-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PAHTNiRtHIP
the CHP Partnership recently helped develop a project
far the Essex County, Nsw Jersey Correctional f aclfity
in Nwark, Nev* Jersey, Tn*$ jjrojeet will provide & MW
of electricity,. 3^300 tens oi chilled water, 80 million Btus
{MMBtttf per hoar oi hot water, sod 20,000 pounds ^er
hoar ol stearti for t&a nawfacllitjf. The CHP system teas
teen toasted feto ths design <*f tfw facility to maxi-
mize energy efficiency results, -
governments, which authorizes $20 million for each
of fiscal years 2006 through 2008.
Interaction with State Policies
A variety of state programs and policies can be fur-
ther leveraged by Lead by Example programs. Key
opportunities include:
• Procurement Policies and Accounting Methods.
Over the last 30 years, some states have modified
their public procurement and accounting methods
to encourage energy efficiency investments and
renewable energy procurements. These innovations
include:
Permitting long-term contracts, which are often
needed for performance.contracting agree-
ments.
Modifying low-bid requirements, since perform-
ance contracts and other energy-saving invest-
ments might increase up-front capital costs, but
produce lower overall life-cycle costs.
Revising leasing regulations, so that private
entities can be owners of equipment for tax
purposes. This can be key to attracting private
investmentjn public facilities.
Modifying budgeting and accounting practices,
so that facilities (e.g., schools) are allowed to
keep some portion of energy savings from effi-
ciency projects. Otherwise, energy bill savings
could simply result in reduced budget outlays in
subsequent years and would not encourage'
facility managers to develop energy efficiency
projects.
Changing state budget "scoring" rules, so that
performance contracting, bond issues, or other
debt obligations are treated comprehensively
rather than simply as costs. Even though these
state obligations are often covered by guaran-
teed-savings agreements, legislative budget
procedures often fail to give them a net savings
accounting treatment.
* team frm >&«rPe«r$< Consult wfth <«h« states flwi; have fntpi&nwntecl Uad fry Example inKiatwe?,
* Ssewe HigfcLwet Support. The support of top»fevsj leadership eaebftcritJeaittHhe sae*B$sfij)re
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
- Requiring that state facilities procure a percent-
age of electricity demand from renewable
resources.
• State Bonding Authority. States can use public
financing mechanisms, such as educational, health,
and environmental bond issuance authorities, to
help develop clean energy projects or add clean
energy features to planned facility bond issues. For
example, New Jersey's Economic Development
Authority, in partnership with New Jersey's Board
of Public Utilities, offers a variety of incentives for
renewable and energy efficiency measures.
• Air Quality Planning. EPA encourages states to use
energy efficiency and renewable energy resources
in their Clean Air Act compliance plans and related
initiatives. Some states have developed specific
calculation methods for projects can make to
emission reduction targets.
For example, through the Texas Emissions
Reduction Plan (also known as "Senate Bill 5"),
Texas works with local governments to implement
energy efficiency measures that will meet air
quality goals through reductions in power plant
emissions. (See Section 3.3, Determining the Air
Quality Benefits of Clean Energy.)
Program Implementation and
Evaluation
Because states can choose from a wide range of Lead
by Example programs, specific design and implemen-
tation approaches might differ by program. For
example, state policymakers may identify one state
agency or department to administer and implement
their energy efficiency programs and a different
agency to lead efforts to encourage distributed gen-
eration or renewable energy. While multiple agencies
may be involved in program design and implementa-
tion, the more successful state efforts typically
include a multi-agency coordination structure.
Successful program implementation flows from a sound
design, which in turn flows from a carefully developed
overall strategy or plan. For example, some states have
developed clean energy plans that set targets for per-
centage reductions in state facility energy use by cer-
tain dates, followed by an implementation plan that
includes the specific measures, budgets, timetables, and
other details needed to reach those targets.
Evaluation
Evaluation of Lead by Example programs is important
in determining the effectiveness of an initiative.
While procedures for evaluating Lead by Example ini-
tiatives will vary according to specific project fea-
tures. The following general guidelines are applicable
to all programs:
• Develop Baselines. Baselines will vary depending
on the type of initiative. For buildings, current
energy use or current building practices define
baselines for energy performance. For fleets, esti-
mated current fuel economy averages can serve as
baseline data. For procurement procedures, base-
line information can be based on current product
specifications.
• Measure and Verify Savings. Develop reporting and
database systems as needed to document the
impacts of program initiatives. For simpler effi-
ciency measures whose performance characteris-
tics are well known and consistent, a deemed sav-
ings approach, which involves multiplying the
number of installed measures by the estimated (or
"deemed") savings per measure, is appropriate.
Deemed savings values are derived from extensive
field evaluations (CALMAC 2005). For larger and
more complex efficiency projects, a project-specif-
ic M&V method might be more appropriate (IPMVP
2005). (For more information, see Section 4.1,
Energy Efficiency Portfolio Standards, and Section
3.4, Funding and Incentives.)
• Communicate Results. Use monitoring and track-
ing information to periodically report results.
Present impacts in meaningful ways that docu-
ment the energy, economic, and environmental
benefits derived from the program.
• Review and Reinforce Effectiveness. Many worthy
initiatives fade into inactivity after initial efforts
are complete. Use evaluation efforts to ensure that
innovations result in lasting changes in institu-
tional behavior and become part of the organiza-
tional culture.
Chapters. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
tes, Involve nwftSple parties during ths da^gir, iropteraematler*, and svaJoatiofl
«0f$ sfr&ierrt getimtiorf ami
assesstfie potential energy savirtgsffomtheieoptiens.
* Detect Cost-Effective Measures.. Numerous handbooks and guidelines a re avatabte that provide comparative infor-
mation about eteanwwrgy measures, Fee 8xarBpte,Ca!Jforn?a provides sustainable building desfjjn guideline* that
present Nrfft [terfofnwinet} and ^ssriptly« irj$tr«stftfC-
tioa techniques ftWMB 200SJ.
* Aggregste Putch6s$s. Whertlmplemefitmg ati aggregated green [rower purchases program, tie lead agency ess
establish contracts to procure green power or green tags, in a competitive market, suppliers can ba so Retted using
a dHnpelJtiw btdtfinf process. The selected suppffers can fcit&er provide wre btil or be asked to $pFrt tfee ijillinf
acfo$s #artic Spams in the aggregated purchase Pufctia^irsg gmen power for aggregate rfemand will be more .. .
effective and economically feasibie to active green power markets, '
« Develop ftosmins Mechanisms. A range of iirtanc ing strategies Is ay a liable to states for Lead by Example Initia-
tives. In some ^s«s. States may nee£ to modify ttsir fuies to allow agencies to use certain financing mechanisms
|fe8>, p^rforfn^aee contracting or aew«rjtir»$ »n$ttenf$ ^,a,, ext&Kted paybacK'j3$rfpd$}, (See
. .. sorf tec&flt/Vffs,ffir more detailed irtfofmation on financing options.)
State and Local Examples
*
California
The California Energy Commission (CEC) administers
several Lead by Example programs. In addition, local
governments participate in state programs, and have
developed their own Lead by Example programs.
• California Executive OrderS-20-04. Issued in
December 2004, this order requires state agencies
and departments to reduce their energy consump-
tion by 20% from 2003 levels by 2015. The order
requires new and renovated state-owned facilities
to meet the U.S. Green Building Council's
(USGBC's) Leadership in Energy and Environmental
Design (LEED) Silver certification^ requires state
agencies to seek office space in buildings with an
ENERGY STAR rating for leases of 5,000 square
feet or more, and sets procurement polices for
ENERGY STAR qualified electrical equipment. The
order further instructs the CEC to benchmark all
state-owned buildings built by 2007 and requires
buildings of 50,000 square feet or more to be
retro-commissioned and then re-commissioned
every five years.6 The Executive Order also directs
the Division of the State Architect to develop new
green design guidelines for public schools.
Finally, it directs CPUC to ensure that its utility
sector efficiency programs encourage owners of
privately-owned buildings to pursue similar
energy-efficiency and green-design measures.
Both the CEC and CPUC buildings use CHP systems
in their buildings to help meet these goals. Several
state prisons in California also use CHP.
Web sites:
Executive Order S-20-04:
http://wwvv.eriergy.c3,gov/9resnbuiidir!g/
Green Building Action Pisn:
documents/backoround/
Oi_QREEN_BUILblNG_jAaiON_PLAN.PDF
5 USGBC certifies new buildings based on a cumulative 69-point system at several possible levels: certified (26-32 points), Silver (33-38 points), Gold
1 (39-51 points), and Platinum (52-69 points). Points are based on a variety of criteria, including energy efficiency, ozone impacts, site development
impacts, materials choices, and indoor air quality.
6 Retro-commissioning is defined as adjusting energy systems to operate at their intended efficiency levels. Re-commissioning is a periodic check on
system performance.
Section 3.1. Lead by Example
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
Energy Efficiency Financing Program. Through this
program, the CEC provides low-interest loans for
public schools, public hospitals, and local govern-
ments to fund energy audits and install energy-
efficiency measures. The interest rate for 2005 is
4.5%, and the maximum loan per application is $3
million. Recipients who complete their projects
within 12 months of the loan and meet all
requirements specified in the loan application
receive a reduced interest rate of 4.1%. The repay-
ment schedule is negotiable up to 15 years and is
based on the annual projected energy cost savings
from the aggregated projects.
Web site:
• Energy Partnership Program. The CEC offers this
program to help cities, counties, hospitals, and
other facilities target energy efficiency improve-
ments for existing facilities and energy-efficient
options for new construction. The CEC provides a
variety of services including conducting energy
audits, preparing feasibility studies, reviewing
existing proposals and designs, developing equip-
ment performance specifications, reviewing equip-
ment bid specifications, and assisting with con-
tractor selection and commissioning. The CEC also
helps identify state loans and other financing
sources for project installation.
Web site:
http://www.ertergy.ca.gov/efriciency/partriership/
index.htmi
• Oakland Energy Partnership. The city of Oakland
established the Oakland Energy Partnership to
reduce energy costs and facilitate improved energy
efficiency for Oakland businesses and residents.
One component of the program focuses on adjust-
ing large building systems for optimal energy use.
This program is expected to reduce electricity
demand by 4.6 MW and could reduce operating
costs by up to 1 5% or $2.4 million per year across
the city. Other program components involve
installing energy-efficient ballasts in outdoor
lighting, providing free design expertise and ener-
gy audits, and providing air conditioning tune-ups
to small residential and commercial buildings.
Web site:
http://www.03ki3ndcntrgypartnership.com/
• Other Local Programs. Local governments in
California are actively involved in developing or
purchasing clean energy supplies. For example, in
2001, San Francisco residents passed a $100 mil-
lion bond measure to fund the installation of solar
power, wind power, and energy-efficient technolo-
gies on municipal property. This amount is suffi-
cient to finance about 11 MW of solar power and
30 MW of wind power, which would accountfor
approximately 25% of the city government's power
consumption. The bonds will be paid for with ener-
gy savings from energy efficiency improvements in
city facilities, thereby alleviating the need to cover
the bonds with tax increases or other sources.
Many other California cities have installed renew-
able energy systems, primarily solar PV, to power
their buildings and facilities. Examples include: PV
installations in a wastewater treatment facility in
Oroville, a police department in Vallejo, carports in
Chico, a municipal service center and bus shelters
in Fresno, the Vacaville City Hall, San Diego
schools, carports and the jail in Alameda County,
and county buildings in Contra Costa County. In
addition, San Diego is generating electricity at its
wastewater facility using methane co-generation
and a low-head hydro-electric generator.
Web site:
hHp://*ww.caiifcrniss0!arcer! ttr.org/ v
sfbond2001.html
Colorado
Colorado was one of the first states to pass enabling
legislation in the early 1990s that authorized the
performance contracting approach and financing
mechanisms for local governments. The Colorado
Governor's Office of Energy Management and
Conservation (OEMC) is the key'coordinating agency
for performance contracting projects. The OEMC
facilitates privately funded performance contracting
projects in public facilities; no state funding or
financial incentives are involved. Eligible entities
Chapters. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
ST«FE PARTNERSHIP
include school districts, state agencies, state colleges
and universities, public housing authorities, cities,
counties, special districts, and some nonprofit organ-
izations (EPA 20046). As of June 2003, the program
had completed or planned $90 million in energy effi-
ciency upgrades, with annual energy savings of near-
ly $9 million (see Table 3.1.1). The performance con-
tracting program is expected to create more than
400 jobs in Colorado.
Web site:
http://vvww.sta ie.eo.us/oem
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
ST*n PARTNERSHIP
2010. Agencies may generate their own renewable
energy or participate in utility green power pro-
grams, where available. The order also directs state
agencies to buy energy-efficient equipment and
reduce energy use in buildings by 15% (relative to
energy use in 2000) by 2010. With respect to
transportation, by 2010, the state's light-duty
vehicle fleets (i.e., vehicles other than heavy
trucks) must consist of hybrid-electric vehicles
and/or vehicles that use alternative fuels, with the
exception of law-enforcement vehicles.
Furthermore, bulk diesel fuel purchased by the
state must contain 5°/o renewable fuel (such as
biodiesel) by 2007, increasing to 20% by 2010
(DSIRE 2005). The state will monitor the program
by requiring agencies to submit quarterly progress
reports.
Web sites:
h Ltp://ww w.governor.sta tt-.ia.us/leg8l/41 ...45/
t:0...41.pdf
http://www.dsireusa.org/iibr3ry/inclijdes/
The state government is the largest energy user in
New Hampshire, with heating, cooling, and electrici-
ty costs of more than $18 million per year. New
Hampshire has implemented several projects to
measure energy efficiency, track energy savings, and
fund related projects for public entities.
• Executive Order2005-4. This order, issued July 14,
2005, requires state agencies to reduce energy use
by 10%. State.staff are required to purchase
equipment with an ENERGY STAR rating. All con-
struction and renovations of state facility design
criteria must exceed the state energy code by
20%. Every state agency must also implement a
Clean Fleets program, requiring that all vehicles
achieve at least 27.5 miles per gallon highway
fuel economy to reduce energy waste (NH Press
Release 2005).
• Executive Order 2004-7. This order requires the
New Hampshire Department of Administrative
Services to develop an energy information system,
which includes an energy efficiency rating system.
State staff are required to conduct an inventory of
annual energy use by each of the state's 1,200
facilities starting in 2001 and use EPA's Energy
Performance Rating System to assess each facili-
ty's energy efficiency. Procedures for tracking and
reporting energy use information by each state
department are currently being developed.
The executive order also authorizes a steering
committee to develop an energy reduction goal
and plan, a procedure for conducting audits of
facilities that score between a 40 and a 60 on the
rating system, procurement policies that require
ENERGY STAR products, new energy efficiency
standards for new construction, and a procedure
for commissioning new facilities that ensures
adoption of energy-efficient design specifications
and equipment operations. The executive order
also establishes specific policies for the trans-
portation sector. The order stipulates that all new
vehicles purchased by the state must achieve a
highway fuel economy of 30 miles per gallon or
better and an emissions classification for a Low
Emission Vehicle (LEV) or better. Other efficiency
measures affecting transportation include the pur-
chase of low-rolling resistance tires, an anti-idling
initiative, and the promotion of ride-sharing
among agencies.
Web site:
hUp://fih.gov/oep/pro§r3ms/energy/beci.htm
Building Energy Conservation Initiative (BECI).
Established in 1997, New Hampshire's BECI pro-
vides an innovative approach for financing and
tracking energy efficiency improvements in.public
facilities. The BECI uses a "paid from savings" pro-
cedure (also referred to as "performance contract-
ing") that allows agencies to pay for energy retro-
fits and building upgrades with the energy savings
from the project, rather than depending on fund-
ing through capital appropriations. Under the BECI
program, a pre-qualified group of ESCOs submits
proposals to conduct the work based on a prede-
termined list of energy conservation measures
established by the BECI. State facility managers
work'with performance contracting programs to
analyze existing state buildings for energy and
Chapters. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Cl»«n I
STATE PARTNERSHIP
resource efficiency opportunities, such as lighting
upgrades, heating, ventilation, and air conditioning
(HVAC) upgrades, domestic hot water systems,
energy management controls, water conservation
measures, building envelope improvements, and
other cost-effective measures. Measurement and
verification requirements are included in each per-
formance contracting proposal, using either a
"stipulated savings" approach, in which savings are
calculated before the work, or a "measured sav-
ings" approach, which involves metering and sub-
metering to verify actual savings. Under the cur-
rent arrangement, savings that exceed loan pay-
ments will revert to the state's general fund.
Building upgrades performed through the BECI
have resulted in significant energy efficiency
improvements and cost savings. Ten buildings have
been renovated through the BECI program, includ-
ing, for example, a New Hampshire Department of
Justice building in Concord. Avoided energy costs
for these facilities now exceed $200,000 annually
(EPA 2005c). When fully implemented, it is antici-
pated that the BECI will be responsible for
upgrades in more than 500 state-owned buildings,
with energy savings of up to $4 million a year
(Pew Center for Global Climate Change 2005).
These energy efficiency improvements will reduce
C02 emissions by approximately 35,000 tons per
year. To date, the state has arranged two rounds of
Master Lease Purchase (MLP) funding for its facili-
ties. The latest round of $10 million brings the
state's funding to approximately $25 million.
