds with their corporate agenda: to maximize shareholder value. Let's stop trying to manage by triangulation regulation, where utility corporations are encouraged to improperly influence regulators. Basic necessity utilities should be owned by muncipalities, where governance is subject to an open democratic process for weighing conflicting objectives.
Don Pfau
Don Pfau
March 27, 2009
Paul, before you seize the opportunity to demonize Democrats, get your facts straight. Senator Feinstein has called for intelligent siting of solar plants, with regard for the fragile desert ecology. If you want to talk smack, please go to the political blogosphere and leave this constructive forum.
Mike Holly
Mike Holly
March 27, 2009
Thank you for your support of feed-in tariffs with three caveats:

1) Feed-in tariffs, like Europe has, are far superior to PURPA as implemented in most US states, which have allowed utilities to block renewable energy by claiming they didn't need any more capacity.

2) Feed-in tariffs are certainly needed for community scale projects, but are also needed even for utility-scale projects. The major alternative, a combination of renewable portfolio standards and competitive bidding, has allowed utility monopolies to rig the bids (while regulators sit on their hands), for their own generators, affiliates and even friends, especially those in the wind industry.

3) interesting you found feed-in tariffs could lead to cost savings when I just had an argument on this web site with a representative of the American Wind Energy Association, who suggested otherwise.

I really wonder if you can pass your feed-in tariff bill over the unholy alliance of the utility monopolies, windpower industry and environmentalists.
Russ Finley
Russ Finley
March 27, 2009
Global warming is all about preserving the biosphere. Schemes that destroy the biosphere in an attempt to reduce GHG emissions should be tossed out of the solution set. Get a globe and find the three biggest emitters of GHG. That little blip in the ocean called Indonesia is #3 all because of land use change.

http://www.biodiversivist.com
paul tousignant
paul tousignant
March 27, 2009
California has another problem - the Demoncrat Senator Dianne Feinstein. (See http://www.foxnews.com/politics/2009/03/21/feinstein-dont-spoil-desert-solar-panels/).

She doesn't want solar plants built in the desert. Duh! Where else are you going to build them? That's like saying "I want nutrition for my body, but I'm not going to eat!"
Mary Saunders
Mary Saunders
March 27, 2009
And didn't Raser start delivering to Anaheim from a plant that originates outside California? This will save California air quality and is a good thing. Still, it would seem better to generate more close to the point of use, and California has geothermal potential of its own that could be developed.

As an Oregonian, I'm happier that California is getting wind power from here than I would be if an LNG line is built destroying prime farmland here. The FERC attempt to roll over local people and our elected officials must be coming from somewhere pretty big.

Maybe with federal regime change and federal incentives, more solar can get installed. SunPower has a neighborhood plan where neighbors getting together get volume discounts for signing up together. They have proven technology, good guarantees, and installers like their equipment.

Tam, Is this the sort of plan your group encourages?
Carolyn Luce
Carolyn Luce
March 26, 2009
I was looking at the list of RPS projects that can be downloaded from
http://www.cpuc.ca.gov/PUC/energy/Renewables
385.4 MW of new RPS capacity in 2008 came from wind farms in Oregon and Montana. So about 75% of new RPS capacity came from out of state and your title for Figure 1 is incorrect. AWEA shows only 89 MW of new wind came online in CA in 2008. California's wind power growth is still stuck in neutral, but that could be because California has already tapped 37% of it's potential wind capacity (according to http://www.awea.org/projects/Projects.aspx?s=California )
which may imply that most of the easy sites have already been developed.

So California is not recapturing the lead it relinquished. Instead it is providing demand that is driving the growth of renewable energy projects elsewhere. That's good for Oregon and Montana, but what will happen to California when the power purchase contracts terminate in 15 years?

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Tam Hunt

Tam Hunt

Tam Hunt is managing member of Community Renewable Solutions LLC, a renewable consulting and project development company focused on community-scale wind and solar. He is also a lecturer at UC Santa Barbara’s Bren School of Environmental...
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