Because a master lease is not considered to be
additional debt, it has no negative impact on the
state's credit rating (Catalyst Financial Group
2005).
Web site:
http://nh.gov/ocp/prog rams/energy/beclhtm
New Jersey administers a number of programs that
encourage public agencies and organizations to
adopt energy efficiency and renewable energy.
• Green Power Purchasing Program. This program is
helping to reduce the state's energy costs and
support the state goal of reducing greenhouse
gases to 3.5% below 1 990 levels by 2005.
Developed by the New Jersey Transit and the New
Jersey Department of the Treasury in 1999, the
innovative aggregated green power purchasing
program is supplying 500 million kWh of green
power to 1 78 state agencies. The program has
expanded green energy markets in the state and
encouraged increased private sector green power
purchases. The reduced C02 emissions are equiva-
lent to removing 32,500 cars from the road for
one year.
New Jersey formed the New Jersey Consolidated
Energy Savings Program (NJCESP) to oversee and
coordinate the consolidated power purchases
under the Green Power Purchasing Program. This
involves (1) aggregating the power purchases, both
green and conventional, for the 178 public agen-
cies, and (2) negotiating power contracts through
competitive bidding in the deregulated energy
market The power supply contracts were awarded
based on a fixed price per kWh. Competitive bid-
ding allowed these agencies to obtain much lower
rates than they would have independently, with an
estimated $100,000 savings, and also provided
economies of scale in contract administration and
management. Currently, the agencies aggregating
electricity purchase in New Jersey are meeting
12% of their needs with green power though
green power contracts.
Web site:
Gw.nPower.pdf
Clean Energy Financing for Schools and Local
Government. This program encourages local gov-
ernments and school districts to take advantage of
New Jersey Clean Energy Program (NJCEP) grants
and low-interest bond financing arranged by the
New Jersey Economic Development Authority
(EDA) for energy efficiency and renewal energy
projects. Clean Energy Financing for Schools and
Local Governments offers financial incentives and
low-interest financing to schools and govern-
ments. This program allows local governments and
schools to develop comprehensive energy efficien-
cy and renewable energy generation projects and
Section 3.1. Lead by Example
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
to save money each month through the low-inter-
est financing program. The program combines the
traditional rebate program with incentives and
financing giving schools and local governments
the flexibility to implement cost-effective projects
immediately.
Web site:
hUp://www.njcieanen«i'gy.eom/r«edia/
Ctfi..Schools...3f!Cl..Locai...Goyt._,pdf
• Clean Energy Financing and Assistance Programs.
The New Jersey Board of Public Utilities (NJBPU),
in partnership with the New Jersey Economic
Development Authority, provides funding and
technical assistance to New Jersey based organi-
zations. Various programs cover grants, rebates,
and project financing. For example, grants of up to
$500,000 are available in the form of seed funding
and commercialization assistance to assist renew-
able energy companies in bringing their products
and technologies to market.
Web site:
. finsncing.html
New York administers several Lead by Example pro-
grams, which are described as follows.
• Executive Order 111, "Green and Clean" State
Buildings and Vehicles. This executive order, adopt-
ed in 2001, is an example of a state comprehen-
sive energy efficiency and renewable energy pro-
gram. It sets aggressive targets for reducing ener-
gy .use in state buildings and vehicles, green power
purchasing, and purchasing energy-efficient prod-
ucts. Executive Order 111 has been cited as the
basis for strong state support for CHP, although
CHP is not specifically mentioned in the order.
The order requires alt agencies and departments
(including state and quasi-independent agencies,
such as state universities and the Metropolitan
Transportation Authority) to:
- Reduce energy consumption by 35% (relative to
1990 levels) in all buildings that they own,
lease, or operate, by 2010.
- Strive to meet the ENERGY STAR building crite-
ria for energy performance and indoor environ-
mental quality in their existing buildings. For
new construction, the order directs the agencies
to.follow guidelines for the construction of
buildings that meet LEED certification and
achieve a 20% improvement in energy efficien-
cy performance relative to the state's building
code.
- Purchase ENERGY STAR-qualified products when
acquiring new products or replacing existing
equipment. In categories lacking ENERGY STAR
products, products must meet New York State
Energy Research and Development Authority's
(NYSERDA's) target efficiency levels.
- Purchase increasing amounts of renewable
energy and "clean fuel vehicles" by 2010.
- Purchase at least 10% of their electricity from
renewable sources by 2005 and 20% by 2010.
State agencies have met their renewable energy
obligations through onsite generation, green
power purchases from the open market, or a
mix of both options.
Web site:
http://www.nyserds.org/progr3ms/
1 Energy $mart Loan Program. The program is admin-
istered by NYSERDA and provides reduced interest
loans (4% below the lender rate for 10 years)
through an extensive network of local and regional
lenders. Loan proceeds can be used to finance
energy efficiency and renewable energy systems.
Essentially, the program pays lenders interest sub-
sidy payments on behalf of borrowers. Anyone can
apply, including local and state government facili-
ties. As of April 2005, NYSERDA had made 250
loans and provided interest subsidies of $5.3 mil-
lion on total loans valued at $42 million through
the Energy $mart Program. The program is funded
annually and expires on June 30 of each year.
Web site:
htlpvVwxt.nyserda.Grg/EriergyJrt formation/
evsiu8iion.8sp
Chapter 3. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
New York City Local Law 30. On April 11 , 2003.
New York City enacted legislation that codifies its
practice of energy-efficient purchasing, a practice
dating from 1994. Local Law 30 requires that
energy-using products procured by the city of New
York be ENERGY STAR-labeled, provided that there
are at least six manufacturers of the ENERGY STAR
product. During fiscal year 2002, New York City
spent $90.8 million for ENERGY STAR-labeled
products, consisting mainly of computers, moni-
tors, printers, photocopiers, fax machines, televi-
sions, VCRs, air conditioners, and lamps.
Web site:
fftmpfocus_«rticls.cf'm/news Jd-721 4 •
Oregon promotes energy efficiency and renewable
energy in state and local government facilities
through a variety of mandated and voluntary pro-
grams.
• State Energy Efficiency Design Program (SEED). The
mandated SEED requires all renovation and con-
struction projects for state facilities to exceed
Oregon's energy conservation building codes by at
least 20%. The state's DOE administers the pro-
gram and provides technical expertise on each
project, helping agencies identify and design the
most cost-effective energy conservation measures.
Web site:
• Sfore Energy Loan Program (SELP). Oregon also
administers SELP, a voluntary program that pro-
vides low-interest loans for public, commercial,
and residential energy efficiency projects. Eligible
projects include energy production from renewable
resources, using recycled materials to create prod-
ucts, using alternative fuels, and'installing energy
saving technologies such as efficiency lighting and
weatherization. As of December 2004, 643 loans
totaling $363 million had been made through
SELP. Of these, 215 loans were for renewable ener-
gy and 428 were for energy efficiency. Program
loans have varied from $20,000 to $20 million and
there is no legal maximum loan. Loan terms vary
from five to 1 5 years. The program is self-sup-
ported, using no tax dollars, and most loans are
designed so the energy savings from the project
equal the loan payment.
Web site:
http://egov.oregon.gov/ENERGY/LOANS/
• Commissioning SB 1149 Energy-Related Capital
Projects. Under its Building Commissioning pro-
gram, the Oregon DOE provides technical assis-
tance to managers of both public and private
facilities. The commissioning process helps save
energy by ensuring that the lighting, heating,
cooling, ventilation, and other equipment in build-
ings work together effectively and efficiently. The
state requires commissioning or retro-commission-
ing for specified energy-related capital projects
that are funded through the state's Public Purpose
Fund (established by SB 1149). This includes HVAC
and/or direct digital control (DDC) capital projects
exceeding $50,000, boiler and chiller.capital proj-
ects exceeding $100,000, and other energyrrelated
capital projects (e.g., lighting and lighting controls,
building envelope) exceeding $150,000.
Web site:
htt.p://egov.oregor>.goy/ENER6Y/CONS/BUS/COh/IM/
b!dgcx.shtrtil
• Store Business Tax Credit for Efficiency and
Renewables. Oregon's Business Energy Tax Credit
(BETC) has stimulated significant business invest-
ment in energy conservation, recycling, renewable
energy resources, and less-polluting transportation
fuels since 1980. Any Oregon business may qualify
for the tax credit, and a wide variety of businesses
have benefited from the credit, including projects
in manufacturing plants, stores, offices, apartment
buildings, farms, and transportation.
The tax credit is 35% of the eligible project costs
(i.e., the incremental cost of the system or'equip-
ment that is beyond standard practice). The credit
Section 3.1. Lead by Example
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
»t»TE PARTNERSHIP
is taken over five years: 10% in the first and sec-
ond years and 5% each year thereafter. The
unused credit can be carried forward up to eight
years. Recipients with eligible project costs of
$20,000 or less may take the tax credit in one
year. Through 2003, more than 7,400 Oregon ener-
gy tax credits have been awarded. Altogether,
these investments saved or generated energy
worth about $215 million a year.
A key feature of the program is its innovative
"pass-through option," in which a project owner
can transfer a tax credit to a pass-through partner
in return for a lump-sum cash payment (the net
present value of the tax credit) upon project 'com-
pletion. The pass-through option allows nonprofit
organizations, schools, governmental agencies,.
tribes, and other public entities and businesses
with and without tax liability to use the BETC by
transferring their tax credit for an eligible project
to a partner with a tax liability. Projects that use
solar, wind, hydro, geothermal, biomass, or fuel
cells (renewable fuels only) to produce energy, dis-
place energy, or reclaim energy from waste may
qualify for a tax credit Renewable resource proj-
ects must replace at least 10% of the electricity,
gas, or oil used.
Projects that qualify for the BETC include retrofit
(including lighting and weatherization for rental
properties), new construction (including energy
efficiency and lighting), co-generation, renewable
resource, recycled materials, and transportation
projects. Retrofit projects must be 10% more ener-
gy-efficient than existing installation, and lighting
retrofit must be 25°/o more efficient than existing
lighting. For new buildings, all measures must
reduce energy use by at least 10% compared to a
similar building that meets the minimum require-
ments of the state energy code.
In 2001, the Oregon legislature added sustainable
buildings to the list of measures and systems eligi-
ble for the tax credit. This addition became effec-
tive October 8, 2001 and is retroactive to January
1, 2001. In addition to several requirements set
forth by the Oregon DOE, the building must meet
established LEED Silver certification standards.
(See Section 3.4, Funding and Incentives.)
Web sites:
'BETCshiml
htip://«ww.d3ire«s3,or5/libf3fy/ir
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version}
government and building industry users design, eval-
uate and track a wide range of energy savings proj-
ects that result in emission reductions.
• Alternative Fuels Program. The Alternative Fuels
Program promotes using alternative transportation
fuels in Texas by demonstrating their positive
environmental impact, technical feasibility, and
energy efficiency.
Web site:
http://www.seco.ep3,state.tx.us/aithtml
• LoanSTAR Revolving Loan Program. The Texas
LoanSTAR (Saving Taxes and Resources) Program is
SECO's most visible program. Legislatively mandat-
ed to be funded at a minimum of $95 million at
all times, the LoanSTAR Program has saved Texas
taxpayers over $146 million to date through ener-
gy efficiency projects, financed for state agencies,
institutions of higher education, school districts,
and local governments. Interest rates are currently
set at 3°/o APR. The program's revolving loan
mechanism allows borrowers to repay loans
through the stream-of-cost savings generated by
the funded projects.
/
Web site:
http://www.se.co.cp3.si8te.tx.is5/is.htrfi
.• Performance Contracting Guidelines and Reviews.
SECO is charged with assisting state agencies with
achieving greater energy efficiency, and specifical-
ly with reviewing and approving guaranteed ener-
gy savings performance contracting for state
agencies.
Web site:
http://'www.s'eco.cpa..sL3te.tx.ys/sa...perronintof:-
Iraci.htrri
• Energy Efficient Partnership Program. SECO has
helped more than 400 Texas school districts iden-
tify $11 million in potential.annual utility savings
through participation in the Texas Comptroller of
Public Account's Energy Efficient Partnership
Program. Annual savings range from $325,000 for
a large west Texas district to $900 for a small east
Texas district with less than 300 students.
Web site:
hrtp://wwyv.seco,cpa.st.8te,tx,us/
sch-gov...partner.htm
• Senate Bill 5, the Texas Emissions Reduction Plan.
The 77th Texas legislature passed S.B.5, known as
the Texas Emissions Reduction Plan, which impos-
es new energy efficiency requirements on political
subdivisions (i.e., cities and counties) in 38 urban
and surrounding counties. The affected political
subdivisions must implement energy efficiency
measures designed to decrease electric consump-
tion while improving air quality. SECO provides
assistance and information to the political subdivi-
sions to help them meet their goals of reducing
energy consumption by 5% each year for five
years (beginning in January 2001).
Web site:
http://www.scco.cpa.st8te.tx.us./5b5compliapce.htnri
• Texas Public Finance Authority (TPFA) Master Lease
Purchase Program (MLPP). This program is a lease-
revenue financing program established in 1992 to
finance capital equipment acquisitions or other
projects by state agencies. It can be used to
finance equipment purchases (including energy
equipment) of at least $10,000 that have a useful
life of three years or more. Under this program,
the TPFA borrows money to pay for an agency's
equipment by issuing tax-exempt revenue com-
mercial paper notes. The TPFA obtains title to the
equipment and leases it to the agency, which
makes lease payments to TPFA. TPFA uses the lease
payments to repay the principal and interest on
the commercial paper notes; the agency receives
title to the equipment once the lease is fully paid.
Web site:
http://www.ipfe.state.ix.us/lv1LPPOvtrview.asp
Section 3.1. Lead by Example
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
tr»T£ PARTNERSHIP
What States Can Do
States have chosen from a wide variety of approach-
es and goals in developing their Lead by Example
programs. These programs have reduced energy costs
for state agencies, increased funding for non-energy
related expenditures, and helped stimulate develop-
ment of clean energy projects and resources. States
have also used Lead by Example programs to encour-
age other organizations to take actions that support
clean energy.
Based on the best practices and examples of effec-
tive state programs described above, states can take
the following action steps when developing their
Lead by Example programs.
• Look across the entire government to identify
opportunities for the state to Lead by Example on
clean energy. Communicate with state agencies,
local governments, schools, and other public sector
organizations to identify effective ways to incor-
porate clean energy into their activities. Engage
facility managers and agency staff for program
planning, implementation, training, tracking, and
evaluation.
• Explore requirements that ensure that cost-effec-
tive energy efficiency improvements are imple-
mented in both new and existing buildings, since
these have provided a major opportunity for ener-
gy savings in many states. This includes:
- Standards for New Buildings. Most states require
that their new facilities meet the most recent
version of the ASHRAE 90.1 standard. However,
some states have adopted more advanced stan-
dards, such as CEC's Title 24 Building Energy
Standards (CEC 2005). Voluntary advanced
building energy efficiency guidelines are avail-
able from ENERGY STAR and the New Buildings
Institute (NBI 2004, ENERGY STAR 2005a).
Some states have adopted green building stan-
dards (USGBC is leading this effort through its
LEED certification program) (USGBC 2005). (For
more information on building codes, see Section
4.3, Building Codes for Energy Efficiency.)
- Performance Targets for Existing Buildings.
Typical targets have been set at 20% reduction
in current energy use per square foot of floor
area, using a recent base year and setting a
compliance date of between five and 15 years
from enactment of the target.
Consider procurement policies for products, equip-
ment, and green power.
Investigate targets for using renewable energy to
power state and local facilities, allowing flexibility
for different agencies to either develop onsite
generation or purchase green power, depending on
local conditions. States can also explore opportu-
nities to use CHP at state facilities.
Develop and enable financing mechanisms. States
have developed a range of financing methods,
including adoption of legislation or rules that
ensure that state facilities can use financing
strategies such as performance contracting and
revolving loans. (See also Section 3.4, Funding and
Incentives.)
Offer staffing, technical assistance, and training to
facility managers and staff on developing energy
efficiency programs. Some states have established
accountability structures within and between
agencies so that procurement, facility manage-
ment, and accounting departments are all engaged
in a common effort to save energy.
Ensure that agencies are authorized to use and are
using ESCOs and performance contracting to
implement energy savings projects in their facili-
ties, if internal sources of project financing are
lacking. States can adopt legislation authorizing
the use of performance contracting in public facil-
ities.
Chapter 3. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Information Resources
General Information About State and Local Programs
$T*TE PARTNERSHIP
California l&srgy Commission: Hswt» Firmnss P«biie Sstor £r?*fgy Efficiency
Frauds, Describes strategies and funding sources that public sector agencies can
use to finance energy efficiency projects.
CEC's Tills 24 Building Energy Standards. Describes the energy standards for resi-
dential and non residential buildings.
California Snsfgy Partnership Program. Provides technical assistance to cities, coun-
ties, special districts, public or nonprofit hospitals, public or nonprofit public care
facilities, and public or nonprofit colleges/universities to improve energy efficiency in
new and existing facilities, and helps arrange financing to conduct projects.
SsJifomss Executive Ordsr S-28-C4. This order established a goal of reducing energy
use In state-owned buildings by 20% by 2015 and directs compliance with the Green
Building Action Plan, which provides details on how the state can achieve these
goals. The commercial sector is also encouraged to comply with these two policies.
They require CEC to develop a building efficiency benchmarking system and com-
missioning and retro-commissioning guidelines for commercial buildings.
;, These checklists ensure energy efficiency and sustainable building
measures are included in new building construction and renovations.Tier 1 checklist
items have been evaluated as "cost effective" and must be incorporated into projects
when part of the project scope. Tier 2 checklist items may or may not be cost effec-
tive, but should be considered for inclusion. While the checklists include some per-
formance,standards, they are primarily prescriptive in nature.
Cap U§ht Coffifisct This regional services organization provides energy efficiency
programs and aggregated power cost negotiations for its members.
Csfit&f for Rejwwsbls fesrgy snd Sustainsbte Tsehnofogy Senswabls Energy Policy
Project ?8£PPK REPP supports the advancement of renewable energy technology
through policy research. REPP disseminates information, conducts research, cre-
ates policy tools, and hosts on-line, renewable energy discussion groups. The Web
site provides information on individual state initiatives.
Ctmsejrtiiirri for Bwgy SBcianey. State and Local Government Purchasing Model
Program Plan; A Guide for Energy Efficiency Program Administrators, Provides a
step-by-step guide for developing and adopting a successful state and local govern-
ment procurement program.
!l:;x:&}ii$f(iii!}?5&«hS^
Effieisncy Vsrmant Vermont's statewide energy efficiency utility provides technical
assistance and financial incentives to help residents as well as public and private sec-
tor organizations identify and pay for cost-effective approaches to energy-efficient
building design, construction, renovation, equipment, lighting and appliances.
Baargy £®ete«eyfs r4sxt SsnefstScn: tefuwsSon at the Sfcata Lsva!, Provides a guide
for model policy measures for energy efficiency. American Council for an Energy-
Efficient Economy (ACEEE). November 2003.
Section 3.1. Lead by Example
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version}
STATE PARTNERSHIP
$sw JerseyCfsan Erssrgy PwgrasB, The NJBPU administers this program, which
provides information and financial incentives to help New Jersey residents, busi-
ness, and communities to help reduce their energy use, lower costs, and protect the
environment.
Nsw Jersey's Sre§& POAW Purchasing Program, This program allows the state to
aggregate electricity purchases for 200 facilities and negotiate lower costs.
Ptew York £xsea8v9 Ofdsr 111, Asmusi £nsrgy Report This report summarizes proj-
ects implemented under Executive Order 111, estimated energy savings, and energy
savings and project goals for subsequent years.
; (Mdsitnss, Second Edition, Describes how state agencies can comply
with Executive Order 111, including new construction, procuring energy-efficient
products, using alternative-fuel vehicles, and reporting requirements.
North Caroiina Stats Energy Office. The "Resources for Government" Web page
describes North Carolina's Utility Savings Initiative, a comprehensive, multi-pro-
grammed approach to reducing utility expenditures and resources in state buildings.
wil^mg C»85!ssi8rwg Profirsm. Provides technical assistance to ensure
that building systems are designed, installed, functionally tested, and capable of
being operated and maintained according to the owner's operational needs.
, This program provides energy efficiency assistance for new and reno-
vated public buildings.
Texas &&&! SSL ESL provides tools, technical assistance, and training to help gov-
ernment and building industry users design and evaluate a wide range of energy
savings projects.
Examples of Legislation and f^ode! Language
Cslefamfs ExecuSJvs Grdsr S-2JH)4. This executive order estab- ^ih^^^^^sycHc^^y^t^^gff^l^^H
lishes energy conservation standards for state-owned buildings i:!nit^icitm!iip!s[^
anH onnnnrnncc rnmmprrial hnilrlinn owners Inral nouprn- ^^'WminirffRr^fBlsfeSRiaSfifwstinif-iK'iKxii^KhM
and encourages commercial building owners, local govern-
ments, and schools to take similar measures.
Stste Sssste Ml ASX12S, This bill establishes the
California energy efficiency financing program.
%^$^^r%£%W$:&'%^i%?.^\
^'f^--M^M?M^^^^M^^^'fM
Calferols State Ssn*te Biif SSO {1«). This bill helped establish
the California Energy Partnership Program, which began in
1989.
I Sonssfvstkffl Rsvsriue Bond ?Fsj»«ts, State Public Works
I Board (PWB) Lease-Revenue Bond Programs
Chapter 3. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE P1HTNERSHIP
Isvsa
Ssferedo Energy Psrformssca ContradJng. This Web site pro-
vides sample guidance and documents to assist with energy
performance contracting.
iee Title 29
Local Government 29-12.5-101,29-12.5-102, 29-1Z5-103,29-12.5-
104, and Title 24 State Government 24-30-2001,24-3C-2002,24-
30-2003.)
iowa Ensrgy Bank Enabling lagiaiation. This bill authorizes
state agencies to use lease-purchase financing for energy
management improvements and authorizes loans for cost-effec-
tive energy management improvements.
S9RG EnS3im§ Lsgisia&J?), This legislation describes the types
of energy management improvement loans SIFIC can make.
Sads/Stsfetss. This legislation describes program administra-
tion, eligible entities and projects, and terms of any loans made
under this program.
This order directs state agencies to imple-
ment cost-effective energy efficiency measures, purchase at
least 10% of building energy requirements from alternative
energy facilities, and use alternative fuel vehicles.
£KSCUtt¥« GrdsraSSW. Signed in October 2004, the order
requires 10% efficiency improvement in 1,200 state buildings.
New Voric State Exsciitjvs Osxfer 111, This order initiates a com-
prehensive renewable energy and energy efficiency program
for New York.
Sasats Ml 11S3, Adopted in 1999, this bill restructured the elec-
tric power industry and created a Public Purpose Fund to
finance specified energy-related capital projects, including
building commissioning.
OrsgBrt Stetst Law, (SSS 37&S80-S1S, Ststs Ags^cy Ricitfty
fesj^y 8«ssgn. This law established the Oregon SEED program
in 1991. SEED helps ensure that state facilities are designed,
constructed, renovated, and operated to 'minimize the use of
nonrenewable energy resources and to serve as models of
energy efficiency."
OOE FEMP, Consoilhim fcr feergy BSeSsney: State and Local
Government Purchasing Initiative, Model Program Plan (MPP),
This document includes model language to be used by state
and local governments interested in directing agencies to pur-
chase energy-efficient products.
l:Krf^/^*!»^'pi^^p'^^f'ii^^i^il^
^w^iS^licv^f^'iS^x^xiKw^s^x:;?:!
Section 3.1. Lead by Example
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
CUM E
STATE PARTHEHiHir
References
Arizona Department of Commerce. 2005. Arizona Municipal Energy Management piifi!JP*i?!^^
Program. Phoenix, AZ.
CALMAC. ZOOS..California Measurement Advisory Council.
Cape Light Compact. 2005. Cape Light Compact
Catalyst Financial Group, personal communication with Bob Barton, July 2005,
CEC. 2005, California's Energy Efficiency Standards for Residential and Non-
Residential Buildings. CEC.
DOE. 2003. Federal Energy Management Program Focus-Fall 2003. States and Cities
Follow Federal Lead in Energy-Efficient Purchasing. DOE.
DOE. 2005a. EERE: Buildings Programs.
DOE.2005b.FEMP.
DOE. 2005c. FEMP, Energy-Efficient Products.
DOE. 2005d. Green Power Network.
DOE. 2005e. State Energy Program: Projects by Topic-What Are State and Local
Government Facility Projects in the States? :
DSIRE. 2005. Database of State Incentives for Renewable Energy (SIRE). Iowa
Incentives for Renewable Energy. (Last DSIRE review, 4/27/05.)
ENERGY STAR. 2005a. ENERGY STAR for Government
ENERGY STAR. 2D05b. ENERGY STAR Partner of the Year-Leadership in Energy
Management.
ENERGY STAR. 2005 c. Purchasing & Procurement
ENERGY STAR. 2005d. The ENERGY STAR Challenge-Build a Better World 10% at a
Time.
I EPA. 2Q04a. Aggregated Green Power Purchasing Case Study on New Jersey. U.S. johJB^^i^S^5^^^3^^^«:i?Vi?i?S^S!;:i
1 EPA Office of Atmospheric Programs, EPA-430-F-04-34. December. !| "
y{^yem|e£!!^
EPA. 2004b. Integrating State and Local Environmental and Energy Goals: Energy b!^f??jS-1^4s?li^Hiii?3xi^isl«P?-i^xHx^K'i
j Performance Contracting. Case Study (draft). September. k^?.S.^^™^^^'fM^0S^&^^^ S
Chapters. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version)
Clean E
STATE PARTNERSHIP
EPA. 2005a. CHP Partnership.
EPA. 200Sb. Green Power Partnership.
EPA. 2005c. New England Press Releases,
ESL 2005. Texas ESL ESL Programs.
Executive Order No. 111 "Green and Clean" State Buildings and Vehicles: Guidelines,
Second Edition. New York 2004. New York State Energy Research and Development
Authority, Albany, NY. December.
Feldman, R. 2005. Apollo Washington "policy menu" shoots for the stars. Sustainable
Industries Journal Northwest. May 1.
Iowa. 2005. Iowa DNR Energy Web site. Executive Order 41 Guidance.
IPMVP. 2005. Efficiency Evaluation Organization. International Performance
Measurement and Verification Protocol (IPMVP).
IWMB, 2005. Sustainable Building Guidelines. California Integrated Waste
Management Board, Sacramento.
MEA. 2005. Maryland Energy Administration State Agency Loan Program Web site
Accessed November 2005.
Montgomery County. 2004. Montgomery County, Maryland, News Release. May 13.
New York 2004. Executive Order No. 111 "Green and Clean" State Buildings and
Vehicles: Guidelines, Second Edition. New York State Energy Research and
Development Authority, Albany NY. December.
Section 3.1. Lead by Example
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version)
3,2 State and Regional Energy
Planning
Policy Description and Objective
Summary
Energy planning is, in its broadest sense, a strategic
effort to develop energy-related goals and objectives
and formulate related policies and programs. As the
nexus for a variety of state concerns, energy plan-
ning can serve as an umbrella mechanism for simul-
taneously addressing energy, environmental, eco-
nomic, and other issues. Energy planning can be
undertaken at both a state and regional level.
Many states have used their energy plans to support
the development and use of cost-effective clean
energy to help address multiple challenges including
energy supply and reliability (including concerns with
availability, independence, and security), energy
prices, air quality and public health, and job develop-
ment.
Clean energy planning (as one aspect of energy plan-
ning) has taken place in several contexts. It has been
part of a broad, multi-faceted strategy that incorpo-
rates clean energy as one element (along with con-
ventional sources and end uses), as in the New York
State Energy Plan. It has been incorporated into
more targeted efforts as in the California Energy
Action Plan, which was developed in the wake of an
electricity and natural gas crisis and sought to priori-
tize cost-effective, environmentally sound options.
States have approached clean energy planning as an
exclusive focal point, such as in the Illinois
Sustainable Energy Plan. Other planning approaches
have'included variations of these, including govern-
ment-focused "lead by example" strategies.
Energy planning can serve as a platform to promote
or adopt significant policy initiatives including
statewide clean energy goals, such as a renewable
portfolio standard (RPS) or energy efficiency require-
ment, green power purchase levels for the state, or
greenhouse gas reduction goals. The 2002 New
Energy planning at the state or regional level
is art effective means for ensuring that dean
energy is considered and used as an energy
resource to help states address their multiple
energy and non-energy challenges.
York State Energy Plan, for example, included a
renewable energy goal that helped spur the develop-
ment of New York's RPS and a greenhouse gas emis-
sion reduction goal that set the stage for the gover-
nor to solicit support for a regional greenhouse gas
initiative across the Northeast
Energy plans are usually developed by one or more
state agencies, typically led by the state energy
office. These efforts may be at the direct behest of
the governor or other top official or the state legisla-
ture. Frequently, public and private sector stakehold-
ers, such as electricity and gas utilities, environmen-
tal organizations, equipment manufacturers and oth-
ers, provide input to the plan. Implementation like-
wise involves a variety of agencies and stakeholders,
and possibly calls for specific legislative or executive
level action.
While some states require energy plans, the level of
activity varies as does the scope and scale of efforts.
Similarly, the inclusion of clean energy sources varies
depending upon the state's circumstances. However,
with all regions facing significant costs for new
resources, along with heightened reliability, security,
and environmental concerns, there has been
increased interest in energy planning that includes
consideration of the energy, economic, and environ-
mental benefits of clean energy.
This section describes how states and regions have
included clean energy in their energy planning
efforts, discusses the role of various participants in
the process, describes the interaction with federal
and state policies or programs, and lays out several
sets of "best practice" measures with respect to plan
development, implementation, and evaluation.
Chapter 2 of this Guide, Developing a Clean Energy-
Environment Action Plan, provides additional detail
on best practices for the development step, including
Chapters. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PHRTNEMHIP
Below are examples of specific, quantitative clean
energy goals (ificludbg reeomroendatfaas and pro*
posed strategies} ttat states have {Deluded In their
state energy plans or related documents:'
r Improve i»w and reveled: bu'rfdlns eftctesey by 5%
" and accelerate the state's RP$ by adding a net aver-
age of 606 megawatts of new renewable generation
«OWB«S annually CaKfarafa Energy A$tfmPtartr2BQ3,
* By ZOOfii 2% of electricity sa les generated by renew*
site energy; wtfeasSng annually by 1% until 2CHZ,
Reduce electricity consumption by 10% ei projected
annual toad: growSi by years 2006 to 2608, rising to
\2$& in years 26t5to 3WMIfefo& Sfostetoe&Is Jtoergr,
* Increase « to ctfldty prottucttoa of sota r energy ia
ftev» Jersey to at least 128,000 megawatt-hours
ilVIWhJ per year fey 206& HewJffisyf'G&R fAeigy, '•
Jtediee ufiaiary enftrsv^se per unit of gr&ss slate
/ ,feaewatt« energy «se as a perfcentage oiprlmary
by 10% Irom 2962 levete to ?S% by 2&2B;
greenhouse ga* efnissibn* by 8% fallow
19K) levels fey a)10 and 10% teiow 199& by 20*3
* State agencies and universities redute energy con-
sumptions in exiting state building to save 29% by
'
25% of state gbveiwwtt's total electricity avefagSoa 11^ statewide by a)1$
Report to the Goverttdte TaskFofee ott
- Energy fffiefmcy and 8&a&watflest 2004.
, t Ai&te that thesa ^oals are not naces^Brily die only met. intitfd«tf
ifta jJaitoiar state pisitflu^ *«t*tiaiswifl) ac8let»is swrareity
requited IB impfement » goal
specifics on analytical tools, and lays out a number
of action steps for states. Chapters 3 through 6 con-
tain descriptions of 1 6 clean energy policies, pro-
grams, and strategies that states are pursuing and
may be included in a clean energy plan. In keeping
with the scope of the Guide to Action, this section
focuses on on the electricity and natural gas sectors.
The role of transportation in energy planning is an
important one, however, and one that at least several
states are integrating into their processes.
State and regional energy planning can further mul-
tiply state goals and leverage tools, resources, and
policy opportunities from miany agencies/states.
States have advanced clean energy through their
planning efforts by: (1) identifying and promoting a
package of cost-effective options to meet energy,
environment, and economic goals, (2) recognizing
and assessing a full range of short- and long-term
benefits from energy efficiency and renewables, (3)
engaging multiple agencies and stakeholders in the
state planning process and implementation, and (4)
helping state agencies from different states within a
region coordinate their efforts to better achieve
complementary goals.
Benefits
Energy plans that incorporate environmental consid-
erations and related cost-effective clean energy
options including energy efficiency, renewable ener-.
gy, and combined heat and power (CHP) have helped
lay the groundwork for the efficient use of energy
and state resources and helped to achieve a broad
set of energy, economic, and environmental policy
goals, including:.
• Providing a cost-effective response to projected
load growth, possibly avoiding the need for new
power plants and infrastructure.
• Helping to meet challenges that load growth.
places on an aging system, and/or alleviating con-
gestion and related concerns with system stability
and reliability.
• Increasing energy supply diversity and security
with greater reliance on domestic, regional, or in-
state resources.
• Reducing energy prices and price volatility.
• Reducing the environmental footprint of energy
use. • '
Section 3.2. State and Regional Energy Planning
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version)
CIMII E«trjyt:i:vi:;>:l.l«itt
'
In addition, integrated energy planning efforts have
yielded many policymaking benefits, including:
• Providing a framework to coordinate energy effi-
ciency and renewable energy initiatives among
state agencies and across states within a region.
• Reducing the time and costs associated with
meeting existing and future environmental
requirements through more efficient deployment
of agency resources and efforts and adoption of
least-cost and least time-intensive measures..
• Developing a climate in the state favorable to
investment, innovation, and economic develop-
ment of energy efficiency and renewables.
• Providing technical insights and organizational
relationships that are valuable in a crisis or unex-
pected situation where quick decisionmaking is
required.
• Conveying a sense of coherence and joint purpose
to the public and other stakeholders.
State Energy Planning
States are using a variety of approaches to energy
planning, ranging from establishing broad policy
agendas to focusing exclusively on clean energy
resources. Some states have also developed plans for
how they can "lead by example" through govern-
ment-focused initiatives. States may also look specif-
ically at the electricity sector in their development of
a clean energy plan. In addition, under the State
Energy Program directed by the U.S. Department of
Energy (DOE), state energy offices develop plans for
how to invest support received through an annual
federal funding appropriation to help promote energy
efficiency and renewable energy (see Interaction with
Federal Policies on page 3-35).
The following approaches can be adapted and com-
bined, with the appropriate combination based on a
state's priorities and resource availability:
• Clean Energy Within.a Comprehensive State Energy
Plan. Several states have developed a comprehen-
'sive energy plan-that includes specific policy goals,
action items, and implementation steps to increase
the use of energy efficiency and renewable energy
sources as one of several complementary sources.
Examples include New York's State Energy Plan,
Connecticut's Energy Plan, and California's
Integrated Energy Policy Report and Energy Action
Plan (EAP). Comprehensive energy plans have
established specific targets for clean resources and
identified strategies (e.g., a renewable energy
and/or energy efficiency portfolio standard) for
implementing policies and programs by a variety
of state agencies. California has used its plan to
prioritize clean energy as a way to meet future
load growth by establishing the following "loading
order" for resources: (1) conservation and energy
efficiency, (2) new renewable generation, and (3)
clean fossil fuel- fired central generation (CERCOC
2003). The New York State Energy Plan includes
goals for improving the combined contribution of
energy efficiency and renewable energy in meeting
the state's energy needs.
• Energy Plan Focused on Clean Energy. Some states
have developed a targeted energy plan that
emphasizes increasing penetration of renewable
resources, boosting energy efficiency, and increas-
ing demand response. Clean energy may also be
included in plans that address related issues of
natural gas dependency or climate change.
Examples include Illinois' Sustainable Energy Plan,
New Mexico's Clean Energy Plan, Pennsylvania
Energy Harvest, and Wisconsin's Report of the
Governor's Task Force on Energy Efficiency and
Renewables. The Illinois plan'sets a renewables
goal for 2006 that at least 2% of the electricity
sold to customers would come from renewables,
with an annual increase of 1°/o until 2012. For
efficiency, the goal is to reduce electricity con-
sumption by at least 10% of projected annual load
growth between 2006 and 2008, increasing to a
25°/o reduction from 2015 to 2017.
• Plan for Leading by Example. Many states have
developed energy plans designed to help the state
"lead by example" in its own use of resources.
These state initiatives can jump-start the market
for renewables and provide drivers for efficiency
technologies and services. The "lead by example"
Chapters. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version}
CARTKERSHIP
approach can be incorporated into a broad energy
plan or a targeted clean energy plan, or be pur-
sued independently. Examples of measures that a
state can pursue include: adopting a renewable
energy goal for the electricity consumed by the
state (e.g., its office buildings, vehicle fleets), set-
ting efficiency thresholds for the purchase of
energy consuming products or equipment, and
improving energy efficiency to offset projected
load growth. Connecticut, Virginia, Nevada,
Oregon, South Dakota, and Vermont are among
the states that use this approach. Oregon has
decided to increase the energy efficiency of new
or remodeled state buildings by 20% or better, and
existing buildings are required to reduce energy
consumption by 10% relative to 2000. (See
Section 3.1, Lead by Example, for more informa-
tion.)
Planning by Regulated Entities. Given their signifi-
cant role in energy supply and use, states can
require that regulated electricity suppliers (i.e.,
electric utilities or electric distribution companies)
develop electricity plans that are consistent with
the state's policy objectives. This effort can be
connected to a broader energy planning effort or a
targeted clean energy initiative, or be pursued on
its own. In states where utilities are vertically
integrated (the traditional approach to regulation
in which generation, transmission, and distribution
are provided by one entity), this takes the form of
Integrated Resource Planning (IRP) (e.g., California,
Minnesota, Washington). In states where the regu-
lation of the electricity industry has been restruc-
tured, this can take the form of including clean
energy in portfolio management (e.g., New Jersey,
Illinois). Utilities may also develop comprehensive
energy efficiency investment plans as part of their
demand side management or other efforts. IRP
and portfolio management are discussed in more
detail in Section 6.1, Portfolio Management
Strategies. Utility funding for energy efficiency is
discussed in Section 4.2. Public Benefits Funds for
Energy Efficiency.
Begbnai Energy, Planning
Regional planning typically occurs in two separate,
but related, forums. Government or quasi-govern-
ment entities, such as Governors' Associations, may
develop a coordinated approach for sharing informa-
tion and developing broad regional policy approach-
es. These planning approaches are not usually bind-
ing, with the exception of the Northwest Power
Planning Council. In addition, power system opera-
tors engage in rigorous power system planning that
focuses primarily on a reliable and adequate power
supply for an electrical region. These regional plan-
ning approaches are described as follows.
• Regional Plan for Policy Coordination. In some
regions, states are working together to create an
energy plan that outlines shared policy goals. The
Western Governors Association (WGA) has estab-
lished a Clean and Diversified Energy Advisory
Council to help pursue the regional goals of
30,000 MW of clean energy by 2015 and. increas-
ing the efficiency of energy use by 20% by 2020.
The New England Governors has taken a coordi-
nated approach to policy development in the areas
of climate change, energy efficiency, and renew-
ables through its New England Governors/Eastern
Canadian Premiers Climate Change Action Plan,
which includes the goal of increasing the amount
of energy saved through conservation programs by
20% by 2025. The Coalition of Northeast
Governor's (CONEG) has established an Energy
Working Group and is active in pursuing biomass
and other renewable options.
Regional approaches have been pursued for a vari-
ety of reasons. Some of the motivation is the
regional nature of power markets and the attempt
to better align policy boundaries with those of the
relevant independent system operator (ISO) or
similar organization (see more in the "Clean
Energy in Regional Power System Planning" bullet).
In addition, many regions have a long history of
working collectively to pursue public policy goals,
and energy policy is a natural extension of this
historic relationship. Regional efforts are also
attractive for states that want to move forward"
with the support of neighboring states to create a
Section 3.2. State and Regional Energy Planning
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
"level playing field" (e.g., with respect to prices) in
their region. Regional approaches can also offer
opportunities for economies of scale, for instance
under aggregated purchasing efforts.
• A Federally Mandated Regional Energy Planning
Process. The Northwest Power and Conservation
Council, created by Congress in 1980. develops
and maintains a regional power plan to balance
the Northwest's environment and energy needs.
The council is explicitly charged with incorporating
cost-effective measures in its plan according to
the following priorities: (1) conservation, (2)
renewable resources. (3) generating resources
using waste heat or generating resources of high
fuel conversion 'efficiency, and (4) all other
resources (Pacific Northwest Electric Power
Planning and Conservation Act 1980).
• In addition, the Northwest Power and
Conservation Council provides an example of how
regional state committees can examine the role of
clean energy as a resource. These examples are
discussed in more detail under the Store and
Regional Examples section on page 3-38.
• Clean Energy in Regional Power System Planning.
Regional power system operators conduct detailed
ongoing planning efforts to ensure the reliable and
efficient operation of the interconnected bulk
electricity power systems. As such, their focus is
narrower than a state energy plan that is under-
taken by a government entity and reflects broader
public policy goals. However, these plans increas-
ingly attempt to consider how clean energy
resources can be deployed to avoid the need for
other grid resources such as new power lines.
Plans are typically developed on an annual basis,
with regular reviews throughout the year. The
plans cover a long-term planning horizon of 10 or
so years. Many states participate in these regional
planning processes and support consideration of
energy efficiency and renewables as supply
resources and as alternatives to transmission sys-
tem expansion.
• There have been some efforts to formalize state
participation in regional power system planning
processes. For example, states in the Midwest ISO
region have created a new Organization of
Midwest ISO States (OM5) as a coordination vehi-
cle for state utility commissions in their response
to Midwest ISO's regional planning. OMS has a
small staff and bylaws, and state commissions
provide staff support. OMS is intended to coordi-
nate the information needs and state responses to
Midwest ISO regional transmission plans. This is
one example of a Regional State Committee that
the Federal Energy Regulatory Commission (FERC)
has encouraged for state input into regional plan-
ning processes that could-be used to foster clean
energy planning.
4
Designing an Effective State or
Regional Energy Plan
This section describes policy issues, approaches, and
best practices for designing effective clean energy
plans. The issues covered below are built on lessons
learned from states' experience developing and
implementing energy plans. First is a discussion of
important procedural issues: determining the partici-
pants that need to be involved; assessing funding
necessary to support the effort; setting the planning
horizon covered by the plan and related analysis;
and, determining the frequency for planning, reviews,
and updates. Next, this section contains insights into
interactions of energy planning with other state and
federal policies.
Participants
States have found that participation by a wide vari-
ety of stakeholders results in the most effective
energy planning processes. Broad participation across
agencies, states, and relevant external stakeholders,
facilitates information sharing, promotes the consid-
eration of a broad range of options and related tools,
and enables participants to understand how their,,
efforts fit into the broader plan. In some states, the
legislature has created a board or council that
includes multiple agencies and sometimes legislators
and/or other stakeholders (e.g., Connecticut Energy
Advisory Board, North Carolina Energy Policy Council,
New York Energy Planning Board). In other states,
Chapters. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
«T«TE PABTNESSHIP
the governor has formed a task force or council that
includes state agencies, legislators, and sometimes a
variety of external stakeholders (e.g., Delaware,
Illinois, Iowa, Kansas, Kentucky, Oregon, Wisconsin).
External stakeholders can play a role in developing
the energy plan through meetings, public comment
processes, and expert presentations. Many of the
same state-level participants play similar roles in the
development of regional energy plans.
• Governor. States have found that top-level com-
mitment to clean energy policies and leadership
on a coordinated approach is an important part of
developing an effective energy policy and ensuring
effective follow-through on implementing clean
energy measures. The governor can establish prior-
ities and policy objectives, and can ensure that
appropriate agencies participate in the process. In
recent years, governors have increasingly recog-
nized the importance of energy planning and the
link between energy, the environment, and the
economy. For example, in their 2004 state of the
state addresses, several governors recognized this
linkage and proposed related programs or policies.
A number of governors have created cabinet level
task forces or similar bodies to study and/or
implement clean energy policy goals (e.g.,
Delaware Energy Task Force, Iowa Energy
Coordinating Council, Florida Energy 2020 Study
Commission, New Mexico Solar Power Task Force,
Oregon Renewable Energy Action Plan, West
Virginia Energy Task Force, and Wisconsin Energy
Efficiency and Renewables Task Force).
• Legislature. Legislatures have played a variety of
roles. Many of the action items in an energy plan
may require legislative approval and/or funding. In
some states, the legislature has mandated an
energy planning process. Such a mandate can help
clarify clean energy priorities, ensure that appro-
priate agencies participate, and increase the likeli-
hood that adequate resources are devoted to ener-
gy planning and associated implementation steps.
Examples of legislative initiatives include the
Connecticut Energy Advisory Board, the North
Carolina Energy Policy Council, California
Integrated Energy Policy Reports, and the New
York State Energy Plan. In many instances, legisla-
tors serve on an energy board or council (e.g.,
Delaware and North Carolina).
State Agencies. Agencies provide detailed knowl-
edge and experience and-dedicated resources. They
are often looked to by the governor and/or legisla-
ture to define broad policy objectives, inform
development of targets, develop policies and pro-
grams, identify feasible implementation steps, and
develop action items. They are also key players in
implementing specific programs and in reviewing
plan implementation. Increasingly, states are look-
ing to include the broadest array of agencies pos-
sible to enhance leveraging opportunities and har-
monize efforts. States have included agencies cov-
ering a range of interests (e.g., education, energy,
public utilities, environmental protection, trans-
portation, housing, agriculture, economic develop-
ment, consumer protection, human rights, govern-
ment purchasing, administrative services) in the
planning process. States may also provide their
perspective as large end-users.
Universities. Frequently, universities play an impor-
tant role in developing and implementing an ener-
gy plan. For instance, faculty might be able to
secure grant funding for analytical modeling that
is not available in state government. Universities
can also provide a neutral forum to engage stake-
holders. Faculty at the Appalachian State
University spearheaded the development of the
North Carolina Energy Plan; similarly, the Florida
Solar Energy Center at the University of Central
Florida played a major role in Florida's Energy Plan.
The Center for Energy, Economic and
Environmental Policy at Rutgers University serves
as policy advisor and evaluator for the New Jersey
Clean Energy Program and related planning efforts
and as facilitator for the Clean Energy Council.
Utilities. Utilities, including investor-owned,
municipal, and cooperative utilities, provide tech-
nical expertise and are sources of customer infor-
mation. Utilities sometimes provide input as stake-
holders, and sometimes serve directly on a board
or council (e.g., Delaware, North Carolina, and
West Virginia). They also participate in regional
power system planning processes. They are also
involved in implementing and evaluating programs
Section 3.2. State and Regional Energy Planning
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
and policies.
• ISOs and Regional Transmission Organizations
(RTOs). These entities initiate and lead regional
transmission planning processes. They provide
information and analysis of the regional power
system, solicit input from market participants and
state entities, and develop the regional plan. They
are also involved in implementing and evaluating
programs and policies.
• Independent Power Producers, Independent
Transmissions Owner, and Energy Suppliers. One or
more of these entities might be involved, depend-
ing on the issues being addressed-by the energy
plan. They can provide information and analysis,
particularly as it relates to one of their assets (e.g.,
a generating source, transmission line, or pipeline).
They are also involved in implementing and evalu-
ating programs and policies.
• Environmental and Consumer Organizations. These
organizations often provide data and analysis,
ideas on program design, and feedback on pro-
posed policies, initiatives, goals, and programs.
• Other Private Sector Entities. Many energy plan
components are geared to motivating greater
investment by the private sector in energy effi-
ciency and renewables. The private sector also
plays a key role in spurring technological innova-
tion. Large end-users, manufacturers, energy effi-
ciency providers, and other entities that are
directly affected by state energy programs might
be particularly helpful in developing and imple-
menting an energy plan. Energy planning process-
es can also include representatives (including
management and labor) of fuel, biomass, Energy
Service Companies (ESCOs) or renewables indus-
tries.
• Public. States involve the general public in the
energy planning process by holding pubic hearings
in different parts of the state and using the media
and other information distribution outlets (e.g.,
agency Web sites and gubernatorial addresses) to
raise awareness of pending issues. The public can
provide feedback as well as new ideas and input to
state officials.
Funding needs arise in both developing and imple-
menting an energy plan. Developing a state energy
plan can involve contributions of staff and other
resources from multiple state agencies, the governor,
the legislature, and sometimes private entities. Much
of this support is typically "in-kind" because dedicat-
ed funding streams are rare. More common is a one-
time appropriation. Development often calls for
sophisticated energy system modeling, ideally cou-
pled with economic and environmental analysis. This
modeling can be costly to build and maintain, and
funding is often a critical issue. A state may be able
to fund this work through a utility gross receipts tax
or other stable funding mechanism. For example, the
New York State Energy Research and Development
Authority (NYSERDA) is funded in part through a
statutorily prescribed assessment on the intrastate
sales of New York State's investor-owned electric
and gas utilities.
Implementation of the plan, such as specific action
items contained in the energy plan, could require"
special appropriations or mechanisms for funding
(e.g., through a surcharge on electricity consumers or
investment from the private sector such as for an
RPS). For example, the plan could include recommen-
dations for legislative action on financing renewable
energy projects, energy tax credits, and other tax
incentives or for allocating funding to data collection
and research.
On a regional basis, if there is a RTO the governing
board may approve the use of a wholesale tariff to
help support energy planning activities.
An energy plan can also direct investment by state
agencies to meet specific purchasing targets for
energy efficiency and renewables. For example, spe-
cific agencies can be charged with expanding
cost/benefit analyses to include benefits of renew-
ables and efficiency, allocating agencies' funds to
particular types of projects, ensuring agency incen-
tives are consistent with overall policy, or pursuing
specific demonstration projects.
Chapter 3. Stats Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Clnn
Planning Horizon
Planning horizons included in energy plans vary from
a few years to 15 or 20 years. A state may choose to
limit the timeframe based on a concern about
achieving the greatest accuracy. Other states extend
the horizon so that they can consider how long-term
needs might be met and to more fully realize the
costs and benefits of different energy resources.
Timing and Duration
There is a great variety in the timing and duration of
energy planning. Some states have a regular plan-
ning cycle (ranging from once every year to once
every five years) that may include a provision for
updating and/or evaluating the plan in off-years
{e.g., Connecticut, California, Iowa, New York.
Oregon). Other states develop energy plans on a
more ad-hoc basis, based on the perceived need,
resource constraints, or other factors. Some states
have become recently active after waiting 10 or
more years before revising their energy plan (e.g.,
Delaware, Wisconsin, North Carolina, Florida).
Interaction with Federal Policies
Several federal programs can help support the inte-
gration of clean energy into state and regional ener-
gy planning:
• DOE. DOE administers the State Energy Program,
which provides grants to states and directs fund-
ing to state energy offices from DOE's technology
programs. States use grants to address their ener-
gy priorities and program funding to deploy
emerging clean energy technologies. As part of the
State Energy Program, states are required to have
an energy strategy in place that describes how
they will use their annual appropriation to help
promote energy efficiency and renewable energy.
In addition, DOE has been working with the U.S.
Environmental Protection Agency (EPA) to explore
how to reflect clean energy in state air quality
planning (e.g., through a number of Air Quality
Energy Efficiency/Renewable Energy [EE/RE]
Integration Pilots and other efforts).
• EPA. EPA supports energy planning efforts through
technical assistance, analytical tools, and outreach
support on a number of clean energy topics. Key
programs include the Clean Energy-Environment
State Partnership Program, Green Power
Partnership, Combined Heat and Power
Partnership, and ENERGY STAR program. Under the
Clean Energy-Environment State Partnership
Program, EPA helps partner states develop a Clean
Energy-Environment Action Plan, which is a
detailed, implementation-oriented strategy docu-
ment aimed at identifying, assessing, and prioritiz-
ing energy policies, programs, and measures that
can achieve cost-effective environmental benefits.
This Guide to Action helps states with their assess-
ment by providing information, data, case studies,
and guidance on relevant tools and resources for
16 clean energy policies. Specific guidance on
developing a state Clean Energy-Environment
Action Plan, including related efforts to convene a
state collaborative, are presented in Chapter 2,
Developing a Clean Energy-Environment Action
Plan.
• FERC. FERC requires RTOs, or ISOs, to be responsi-
ble for regional transmission planning. As part of
this effort, FERC has enabled the creation of
Regional State Committees for states to have
input into regional transmission planning. FERC
has taken steps toward working on facilitating
transmission access for renewables, particularly
wind. For example, it has held public technical
conferences on assessing the state of wind energy
in wholesale electricity markets. In addition, FERC
is also supporting efforts to examine the role of
distributed energy resources.
• The Energy Policy Act of 2005 (EPAct 2005). EPAct
2005 (Section 140) authorizes grants of $5 million
annually for each of fiscal years 2006 through
2010 for a pilot program for three to seven states
with statewide plans for reducing electricity and
natural gas consumption. The grants would be
dependent on states proving independent verifica-
tion of energy savings.
Section 3.2. State and Regional Energy Planning
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
Interaction With St3te Policies energy planning as a tool for addressing environmen-
_ .. , , tal policy objectives simultaneously with energy poll-
By its nature, state energy planning .s often an ^ jt js when ^ ^
umbrella function providmg an opportunity and consjdered ^ environmenta| L «onomic
mechanism to address multiple state pohcy objec- development objectives that clean energy can take
tiyes w,th Part«c,pat,on from a full range of govern- Qn g mofe nent ro|e jn ^ ™lan
ment and private entities. As such, it is the nexus for
a variety of state policies. Many states have used
The b&st practices td«irt$erf below will let]? states rf$«lop M ertersv pis*i fhattooorporwes. etean
. ed eiwirotwnental con$td.4fa*fofls,. These feest (jractices are based an the experiences of states scrosstfie coimtry ,
that have developed energy plans. {S0a Chapter 2, tfaistapfag a £fean Energy-EimrmmeatAcSan Plan* lor .more 0
* Crests a Collaborative, Create an advisory g reap to identify and assess resources and toots devetoped by other
organizations, inciutfing state agencies, teglstetur&s, untversittes, aad Use private sector, This group can inform the
, «$taWfShm$dt of » mutti-ag^n^ wui'Stak«!hftlrf^r toHsboratlv* proems to dev$tof> a plan. At tN* «$ionsl teM
work with ISOs a^d RTOs te establish f)raee$ses, set policy goals, aiid implement programs. -' ,
« Establish Quanttt&tive and Other Goafs, tdeatiiy policy objectives and specific goais, Including areas for agency "
coordinsSon as weSJ as speciic, quantitatiw ctean energy goals, to help $uide th« wcrk of tta planning agency
a«d jirovWe (Si$ jjwblit and eflw stak^h&tdws witd ^$ttat»on$ f^r tho o«ttg appllanees/eqwipfinent, incl«djog rnodfii, size, ^d opefatlng characteristics) father
than econometric drivers |te., 'top down" df1v$r$ stjcft 99 population, economic sctlvity, weather, and more general
assitrnptiorts an appKance and equipment use/penetration). :: ..
* Assessfteaf} £qergy Pvtentfat, Assess the tecbaicai Economic, aadaetiJsvable potential for cteaa energy \ v, .
reso«f'c$s to t»e^> meet ferecasted demat«l wd iftt^rate eifsan en^rsv ce$otiwifyiy iatoth^ aftaly$fs. :' -
* Examine Poiiey Qptiws. Considef how new and existing poli ctes and programs can help expand the use of cost-
effective clean energy. The Quids to Action describes each of the IS clean energy policies, programs,, and strata- -
Hies that states have found particularly promising and may include ia its state or regional Glean energy plan. States,
»ay $, based h} sntf ifflpiejflentins «seftcies je,g., P«t)Rc Uttiity
C«mffli$$iong [PUCs], state energy officesj.
Chapters. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNEMHIP
Several states have identified economic development
or climate change concerns as key drivers in the
shaping of their energy plan (e.g., Connecticut,
Florida, Illinois, New York, Oregon, West Virginia,
Wisconsin, Iowa, North Carolina, Vermont). For
example, the Massachusetts Climate Protection Plan
is premised on the interrelated nature of energy,
environment, housing, and transportation issues.
Similarly, Connecticut cites its Climate Change
Action Plan (CCAP) as one of the key factors affect-
ing its energy policy. State climate change action
plans often include a number of clean energy policies
that can help achieve'greenhouse gas reductions,
such as energy efficiency goals or targets, renewable
energy portfolio standards, building energy codes,
and provisions to increase the use of clean distrib-
uted generation. Energy plans are frequently linked
to economic development and job creation.
Regulatory policies that address decoupling utility
profits from energy sales, portfolio management,
demand response, and utility planning are also relat-
ed and are discussed in Section 6.1, Portfolio
Management Strategies.
Some states have taken specific actions to ensure
that utilities provide adequate access to transmission
and distribution for renewables. Many utilities are
determining how best to incorporate energy efficien-
cy and distributed generation (DG) into distribution
system planning. For example, New York has been
evaluating D6 in distribution system planning
through several regulatory proceedings. Similarly, the
Massachusetts D6 Collaborative has a working group
on DG distribution system planning.
Program Implementation and
Evaluation
Boies and Responsibilities of
Implementing Organizations
State Agencies. Energy plans usually include specific
actions for a number of state agencies including
energy offices, public utility commissions, environ-
mental agencies, administrative agencies (or other
agencies charged with purchasing), and economic
development agencies. For example, PUCs are often
involved in developing efficiency plans and develop-
ing rules that specify actions regulated utilities must
take to-implement the policies and goals adopted in
the plan. Agencies are key players in the implemen-
tation of specific programs and the review of plan
implementation.
Legislature. Legislative action may be required to
implement certain steps of a plan, such as special
tax treatment or development of funding sources.
The legislature also often oversees the implementa-
tion of plans and may intervene to make course cor-
rections or to clarify ambiguities.
Universities. Universities often play a key role in
energy research and development relating to clean
energy options and are sometimes looked to as part-
ners in initiatives to foster specific technologies.
Utilities. Utilities (both vertically integrated and dis-
tribution-only) are essential to the implementation
of certain programs, such as efficiency programs,
integrating renewables into power systems, portfolio
procurement, and integrated resource planning. They
also participate in regional power system planning
processes. Even utilities that are not regulated by the
state, including municipal utilities and cooperatives,
may have roles to play in program implementation.
States cao use the fcest practises betow to Impfonwit
tfieir energy pian. These best practices are based on
the experiences of states that have energy plans.
nate specific implementation tasks to specific
agsnctes ami staff,
Create an entity or working group to Monitor plan
Urtk kn0teflroflt*ttoft t
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
Evaluation
Energy plan evaluation practices span a range of
approaches from very broad review, to detailed pro-
gram by program review and evaluation.
Some energy plans are primarily tools to enunciate
policies and do not include a specific mechanism or
procedure for reviewing and evaluating the imple-
mentation of the plan. In contrast, some plans .
include specific reporting requirements (e.g., to the
legislature or the governor). Energy plans also can
include feedback loops to guide future iterations of
the plan. For example, in New York, the Energy
Coordinating Working Group, comprising staff repre-
sentatives of the agencies on the Energy Planning
Board, issues an annual Report and Activities Update
that evaluates progress toward the goals of the most
recent energy plan. Similarly, Oregon's Biennial
Energy Plan (2003-2005) includes a section on
achievements, reviewing the results of the previous
years' energy programs. Oregon's Renewable EAP
specifically charges a working group with evaluating
TKe best practices Id^ritilied below wi help states
evaluate their energy plans. These best practices are
based OH ?hc experiences of states that have an ener-
gy plan.
« Identify 9 speelic ached u te and steps for plan e va f-
Designate an entity er wqfkwg group responsible
for rrt&riitoring plan implementation.
Oevefop a process for evaluating Individual action
terns and Sfiec^ss in aeiiievint the stated objective,
Select apfw&f iste measures to
cess at programs {e.g., metrics cart Include MtawaG-
heurs aav&d; appliances sold, dollars spent and
new renewable* Instated) and include metrics
about environnvental and econoflnie b«$« ant)
results; SIN* as $atis$&6$ saved ori&bsWa&d.
Prepare a eqfflipriMieflslve report tfott examines ail
aspects of the energy pi an as a wfiofe.
ftecorawend adjustfnentsto respond to new oppor*
or barriers identified trtthe evaluation
implementation of the plan. The 2005 Connecticut
Energy Plan reviews the success in implementing the
2004 Energy Plan, and includes a section oh evaluat-
ing and providing a progress report as part of the
energy plan. The Iowa Department of Natural
Resources (DNR) prepares a comprehensive energy
plan update every two years, reporting on energy
consumption as well as progress in improving energy
efficiency and expanding renewable energy use.
A thorough and well-documented evaluation
process can help build confidence in the benefits
associated with clean energy. In addition, evalua-
tion results can help planners understand instances
where projections did not materialize as expected
and point to ways to address potential barriers to
full policy success.
State and Regional Examples
California
As directed by the state legislature in 2002, the
California Energy Commission (CEC) prepares a bien-
nial Integrated Energy Policy Report (IEPR). The IEPR
addresses issues uncovered in an integrated assess-
ment of major energy trends and challenges facing
California's electricity, natural gas, and transporta-
tion fuel sectors. It makes policy recommendations to
conserve resources; protect the environment; ensure
reliable, secure, and diverse energy resources;
enhance the state's economy; and protect public
health and safety. This includes recommendations to
further the goals included in the state's EAP,
described in the next paragraph. The IEPR includes a
chapter dedicated to the issue of climate change and
the related interactions with energy.
The EAP is a brief "blueprint" developed by the CEC,
along with the California Public Utilities Commission
(CPUC), as a "living document" to guide energy relat-
ed actions throughout the state. The goal of the EAP
is to ensure that energy is available and affordable,
with minimal environmental risks and impacts, when
and where it is needed.. Other participants involved in
preparing the EAP include the State Business,
Chapters. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Clian E
STATE PARTNERSHIP
Transportation, and Housing Agency; the Resources
Agency; the State and Consumer Services Agency;
the California Independent System Operator (CAISO);
the California Environmental Protection Agency (Cal
EPA); and other agencies with energy-related respon-
sibilities.
The EAPII: Implementation Roadmap for Energy
Policies, released in 2005, notes that California's
energy efficiency efforts, particularly efficiency
requirements for appliances and new buildings, have
already reduced peak capacity needs by more than
12,000 MW and continue to save about 40,000
gigawatt-hours (GWh) of electricity annually. It adds
that in 2004, the CPUC adopted further energy sav-
ings goals for electricity and natural gas. In meeting
these targets, investor-owned utilities (lOUs) will
save an additional 5,000 MW and 23.000 GWh per
year of electricity and 450 million therms per year of
natural gas by 2013. The EAP II assertfthat there is
more to be done and lays out a series of key actions
in the areas of energy efficiency, demand response,
electricity adequacy, electricity market structure and
other areas.
The original EAP, released in 2003, identifies a "load-
ing order" for energy resources that requires (1) opti-
mizing all strategies in conservation and energy effi-
ciency to minimize demand increase, (2) meeting
new generation needs first by renewable energy and
distributed generation, and (3) supporting clean fossil
fuel-fired central station generation. This loading
order has since been codified in state legislation and
extends the application to local publicly owned
(municipal) utilities.
Web site:
http://wvMW.energy.C3.cjov/energypoiicy/irsdex.hlfril
Connecticut
The Connecticut Legislature reconstituted the
Connecticut Energy Advisory Board in 2003. The
Board includes leaders from multiple state agencies
who identify and coordinate state energy needs and
recommend strategies and solutions. The Board pro-
vides an Annual Energy Plan to the legislature that
includes specific strategies to support energy effi-
ciency and renewable resources. The Board's 2004
Plan included a detailed assessment of energy supply
and demand options and an overview of related poli-
cy opportunities and challenges. It also presented 10
energy-related strategies (and related examples of
possible actions) including: continuing to support
energy efficiency and conservation, supporting
renewable energy technologies, supporting demand
response, and supporting transportation and land use
policies that reduce energy use and increase fuel
diversity.
The 2005 plan reiterates the importance of those
strategies and identifies several related goals includ-
ing: (1) initiating and implementing by year-end
2005 a statewide public education and awareness
program about the Board's recommended strategies
to reduce dependence on fossil fuels, and (2) initiat-
ing legislative efforts related to the strategies identi-
fied in 2004. The 2005 plan also reported on the
progress of the governor's Steering Committee (GSC)
on Climate Change and the'related Connecticut
Climate Change Stakeholder Dialogue as a significant
energy-related activity. It noted the governor's adop-
tion of 38 recommendations made by the stakehold-
er group, including implementing measures to create
a voluntary clean energy "choice" program for.
Connecticut electricity users; developing new emis-
sions standards for cars; and using energy-efficient.
materials and design concepts in the construction of
new state buildings.
Web site:
http://www.ccrc.com/pdfs/
ico
The governor of New Mexico articulated a goal for
New Mexico to become a leader in renewable energy
and clean energy technologies. The state is also pur-
suing economic development goals through develop-
ment of clean energy. Executive Order 2004-019
declared New Mexico the "Clean Energy State" and
established an internal Clean Energy Development
Council (CEDC) consisting of cabinet secretaries. The
CEDC established task forces on concentrating solar
Section 3.2. State and Regional Energy Planning
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
power, electricity transmission, biomass, distributed
solar, utility energy efficiency, and green building.
Web site:
The New York State Energy Planning Board was cre-
ated by the legislature to oversee the development
and adoption of the Annual State Energy Plan. The
Energy Planning Board is comprised of several agen-
cies: NYSEROA, the New York State Department of
Transportation (DOT), the New York State Public
Service Commission (PSC), the New York State
Department of Economic Development (DED), and the
New York State Department of Environmental
Conservation (DEC). While legislation creating the
Energy Planning Board has expired, there are draft
bills in both houses of the legislature to reauthorize
it.
The Energy Plan includes specific goals for the con-
tribution of energy efficiency and renewables. The
2002 Energy Plan included the following goals: (1)
reduce primary energy use per unit of gross state
product to 25% below 1990 levels by 2010, (2)
increase renewable energy use as a percentage of
primary energy use by half from 2002 levels to 15%
by 2020, and'(3) reduce greenhouse gas emissions
50/0 below 1990 levels by 2010 and 10% below 1990
levels by 2020.
An annual report provides updates documenting
progress in implementing policies and recommenda-
tions contained in the plan. This report provides an
update to the Energy Planning Board on actions and
initiatives the state has taken to implement the
strategies and recommendations.in the Energy Plan.
It also summarizes the data and information filed
with the board by major energy suppliers in 2004,
under regulations promulgated by the board. An
appendix to the report contains an extensive matrix
that catalogs specific initiatives and programs under-
taken in response to strategies in the 2002 plan.
Policy objectives for the Energy Plan include increas-
ing energy diversity (including energy efficiency and
renewables) and promoting and achieving a cleaner
and healthier environment. NYSERDA conducts com-
.prehensive tracking of energy plan implementation,
including specific actions by the government and pri-
vate sectors.
Web site:
http://wvvw.dps. •?.t3
Oregon
Under the leadership of its governor, Oregon has
developed a Renewable EAP (issued April 2005). The
goals of the plan are to encourage and accelerate
renewable resources, stimulate economic develop-
ment (particularly in rural areas), and improve the
environmental future of the state. The plan is intend-
ed to be central to progress on the governor's initia-
tives on sustainability and global warming.
The plan establishesJong-term and short-term goals.
The long-term goals include: (l) new post-1999
renewables account for 10% of load by 201 5-a
growth rate of about 1°/o per year, and (2) -25% of
state government electricity needs will be met using
renewables by 2010, and 100% of electricity needs
will be met with renewables by 2025. The short-term
goals,.to be achieved by 2006, include: (1) develop-
ing 300 new wind energy resources, (2) finding and
implementing five solutions to transmission bottle-
necks to provide access to'load centers for renew-
ables and other resources, (3) implementing specific
targets for solar photovoltaic (PV), biomass, biogas,
efficient CHP, fuel cells, and environmentally sound
hydro, (4) ensuring that utilities offer stable price
renewable products, (5) conducting a feasibility study
of a RPS, and (6) meeting state government purchas-
ing goals and others.
The plan includes specific action items for the fol-
lowing entities in the state: Governor's Office,
Renewable Energy Working Group, Department of
Energy, Economic and Community Development
Department, Department of Administrative Services,
Public Utility Commission, Department of Agriculture,
.Department of State Lands, Department of Consumer
and Business Services' Building Codes Division,
Oregon University System and Community Colleges,
Chapters. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
and Oregon Solutions team. The Renewable Energy
Working Group is specifically charged with guiding
plan implementation.
Web site:
FmsSREAP.pdf
Mew England Soyernors' Conference
(NE6C)
Governors of the six-state New England region, an
informal alliance since colonial days, formally estab-
lished the New England Governors' Conference in
1937. The conference's goal is to promote New
England's economic development. In 1981, the con-
ference incorporated as a non-partisan, nonprofit,
tax-exempt 501 (c)(3) corporation. The region's six
governors serve as its board of directors. The NEGC
coordinates regional policy programs in the areas of
economic development, transportation, environment,
energy, and health, among others. Through these
efforts, the conference seeks to effectively and cost-
efficiently coordinate regional policies that reflect =
and benefit the states.
In 2001, the NEGC and the Eastern Canadian Premiers
announced a Climate Change Action Plan. This plan
contains short-term, medium-term, and long-term
goals for reducing greenhouse gases and includes
several specific measures to promote clean energy
The short-term goal is to reduce greenhouse gas
emissions to 1990 levels by 2010; the medium-term
goal is to reduce emissions 10°/o below 1990 levels by
2020; and the long-term goal is to reduce emissions
by 75 to 85% below 2001 levels. To achieve these
broad objectives, the plan includes goals to reduce
greenhouse gas emissions from the electricity sector
through clean energy options: (1) by 2025, to reduce
carbon dioxide (C02) emissions per kilowatt-hour
(kWh) of electricity by 20% from current emissions
through a combination of renewable energy sources,
lower carbon fuel, energy efficiency, and efficient DG;
and (2) by 2025, to increase the amount of energy
saved by 20% from current levels.
Web site:
Northwest Power and Conservation
Council
Created by Congress in 1980 because of the federal
power system in the Northwest, the Northwest
Power and Conservation Council includes two repre-.
sentatives from each of the four states of Idaho,
Montana, Oregon, and Washington. The council
develops a 20-year electric power plan for reliable
energy at the lowest economic and environmental
cost. The energy plan gives highest priority to cost-
effective conservation, followed by renewable
resources, to the extent they are cost-effective. The
current plan includes specific targets and action
items for conservation, demand response, and wind
resources. The target for conservation is 700 average
megawatts (MW) between 2005 and 2009, and
2,500 average MW over the 20-year planning hori-
zon. (An average MW is the amount of energy deliv-
ered or saved over a year's time.) The plan also calls
for over 1,100 MW of wind from system benefits
charge (SBC) programs and utility integrated
resource plans.
The Northwest Power and Conservation Council has
created a Regional Technical Forum to develop stan-
dards to verify and evaluate energy conservation sav-
ings for-system planning purposes, and assess how
energy efficiency is increasingly being used as a
hedging strategyto reduce risks associated with
volatile electricity prices.
Web site: '
http://www.necc.org/docurfients/
NEG.-ECP%20CCAP.PPF
Section 32. State and Regional Energy Planning
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version}
The governors of the 18 states in WGA created the
Clean and Diversified Energy Advisory Committee*
(CDEAC) in 2004 to oversee the work of the follow-
ing eight task forces associated with the Clean and
Diversified Energy Initiative:
• Advanced Natural Gas
• Biomass
(http://www.west.gov.org/y.'ga/init!3t!ws/cdeac/
birsmass.ht.rn}
• Clean Coal
Energy Efficiency
Geothermal
geotherrnsLhtfn)
Solar
{http://www.westgov,org/wgs/lniti5tivss/cdeac/
Transmission
{hitp://vvww.wsr»tgov.or(j/¥vga/iniUi5tives/cde3C/
• Wind
fhttip://www. westgov.org/wga/initia 'JvftS/cde
wlnd.htm)
The governors are examining the feasibility of
actions that would be needed to develop 30,000 MW
of clean energy in the West by 2015, ensure ade-
quate transmission capacity, and increase energy
efficiency 20% by 2020. The Energy Efficiency Task
Force of the CDEAC recently released an analysis of
the potential for improving energy efficiency in the
18-state WGA region; a review of barriers inhibiting
greater investment in energy efficiency; and recom-
mendations for how the region can increase energy
efficiency through policy actions such as state appli-
ance standards, building codes, enhanced electricity
arid natural gas demand-side management, utility
pricing/rate structure adjustments, public sector ini-
tiatives/and education and outreach. The analysis
found that a combination of current state and utility
energy efficiency policies and programs and wide-
spread adoption of "best practice" policies and pro-
grams would achieve the WGA's goal of reducing
electricity consumption in 2020 by 20%. The
absolute electricity savings projected by 2020 are
equivalent to the electricity supply of 100 baseload
power plants.
Web site:
Western Interstate Energy Board
The WIEB is an organization of 12 western states
and three Canadian provinces that operate under the
auspices of WGA. WIEB conducts a broad menu of
clean energy activities, including (1) helping develop
a western renewable energy tracking system
(Western Renewable Energy Generation Information
System or WREGIS), (2) helping foster policies to
enable wind energy siting and operation, and (3)
developing transmission protocols that incorporate
clean energy options.
Web site:
http://www.westgov.Grg/wieb/
What States Can Do
States and regions have approached clean energy
planning in a number of ways, including as part of a
broad, multi-faceted strategy that incorporates clean
energy as one element of a larger energy plan, as a
targeted effort, and as an exclusive focal point. Clean
energy planning has also involved variations of these
three approaches, including government-focused
"lead by example" strategies. The information in this
guide describes best practices for design, implemen-
tation, and evaluation; summarizes a wide range of
state experiences with energy planning; and offers a
variety of information resources on energy planning
strategies. Based on these state examples, action
steps for states that want to establish their own
energy planning programs or strengthen and expand
Chapter 3. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Cilia tnngifSsvii58
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version)
Sr»TE PARTKERSKIP
Information Resources
Information About Stats and Regional Plans
The following are links to individual state energy (or related) plans or planning processes. The list covers many
states, but it might not contain a link to every energy plan or process available.
Cafifartifa
Rural Energy Plan
Arizona Energy Infrastructure 2002
Integrated Energy Policy Reports
EAPs
IM^^^^^^^^P^M^I^1^!^??!
;ii s pg^pii^&ssrpigjf :m pii:;;.; 1* B %p i!
• i,.f,y.iy..,v.yt'.yttitj,t.<,.f~--.-y.i-v.-.-...-Jr^
-.•-.);•[,;':-.;';<:•:-::-: •:•••::-• :-:•-::•;:--^'x'x:-::-::::-::>:>••:':- ;•;.-;;:;•;•::-:;;:-:::>:-:>':•::-::-;
Corsnseilctjt
Rorids
Hswssi
linois
Sows
Ksrjfecky
^8
Msssashusstts
IW«
*"""'
Energy Plan for Connecticut
Executive Order
Florida's Energy Future: Opportunities for Our Economy,
Environment and Security
„,.„ ,.
Hawaii Energy Strategy 2000
'* """" " *"-* *
Sustainable Energy Plan
Iowa Energy Plan
2004 Kansas Energy Plan
Kentucky's Energy Opportunities for Our Future: A
Comprehensive Energy Strategy
Energy Resources Council: 2005 Work Plan and Report to the
Legislature
Climate Protection Plan
Non-profit energy corporation to advance alternative energy
technology
Integrated Strategic Plan
:|^
;-£-sr
ii£
!!:$<
:::; •:-::;:,::
•::fef-V
::t«.j£j£y
us
11
:S
iii
Si
i |>4^-;
Si
8!>
Hi
!•&!?
-irS&
\Z%&
':^m
Montana Vision 2020
Chapters. State Planning and Incentive Structures
-------
I
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
dun
New York
Nsrth Gsssliss
State of Nevada Energy Conservation Plan
2003 Status of Energy in Nevada
- .. • • ••-. • .• •- •--. • -••••..••••-.-• • •
i ^Status rjjjf |ne|gv;in': Nevada:; ;• :'; §;;-: £: ?«;;<;'?•'; ;:xi \
New Hampshire's 10 Year State Energy Plan
An Energy Plan for the 21st Century
New Jersey's Clean Energy Program: 2003 Annual Report
Governor's policy priorities
New York State Energy Plan-June 2002
lifil^^i^jcfeM*^^
North Carolina State Energy Plan 2003
Oklahoma's Energy Future: A Strategy for the Next Quarter
Century
I State of Oregon Energy Plan 2005-2007
Renewable EAP
South Carsiina South Carolina Energy Office, Strategic EAP 2002-2003
Statewide Energy Management, but no clean energy develop-
ment plan.
Utsh
Washington
Report of Governor's Interagency Policy Workgroup
Energy Planning Council
State Energy Program Plan
Comprehensive Energy Plan
The Virginia Energy Plan, December 2001
2005 Biennial Energy Report
West Virginia's Energy Roadmap, 2001-2020
> Section 3.2. Stats and Regional Energy Planning
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version}
ST»I£ PAD1KERSHIP
State of Wisconsin 2001 Energy Policy
Report of the Governor's Task Force on Energy Efficiency and
Renewables
Northwest Power and Conservation Council
Northwest Power and Conservation Council Regional Technical &;M&;
Forum
New England Governor's Conference (NEGC's) Climate Change
Action Plan
WGA Clean and Diversified Energy Initiative
Western Interstate Energy Board (WIEB)
Genera! Articles About State and Regional Energy Planning
Powerful Solutions: Seven Ways to Switch America to Renewable Energy, as well as
State Supplements, Union of Concerned Scientists. January 1999.
8««a!te a -in •
Plugging in Renewable Energy, Grading the States. Union of Concerned Scientists.
May 2003. This report evaluates the progress of individual states in renewable energy.
Transmission Planning and Wind Energy. National Wind Coordinating Committee,
August 2004.
Repowering the Midwest the Clean Energy Development Plan for the Heartland.
Environmental Law and Policy Center et al., 2001.
!
Powering the South: a Clean and Affordable Energy Plan for the Southern United
States. Renewable Energy Policy Project January 200Z.
References
CERCDC. 2003. EAP. California Energy Resources Conservation and Development
Commission (CERCDC), CPUC.
Pacific Northwest Electric Power Planning and Conservation Act. 1980.839b(e)(1). 16
United States Code Chapter 12H (1994 & Supp. 11995). Act of December 5,1980,94
Stat 2697. Public Law No. 96-501, S. 885.
Chapter 3. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Chin Ea«rsyBfy)iM«:«S
STATE PARTNERSHIP
3.3 Determining the Air Quality
Benefits of Clean Energy
Policy Description and Objective
Summary
Meeting energy demand through clean energy
sources can reduce emissions from fossil-fueled gen-
erators and provide many environmental and eco-
nomic benefits. Some states are estimating emission
reductions from their clean energy programs and
incorporating those reductions into documentation
for air quality planning efforts, energy planning, and
clean energy program results.
States are demonstrating a number of.methods to
quantify the emission reductions from clean energy
policies. Approaches most useful to policymakers are
cost-effective, rigorous, and address relevant emis-
sion market issues.
Quantifying the precise environmental impact of a
particular clean energy project can be challenging. To
determine how clean energy affects air emissions,
states first estimate how much generation would be
displaced at which power plants. Then they can pin-
point the type and quantity of emissions that are
avoided as a result of using clean energy sources.
There are many opportunities and strategies for
developing adequate quantification methods,
depending on the purpose and scope of the clean
energy program or policy.
Several states are assessing the potential for clean
energy to help meet air quality requirements within
their State Implementation Plans (SIPs). A SIP is the
official plan a state submits to the U.S.
Environmental Protection Agency (EPA) that details
how the state will attain or maintain the national
ambient air quality standards. States are using a
variety of approaches to estimate emissions benefits,
based on the characteristics of their energy
resources. These relatively new efforts are identifying
opportunities to overcome traditional barriers to
quantification, namely complexity and cost Recent
Integrating energy efficiency and renewable
energy m air quality planning offers states
many opportunities and strategies to esti-
mate emission reductions from dean energy
programs.
efforts are beginning to form the "best practices" for
quantifying the air quality benefits of clean energy
resources.
States are estimating emission reductions from clean
energy programs for a number of purposes, includ-
ing:
• Incorporating emission reductions in air quality
planning documents.
• Evaluating the benefits of energy programs, such
as Renewable Portfolio Standards (RPS) and Public
Benefits Funds {PBFs), and in designing new pro-
grams. (See Section 4.2, Public Benefits Funds for
Energy Efficiency, Section 5.1, Renewable Portfolio
Standards, and Section 5.2, Public Benefits Funds
for State Clean Energy Supply Programs.}
• Complying with legislative requirements for
reporting the effectiveness of energy programs.
• Standardizing the methods used by energy market
participants who are calculating emission reduc-
tions.
There are many benefits to calculating the emission
reductions of clean energy. These efforts:
• Add New Options for Environmental Solutions. If an
agency gains information about the air quality
benefits of clean energy, the agency can choose
clean energy solutions from among a list of
options designed to improve the environment
• Potentially Reduce Compliance Costs.
Knowing the benefits and costs of alternative
clean energy solutions allows an agency to better
Section 3.3. Determining the Air Quality Benefits of Clean Energy
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
rank these programs to achieve the greatest bene-
fits for the least costs. This analysis can help
enable an agency to determine the best way to
design its programs to comply with both existing
and prospective regulations.
• Help Agencies Choose the Best Investment. For a
particular clean energy program, an agency can
use information about emission reductions to
determine the best investment opportunities.
States Are Determining ths Air duslrty
Benefits of Clean
Agencies in several states are working with EPA to
develop methods for quantifying air emission reduc-
tions from clean energy policies and projects. States
such as Texas and Wisconsin, states in the Western
Regional Air Partnership (WRAP), as well as states in
the Northeast have developed estimation methods
appropriate for several objectives, including incorpo-
rating clean energy into air quality planning, provid-
ing comprehensive cost/benefit analyses, meeting
legislative reporting requirements, and ensuring that
clean energy measures are consistent with existing
regulations.
• Incorporating Clean Energy into Air Quality
Planning. State and local air quality districts are
increasingly seeking emission reductions from
clean energy in their plans to achieve ambient air
quality standards. Air quality plans that include
the impacts of energy efficiency and renewable
energy are more comprehensive than plans that
ignore these resources. In addition, these resources
can provide cost-effective emission reductions for
regions that are attempting to attain air quality
standards. In some areas, the air quality benefits
may not occur unless they are clearly linked to
clean energy policies that are specifically added as
part of the air quality planning process.
EPA issued guidance documents in 2004 that pro-
vide clarification on how clean energy measures
can fulfill the requirements of a SIP. These docu-
ments set a flexible framework for quantifying
clean energy policies and address many related
issues. The documents outline two approaches a
state may take to include clean energy in the SIP.
The first approach is to include the clean energy
measure in the projected future year emission
"baseline." The second approach is to include the
clean energy as a discrete emission reduction
measure. (For more information about these guid-
ance documents, see the Information Resources
section on page 3-60.)
For example, Montgomery County, Maryland,
incorporated nitrogen oxide (NOX) emission reduc-
tions associated with a renewable energy purchase
into the SIP for the Washington D:C. non-attain-
ment area and committed to retire NOX emission
allowances to ensure the emission reductions
actually occur. (For more information, see State
Examples on page 3-54.)
• Providing Comprehensive Cost/Benefit Analyses.
Policymakers can make better decisions about air
quality program design when they have complete
information about the programs' costs and bene-
fits. Different types of energy efficiency programs
can result in different levels of emission reduc-
tions, and this information can guide policymakers
in selecting the appropriate suite of programs for
their regions. Similarly, when selecting supply-side
resources, utilities and regulatory agencies need to
understand the benefits of various renewable
resources. For example, New Jersey disburses some
of its PBFs (see Section 5.2, Public Benefits Funds
for State Clean Energy Supply Programs) to pay for
solar energy. State officials determined that the
benefit of solar energy providing electricity on
sunny summer days, when demand peaks and con-
centration levels tend to be high, justifies the cost
of incentives for the photovoltaic (PV) systems.
• Meeting Legislative Reporting Requirements. Some
regulatory agencies are under legislative mandates
to periodically report on the results of their energy
policies. For example, some legislatures require
reporting on the cost and benefits of RPS or PBFs
(see Section 4.2, Public Benefits Funds for Energy
Efficiency. Section 5.1, Renewable Portfolio
Standards, and Section 5.2, Public Benefits Funds
for State Clean Energy Supply Programs), and in
some cases, they require cost/benefit reports
before they reauthorize the RPS or PBF. The New
Chapter 3. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
York State Energy Research and Development
Authority includes emission reductions as part of
its reports detailing how the performance of PBFs
helps achieve the state's goal to reduce environ-
mental impacts of energy production and use.
• Ensuring Clean Energy Measures Are Consistent
with Existing Regulations. Standardized methods
for estimating emission reductions from clean
energy will ensure that estimates made by differ-
ent parties are accurate and comparable. They also
help ensure that the estimates are consistent with
other regulations such as cap and trade programs.
For example, the Independent System Operator
(ISO) New England's Marginal Emission Rate
Analysis and the Ozone Transport Commission's
(OTC's) Emission Reduction Workbook were devel-
oped so that the emission impacts of different
projects and programs could be evaluated in a
consistent manner (ISO New England 2004 and
OTC 2002).
Quantifying Air Emission
Reductions from Clean Energy
Estimating the air emissions that will be avoided by
clean energy programs and projects involves three
key steps:
• Establishing the operating characteristics of the
program or project in terms of when and how
much it will reduce demand for conventional ener-
gy-
• Determining which generating units will be dis-
placed and to what extent due to the program or
project.
• Calculating the avoided emissions using the emis-
sion factors associated with the generating units.
Determining the load impact of the clean energy
resource requires estimating at which times it will
operate and at what levels. For example, will the
energy efficiency savings be taking place on hot
summer daylight hours or will it be occurring 24
hours per day, 7 days a week, 52 weeks per year?
Different renewable resources have different operat-
ing profiles based on the availability of, for example,
wind.and sunlight. Knowing the load shape of the
clean energy resource is helpful in predicting which
generators would most likely be backed down and,
consequently, where and how many emission reduc-
tions would occur. There also may be an accounting
of emissions associated with the clean energy source,
such as for biomass and landfill gas.
The next step is estimating emission changes, typi-
cally by calculating the likely emission reductions
based on either a model to assess which generating
units will reduce generation due to the clean energy
or historical trends.
s
• Dispatch and Planning Models. Dispatch models
estimate the air emission effects of clean energy
by identifying the marginal generating units-the
units that are assumed to be displaced by the
clean energy program or project. States that use
this approach estimate reductions by identifying
the marginal units during the hours that the clean
energy resources operate and applying the expect-
ed emission rate of the units to the displaced gen-
eration. An example is the analysis performed for
the Montgomery County, Maryland, wind purchase
(for more information, see Store Examples on page
3-54).
A dispatch model is a comprehensive way to
approximate plant dispatch, using software to
simulate the operation of all the plants in the
region. Because these models are designed to sim-
ulate all of the constraints facing power system
operators, they provide realistic estimates of
reduced emissions.
Planning models are used for longer time horizons
and can help discern the effect of clean energy on
the construction of new plants and the retirement
or modification of existing plants. For example,
WRAP used the Integrated Planning Model (IPM)
to analyze its renewable energy goals (for more
information, see Store Examples on page 3-54).
Dispatch and planning models can be expensive to
operate and maintain. Therefore, these models
might not be an option for some uses.
• Historic Trends Analysis. When resources are not
available to run.a dispatch model, states approxi-
> Section 33. Determining the Air Quality Benefits of Clean Energy
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Oeeidisg when «nd haw to direct power plants to operate is
a complex process. As » rastilt, calculating the air emission
rfetjuttkms associated with
h^cfean energy projects i$ also
ilrtdefstanding bow efeetrieity is dispatcher ant) which
pqvyer plants would be basted fiff at the margin by clean
: ahefgy involves some key information about they, S.alsctrie-
ity sy$tertt, The edMififtrtta} ynrtefl States ia Oivfrfftfl tola three
interconnected sfias«ioa00 10,000 2S£00 30JQO 35,000
kCap«ity
-------
EPA Cjean Energy-Environment Guide to Action (Prepublication Version)
Cliui
mate plant dispatch by looking at historical plant
operations. Data on historical plant use are avail-
able from the EPA eGRID database (EPA 2005) and
from the U.S. Department of Energy's (DOE's)
Energy Information Administration
(http://www.eia.doe.gov). Additionally, by review-
ing hourly data collected by emission monitoring
devices, states reconstruct how system emissions
changed as loads changed during a given day or
season. This approach is especially effective for
assessing historical emission reductions (see Figure
3.3.3) (Keith et a I. 2005). Historical analysis can
also be used to project how plant emissions might
be reduced in the future by clean energy.
It is possible to combine the two approaches to gen-
erate a more complete view of the power system. For
example, ISO New England uses both historical infor-
mation and dispatch modeling to generate its annual
reports on marginal emission rates in the New
England Power Pool (NEPOOL).
Finally, after considering the characteristics of clean
energy projects and calculating marginal emission
rates, the emission reductions can be estimated. The
emission reductions are calculated by applying the
emission rates of each of the electric generating
units to the displaced generation at each generator.
Figure 3.3.3: Histories! Emissions Data
Mew Eaglsnd 2880?
Annual Hours
O
4,000
8.000 11,000 14,000 17,000 20,000 23,000
Load (MW)
Plots of power system emissions as a function of load can be used to
develop marginal emission rates during different time periods. This plot
is for the New England region in 2000.
Issues to Consider
States are developing and evaluating ways to quanti-
fy how clean energy reduces air emissions. Their
efforts have highlighted a number of important
issues and strategies: .
• Purpose of Quantification. It is important to note
that the proper quantification method and docu-
mentation will vary for different purposes. For
example, when estimating emission reductions for
use in an air quality plan (such as an SIP), a high
level of rigor and comprehensive documentation
are needed to meet public health and regulatory
needs. To ensure that appropriate methods and
documentation are used, states may contact EPA
early in the process if assistance is needed. In con-
trast, for a report summarizing the benefits of .
clean energy programs, states tend to use less
resource-intensive methods of quantification and
documentation.
• Prospective vs. Retrospective Analyses. Estimates of
emission reductions from both existing projects
and expected new projects are useful. States have
much more information about existing projects
than about future projects. This information
includes data about the clean energy projects and
the operation of the regional power grid. With this
information, states can create accurate estimates
of historical emission reductions. States face more
uncertainty when projecting how future clean
energy projects will contribute to air quality
improvements. Thus, they have found that it is
important to periodically review and revise esti-
mates related to these projects. In addition, when
states perform a prospective analysis, they consid-
er how new emission control requirements for fos-
sil fuel generators affect their calculations. If the
clean energy displaces fossil fuel generation gov-
erned by future emission control requirements,
then the clean energy will have less impact on
emissions in the future. For example, the analysis
performed for the Texas Emission Reduction Plan
updates its estimates annually and accounts for
NO, control programs imposed on the electric gen-
erators (for more information, see State Examples
on page 3-54).
Section 3.3. Determining the Air Quality Benefits of Clean Energy
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Power System Dispatch. Power plants in regional
electric systems are dispatched in order of increas-
ing costs or bids. Generally, the least expensive
power plants are dispatched first, and the more
expensive units are directed to operate in order of
cost when needed. This process is described on
page 3-50, How Is Electricity Dispatched?
Estimating dispatch is a critical and complex com-
ponent to estimating emission reductions. As new
methods are being demonstrated by states, new
opportunities for others to use or refine the suc-
cessful methods are created.
Energy Imports and Exports. One of the key com-
plexities in assessing emission reductions (either
via dispatch/planning models or historical emis-
sions analysis) lies in accounting for energy trans-
fers between control areas. A control area is a
geographic region in which most or all of the
power plants are dispatched by a single set of sys-
tem operators. Energy is commonly transferred
among control areas via major transmission inter-
faces. The magnitude and pattern of energy trans-
fers can affect the kind of emission reductions
that a clean energy resource will provide. For clean
energy resources located in control areas that do
not import or export significant amounts of ener-
gy, energy transfers can be ignored. However, in
control areas where significant amounts of energy
are transferred, addressing these transactions may
be an.important part of the emission reduction
calculations.
Load Pockets. Load pockets are places within a
control area where transmission constraints make
it difficult to meet peak electricity loads. In a load
pocket, older, less efficient generation often oper-
ates because physical constraints prevent delivery
of energy from newer units. Because a clean ener-
gy resource located within a load pocket will often
reduce the operation of such units, the clean ener-
gy project may have different emission impacts
than other resources. Additionally, clean energy
resources can reduce or delay the need for new
transmission and distribution equipment. For
example, for the Southwest Connecticut Clean
Demand Response Pilot Project, a clean distributed
generation overlay tool was envisioned to help
locate ideal placement of clean technologies. The
map would identify locations where technologies
or applications could be most effective at address-
ing reliability concerns within the load pocket. It
also would identify which areas would benefit
most from an air quality perspective. The too!
would examine the area's infrastructure, zoning,
and existing developments to find areas that could
be economically practical as well as technically
feasible (GE&TF 2002).
Designing an Effective Process
This section identifies several key issues that states
need to consider when quantifying emission reduc-
tions. These issues include participants, duration,'
evaluation, and interaction with federal policies.
When designing an effective process, it is important
to engage key participants, and match the purpose of
the quantification with the level of rigor and cost
associated with the quantification method.
Participants
• EPA. EPA is investigating several methods for esti-
mating emission reductions and is working with a
number of state agencies to test and compare
these methods.
EPA is working to assist states in defining poten-
tial emission reductions associated with the pro-
grams and policies outlined.in this Guide to Action
and to help states use the information to meet
their environmental and energy goals. EPA is
working to:
- Identify clean energy projects and programs
that may provide cost-effective emission reduc-
tions that states could capture.
- Review methods that states can use to quantify
emission reductions from clean energy and
move toward best practice standards.
- Provide states with guidance and assistance in
their efforts to incorporate clean energy into air
quality planning'and other state initiatives.
• DOE. In 2004, DOE's Office of Energy Efficiency
.and Renewable Energy initiated pilot projects to
Chapters. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATS PARTNERSHIP
help states quantify the emission reductions from
various clean energy programs to a level of rigor
that would satisfy inclusion in air quality planning
documents. These pilot projects provide the
resources of DOE's contractors and national labo-
ratories to assist states.
State Energy Offices. State energy offices are
involved in the design, implementation, and track-
ing of a variety of clean energy programs. They
often track the performance of energy efficiency
programs and renewable energy, and they are
often required to report on these programs to leg-
islatures. Information on emissions is an important.
component of energy program assessment Data
on emissions are also important to the long-term
energy plans many energy offices develop.
State Air Pollution Control Agencies. State air pol-
lution control agencies are working toward includ-
ing emission reductions from clean energy in air
pollution control plans. This process generally
starts with several case studies. State regulatory
agencies also work with EPA to establish methods
of quantifying emission reductions. Working with
state energy office staff provides the additional
expertise that may be needed for a successful
process.
State Utility Commissions, By involving utility
commissions, states ensure that data are available
for evaluating efficiency programs and the output
of renewable generators. Also, coordination
between utility commissions and air regulatory
agencies ensures that clean energy policies are
consistent with air quality regulations.
State Legislatures. Lawmakers in many states have
adopted clean energy programs as a way to
achieve multiple goals, including air quality
improvements: Based on information from utility
commissions, air regulatory agencies, and energy
offices, lawmakers have adopted clean energy
goals, such as RPSs and PBFs, designed specifically
to achieve air emission reductions.
Electricity Market Participants. Several market, par-
ticipants have an interest in quantifying emission
reductions from clean energy, including energy
service providers, renewable energy developers,
and end users. These participants often work with
state agencies to quantify and document emission
reductions from clean energy.
• Utilities. Utilities work with air and energy regula-
tory agencies to review the performance of clean
energy programs and to help design programs that
meet both energy and air quality goals. In particu-
lar, utilities have access to information on energy
generation and use that is critical to program
design and review.
• Other Researchers. Nonprofit organizations and
other groups are also evaluating how to quantify
emission reductions from clean energy. Groups
involved include the National Renewable Energy
Laboratory (NREL), World Resources Institute
(WRI), Lawrence Berkeley National Laboratory
(LBNL), the National Association of Regulatory
Utility Commissioners (NARUC), WRAP, and State
and Territorial Air Pollution Program
Administrators (STAPPA).
Timing and Duration
Electric power systems change over time. New plants
and transmission lines are added and old ones are
» • ,
retired. These changes affect system emissions. There
are two ways to address these changes when esti-
mating emission reductions from clean energy proj-
ects. First, emission reductions can be quantified for
the short term-say, three to five years-and then
updated as the power system changes. Second, states
and others can make long-term projections of emis-
sion reductions using assumptions about how the
power system is likely to change over time. Of
course, long-term projections will only be as good as
the assumptions'on which they are based, so it is
prudent to review these projections periodically and
revise them if market conditions diverge from impor-
tant assumptions.
Clean energy programs such as RPSs and PBFs also
include uncertainties. States quantifying the emis-
sion reductions from an RPS, for example, will
include an assumption about the technologies that
would generate the new renewable energy. Further,
policymakers may change the RPS after several years,
Section 3.3. Determining the Air Quality Benefits of Clean Energy
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
perhaps increasing or decreasing the target energy
levels. For both of these reasons, states periodically
review projections of emission reductions from clean
energy programs and make adjustments when neces-
sary.
Evaluation
States periodically evaluate their clean energy pro-
grams to ensure that predicted emission reductions
are being realized. For example, a state might
assume that an RPS will result in 100,000
megawatt-hours of new renewable energy genera-
tion each year. The state would then verify this
assumption once the data become available. To
accomplish this, states typically use established
measurement and verification techniques for clean
energy. Energy production is measured either at the
point of generation (gross generation) or at the con-
nection point to the electric grid (accounting for any
in-plant use). There are various standard protocols to
evaluate the performance of energy efficiency proj-
ects, including some that use customers' energy con-
sumption records.
Understanding the types of clean energy program
evaluations that will be needed helps a state deter-
mine the appropriate methods to perform both the
initial prospective estimates of emission reductions
and the retrospective evaluation of actual emission
reductions. For example, legislatively mandated poli-
cies may require more rigorous evaluation than vol-
untary efforts. Policies that address energy supply
may require different data to be collected and evalu-
ated than policies that address energy demand.
Considering the need for future evaluation ensures
that the initial estimates will be sufficient to provide
a basis for evaluation.
interaction wrth Federal Policies
Some states are working with EPA to include clean
energy as an emission reduction measure in a SIP.
EPA released several documents that address how to
accomplish this. These documents are: Guidance on
State Implementation Plan (SIP) Credits for Emission
Reductions from Electric-Sector Energy Efficiency and
Renewable Energy Measures and Incorporating
Emerging and Voluntary Measures in a State
Implementation Plan (for more information, see
Information Resources on page 3-60).
States quantifying emission reductions from energy
efficiency and renewable energy consider the effects
of any applicable cap and trade programs. Under
these programs, air regulatory agencies cap total
emissions within a region. Allowances are allocated
to generators. Generators may buy and sell
allowances, but they must hold one allowance for
each ton of pollution emitted. Typically, the level of
the cap declines over time to meet air quality objec-
tives; Subsequently, generators need.to adopt more
emission control strategies over time.
Because emission allowances can be traded in a cap
and trade area, it is important to consider two main
issues: how much clean energy is implicitly assumed
to occur in the design of the cap and trade program
and how many allowances need to be retired to
ensure the emission reductions from clean energy
programs actually occur and endure.
State Examples
The Texas Emission Reduction Piars
In 2001, the 77th Texas Legislature passed Senate
Sill 5 (S.B.5), the Texas Emissions Reduction Plan,
calling for energy efficiency and reduced electricity
consumption to help the state comply with U.S.
Clean Air Act standards. Forty-one urban and sur-
rounding counties were required to:
• Implement all cost-effective energy-efficiency
measures to reduce electric consumption by exist-
ing facilities.
• Adopt a goal of reducing electric consumption by
5°/o a year for five years, beginning January 1,
2002.
• Report annually to the State Energy Conservation
Office.
Chapter 3. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
PARTNEBJHIP
In 2002 and 2003, the Texas Commission on
Environmental Quality (TCEQ) revised SIPs for the
Houston-Galveston and Dallas-Ft. Worth areas. Early
energy savings and emission reductions estimates
relied on assumptions about the communities' level
of commitment to the 5°/o per year goal. Projects eli-
gible for inclusion in the SIP include efficiency and
renewable projects such as: building code upgrades,
energy efficiency retrofits, renewable energy installa-
tions, and green power purchases.
The TCEQ worked with EPA, ERCOT, and Texas A&M
University's Energy Systems Laboratory (ESL) to
develop a methodology for quantifying the NOX
emission reductions associated with energy savings
from clean energy projects. The methodology was
used to prepare emission reduction estimates for
each power plant in the ERCOT region. The groups
then submitted these estimates to relevant counties.
EPA's eGRID provided much of the data about elec-
tricity production, source, fuel mix, and emissions.
This information was used to estimate demand and
emission reductions in Texas (Haberl et al. 2003).
The purpose of the air emission reduction estimates
was to include the NOX emission reductions as dis-
crete emission reduction measures in the air quality
planning process for ground level ozone. The esti-
mate is a prospective analysis. The analytic approach
was based .on historic trends analysis of operational
data with modifications based on .future emission
controls, planned plant shutdowns and planned new
plants. The few imports and exports outside the
ERCOT were ignored. The historic trends analysis was
not able to accommodate explicit consideration of
load pockets. Ultimately, the Houston area reductions
were not included in the SIP due to a local cap and
trade program.
Web site:
hS1p://*ww
m 3 r2.003 d f w Jit rn : '/ re v&i on
In 1996, the Grand Canyon Visibility Transport
Commission (GCvTC) issued a report saying states .
that contribute to regional haze in the West should
incorporate 10% renewable energy into their
resource mix by 2005 and 20% by 2015.
In 1997, western states and tribes established WRAP
to help implement the GCVTC's recommendations. In
1999, EPA's Regional Haze Rule required nine west-
ern states to prepare SIPs addressing regional haze.
The rule specifically allowed those states to develop
and implement regional approaches to improve visi-
bility. Five states in the Transport Region (Arizona,
New Mexico, Oregon; Utah, and Wyoming) chose to
implement this regional approach and submitted
their SIPs in December 2003.
As part of its SIP, each state lists policies and pro-
grams at the regional and state level that will help
achieve the 10 and 20°/o goals (often indicated as the
10/20 goals). These programs include RPSs, PBFs,
renewable energy purchases, net metering (when
excess electricity produced by an electricity customer
will spin the electricity meter backwards), green
power marketing, as well as tax credits and other
financial incentives. In addition, states may pursue
clean energy initiatives that are not included in the
SIP submissions.
The Air Pollution Prevention forum of WRAP commis-
sioned a detailed study of the impacts of policies
that achieve the 10/20 goals. When both the 10/20
goals and the energy efficiency recommendations are
implemented, NOX emissions are expected to be
reduced by about 14,000 tons in 2018 (see Figure
3.3.4), and carbon dioxide (CO,) emissions by some
56 million metric tons (MMTC02e). These impacts
represent about a 2°/o reduction of NO, emissions
and about a 14% reduction of C02 emissions. The net
avoided cost savings is expected to increase to about
$1.8 billion in 2018. Annual electricity production
costs through 2022 wiil be reduced by about $751
million.
Section 3-3. Determining the Air Quality Benefits of Clean Energy
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
i Estimated NO. Reduces front &sergy Analyzing Efficiency Programs in
10/20 Goals
Energy Effic
E3 Energy Efficiency +-10/20 Goats
2005
2010
2015
2018
Although energy efficiency and renewable energy
reduce conventional electric generation require-
ments, they do not necessarily yield S02 reductions.
In this case, the regional S02 cap and trade program
was assumed to be in effect. As such, the renewable
energy and energy efficiency was projected to reduce
the cost of complying with the cap and trade pro-
gram and reduce allowance prices rather than reduce
emissions significantly. In this context, increasing the
use of EE/RE reduces the costs of complying with the
S02 milestones in the Annex to the Regional Haze
Rule developed by WRAP (APPF 2002 and WRAP
2003).
The purpose of the air emission reduction estimates
was to determine the how much the GCVTC's recom-
mendations would help the region achieve its region-
al haze goals. The estimates are a prospective analy-
sis. The analytic approach was based on a planning
model. Imports and exports within the western grid
were considered. The large regional planning model
analysis was not able to accommodate explicit con-
sideration of load pockets. Cap and trade program
analysis was an integral part of the planning model.
Web site:
wvvvv.wfapair.org/forurris/-jp2/
The Wisconsin Department of Administration (DOA)
recently funded an analysis of .the emission impacts
of the state's energy efficiency programs.
Recognizing that efficiency programs have multiple
impacts (i.e., energy savings, demand reductions, and
emission reductions),'the DOA wanted to obtain bet-
ter information about how programs could be target-
ed toward certain objectives.
To analyze how efficiency programs affected air
emissions, the evaluation team used EPA continuous
emission monitoring data on historical plant opera-
tions and emissions to estimate which generating
plants were "on the margin" during different time
periods. These are the plants scheduled to become
operational next—when the'less expensive plants are
running at full capacity.
In this case, the DOA identified the units "on the
margin" for given hours. These units are important in
calculations because they are the units that are dis-
placed by energy efficiency or clean energy.
The DOA developed emissions factors for the margin-
al generating units for different time periods (e.g.,
peak and off-peak hours during winter and summer).
The DOA then used these factors to analyze the
effects of different energy efficiency programs.
The study found that the marginal units' emission
rates tend to be higher during off-peak hours than
on-peak hours, particularly winter off-peak hours
(see Figure 3.3.5). This suggests that energy savings
in off-peak hours produce the largest emissions sav-
ings in Wisconsin (Erickson et a I. 2004). This is valu-
able information, given that savings during peak
hours are considered to be most valuable to the •
power system (because peak savings reduce demand
during high-demand periods). With this information,
policymakers are better able to refine the state's effi-
ciency programs to meet different objectives as the
power system evolves.
Chapter3. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Figure 3 JJ: Marginal Emission Batss in Wisconsin
Pounds
/MWh
Season end
How
Ynrfy
,.tawi.F».»}i,5j;wwrt(>.,.
Winter Peak
Winter Off-peak
Summer Peak
Summer Off-peak
NO,
5.7
5.9
6,8
4.6 •
5.4
SO,
-Jf*
- 13.9
14.5
9.8
11.1
C02
2.215
2.027
2.287
1.788
2.233
Pound!
/OWh
Mercury
0.0489
0.0427 .
0.0536
0.034S
0,0524
Percent of VeeriyVihie
NO,
104%
102%
31%
95%
SO,
114%
119%
80%
91%
CO,
91%
103»
81%
101%
Mercury
87%
110%
71%
107%
.Nerraw Reek Scenario
Winter Peak
Winter Off-peak
Summer Peak
Summer Off-peak
5.1
2,9
5.4
n.o
6.0
11.2
No Winter Peak Hours
2.078 0.0461 39%
1.476 0.0181 51%
2.073 0.0431 95%
90%
49%
92%
94%
67%
94%
94%
37%
88%
The purpose of this analysis was to update emission
reduction factors being used to evaluate the PBF
program in Wisconsin. The analytic approach as a
load-duration curve dispatch model. The estimates
are a retrospective analysis. The analysis includes
consideration of dispatch within the Mid-Atlantic
Interconnected Network (MAIN) and Midwest
Reliability Organization (MRO) (previously named
Mid-Continent Area Power Pool [MAPP]) NERC
regions (see Figure 3.3.1 on page 3-50). The model
did not explicitly define load pockets. The affect of
cap and trade systems was not included in the emis-
sion reduction estimates.
Web site:
Louisiana
As part of its SIP revision under sections 110 and 116
of the Clean Air Act and in support of control meas-
ures for the purpose of attaining and maintaining
the 8-hour ozone standard, the Louisiana
Department of Environmental Quality (DEQ) submit-
ted an Early Action Compact SIP for the Shreveport
area to EPA on December 28, 2004. The SIP included
the emission reductions expected to be achieved
from performance contracting at particular municipal
buildings in Shreveport. The performance contract is
expected to save the city 9,121 mega watt -hours
(MWh) of electricity per year and achieve NOX emis-
sion reductions of 0.041 tons per ozone season-day.
The city arrived at this figure after employing several
different methods of determining the emissions
avoided through its programs (Chambers et al. 2005).
EPA Region 6 published proposed approval of this SIP
revision in the Federal Register at 70 FR 25000, May
12, 2005, and published final approval.at 70 FR
48880, August 22, 2005.
The purpose of this emission reduction analysis was
to include the emission reductions within its SIR The
analytic approach was a comparison of results from
an economic dispatch model and two historic trends
analysis. The analysis is retrospective (year 2000).
The economic dispatch analysis included considera-
tion of dispatch within two power control areas that
provide electricity in the Shreveport area. The model
did not explicitly define load pockets. The affect of
cap and trade systems was not included in the emis-
sion reduction estimates.
Wind Power Purchase in Montgomery
County, Maryland
Montgomery County, Maryland, committed to pur-
chase 5°/o of its municipal electricity from wind
power through Renewable Energy Credits (RECs). It
incorporated the emission reductions for ground-
level ozone in the SIP for the Washington D.C. met-
ropolitan area.
The county made the business case for purchasing
the renewable energy by demonstrating that the
energy savings realized by very low cost energy effi-
ciency measures would offset the incremental cost of
the renewable energy purchase. The county also
demonstrated that the emission reductions from the
renewable energy purchase were less expensive on a
dollar per ton basis than other measures.
The expected emission reduction for the 30,000
MWh per year of renewable energy is estimated to
be 0.05 tons of NO, per day during the ozone season.
To arrive at this estimate, the county employed a dis-
patch model covering the electricity grid in the west-
ern part of PJM, which is the regional transmission
organization that coordinates the dispatch of whole-
sale electricity in the region.
> Section 3.3. Determining the Air Quality Benefits of Clean Energy
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
(Inn En«rsySi:«."ifl:ji«s«
«T*rE PARTNERSHIP
As mentioned previously, the state of Maryland com-
mitted to retire the NO, allowances associated -with
the claimed emission reductions (i.e., to permanently
remove the allowances from the market and prevent
their use). This is how the county met the require-
ments of the SIP measure (MWCOG 2004). EPA
Region 3 published final approval of this revision to
the SIP in the Federal Register (70 FR 24987, May 12,
2005).
The purpose of this quantification procedure was to
provide NO, emission reduction figures to be used in
the Washington, D.C. SIP. The analytic approach was
based on an economic dispatch model. The analysis
is prospective. The economic dispatch analysis
included consideration of dispatch within the power
control area of the region. The model did not explic-
itly define load pockets. Although cap and trade sys-
tems were not included in the emission reduction
estimates, the retirement of emission allowances
equivalent to the estimated emission reductions were
included in the SIP.
Web site:
htlp;//v,
-------
EPA Clean Energy-Environment Guide to Action (Prepiiblication Version)
Clran E
STATE PARTNERSHIP
Prognm Toward Stsfe Sosis. New York and New
Jersey have both adopted goals for greenhouse gas reductions,
as have groups of states in New England and on the West
Coast
New Jersey Department of Environmental Protection (DEP),
New Jersey Sustainability Greenhouse Gas Action Plan, April
2000. http://www.state.nj.us/dep/dsr/gcc/gcc.htm
New York State Energy Plan, 2002 (http://www.nyserda.org)
New England Governors and Eastern Canadian Premiers
(NEG/ECP): Climate Change Action Plan: 2001, August, 2001.
COS Qffssi Bsquirsrosots, Massachusetts and New Hampshire
require large, fossil-fueled power plants to offset a portion of
their COZ emissions. Massachusetts, Oregon, and Washington
require new power plants to offset emissions.
MA DEP, Emission Standards for Power Plants {310 CMR 7.29)
New Hampshire Clean Power Act (\\& 284) approved May,
2002 '
Oregon Climate Trust, at http://www.climatetrust.org
CO* Adders hi Bssoiffc* Planning. The California Public Utility
Commission (CPUC) has developed an "imputed" cost for green-
house gas emissions for use in utility planning. In addition, sev-
eral utilities (PG&E, Avista, Portland General Electric, Xcel,
Idaho Power, and PacifiCorp) have voluntarily used C02 cost
adders in resource planning.
CPUC, Decision 04-12-048, December 16,2004.
httpV/www.cpuc.ca.gov/PUBLISHED/AGENDA_DECI-
Sl ON/42314.HTM
stktf) Efforts. Many companies have begun
tracking their annual greenhouse gas emissions and taking
steps to reduce emissions. These companies are using a variety
of methods for calculating emission reductions.
EPA's Climate Leaders program offers inventory guidance for
companies that voluntarily participate in the program: .
http://www.epa.gov/climateleaders/
Information on these efforts and tracking protocols used is
available from the Greenhouse Gas Protocol Initiative at:
http://www.ghgprotocol.org
Information in voluntary efforts in California is available from
the California Climate Action Registry at:
httprfwww.climateregistry.org
What States Can Do
To begin capturing the benefits of clean energy pro-
grams, states can identify ways to use emission
reduction data, quantify emission reductions, identify
programs and policies that provide reductions, and
document reduction estimates.
Action Steps for States
• Begin Identifying Ways to Use the Air Emission
Reductions that Result from Clean Energy
Programs. Emission reduction data can be included
in air quality plans and used in evaluating existing
clean energy programs, developing new clean
energy programs, and preparing reports to legisla-
tures and the public. These different uses may
require different quantification and documenta-
tion methods; thus, it is important to identify pos-
sible uses before developing emission reduction
data.
Identify Clean Energy Programs that May Provide
Emission Reductions. Many states have a range of
clean energy policies (e.g., energy efficiency goals,
RPSs, PBFs, and appliance standards) that may
result in emission reductions. Other programs may
also provide emission reductions. These include
enhanced building codes, green power purchases,
net metering, tax incentives, and other financial
incentives. The information resources on page
3-60 present data on clean energy programs that
states have focused on to date.
Section 3.3. Determining the Air Quality Benefits of Clean Energy
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
Quantify Emission Reductions from Clean Energy
Projects and Programs. States can use a number of
methods to quantify emission reductions from
clean energy, including simple approaches that are
based on estimates of average fossil generation
emission rates. More resource-intensive approach-
es are based on system dispatch modeling. The
previous section on quantifying emission reduc-
tions provides a general overview of the key issues
involved in quantification. The information
resources provided below document a number of
quantification efforts. States can talk with EPA to
help identify the appropriate methods. As dis-
cussed, the proper quantification method and doc-
umentation requirements will vary, depending on
the purpose of the effort.
Document Emission Reduction Estimates.
Documenting emission reduction estimates in as
much detail as possible is an important step.
When developing emission reduction estimates for
an air quality plan, contact EPA early in the
process to discuss methods and documentation
requirements (see EPA's Incorporating Emerging
and Voluntary Measures in a State Implementation
Plan [EPA 2004] for guidance). States are encour-
aged to seek information from other states and
disseminate emission reduction studies widely to
facilitate the movement toward standardized best
practices. Documenting and publishing reports on
emission reduction quantification efforts is one
way to advance the art of quantification methods.
Information Resources
The resources cited as follows provide more information about methods of quantifying emission reductions and
the types of programs states are targeting.
EPA Guidance
Irapismentstsen Pfen (S!PJ Credits for Emsssba RsductJons from
E&etrit>Sseter Swrgy Efffeisrsoy end Renewable Ensrgy Mmure*. EPA Office
Air and Radiation, August 2004. In this document, EPA provides detailed information
on quantifying emission reductions from electric-sector programs.
SfSGoqsQfsSrig Bmirpjg sfid Vstetary MSSSBTOS in s S&ts impiwrontttisB ?ian.
EPA Office of Air and Radiation, September 2004. In this guidance document, EPA
lays out a basic methodology for approving nontraditional measures in a SIP through j::
notice-and-comment rulemaking. i::
&3Srgy Tsehfisios&S. EPA Concept Paper, August 26,2004. This paper describes a
DOE/EPA initiative pilot initiative demonstrating how states can use energy efficien-
cy and renewable energy technologies to improve air quality while addressing ener-
gy goals.
foeQfjtofstiRg Bundled Emissions Rsdue&jn fcfisasiires in a Stats Irrtplsrwn&tsan
Plan. August 2005. This guidance document describes how States can Identify indi- .,
vidual voluntary and emerging measures and 'bundle" them in a single SIP submis- • is
sion. For SIP evaluation purposes, EPA considers the performance of the entire bun- |
die (the sum of the emission reductions from all the measures in thebundle}, not the
effectiveness of any individual measure.
Chapter 3. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Information About States
Chambers, A. et. al. NREL, revised July 2005, NREl/TP-710-37721. This report
describes three methods for estimating emission reductions from electric-sector
programs and provides a quantitative comparison of the methods.
Estirasiffig Seasons! and Peak EfiyiromnsRts! Emissios Fsctcre-FinsS Raport
Prepared by PA Governmental Services for the Wisconsin DOA, May 2004. This
report summarizes work done in Wisconsin to evaluate the air emissions avoided by l^^ii^i^gH^^ jSyij^^iS;^--^^^^^^)
energy efficiency programs.
. Prepared by the
Resource Systems Group, Inc. for Clipper Wind Power under contract with
Environmental Resources Trust, April 2003. This report quantifies the air emissions
reduced by the operation of a wind plant located in the Mid-Atlantic United States.
BsEiswabiis £n»r§y stsd Energy EfSci«n«y as Poiiutisfl PrwsttSoa SJreisg&s fas1
BsgRm*) Hsss. Prepared by the air pollution prevention forum for the Western
Regional Air Partnership, April 2003. This report summarizes the renewable energy :.-J:K'V?K^::£«.V-:XK;B•XVK::::;^;;™;?;:^?.;':^;;^**:-::*
and energy efficiency goals adopted in several western states and projects the :--:---:-^--f ::^:>:~~:••.•.!•.;.;•..:•-:::••:";• ::••:••::-::•:.•::•::•::-~-^•-)
emission reductions that would result from the attainment of the goals.
Bsnsra! Articles About Quantifying Emission deductions
» NS»OOl Marginal Em&sisR Rst8 Analysis. Prepared for the NEPOOL
Environmental Planning Committee, December 2004. ISO New England performs sys
tem modeling each year to estimate system marginal emission rates.
r Assessing Air Po8irta«t Smisalon
Efffessnsy srssf Class £nsrgy. Global Environment & Technology Foundation, January
31,2005. This report presents a comparison of emission modeling tools that are cur- KH^^yiSi^® H^ih^^^pi^^i™;!:*^^!
rentiyunderdevelopment. 1:; x; •' ;i i;i; # 5 •:; \-s :X; $£}. I-' P ;';i;'; x ^ * *?£. ;•::«S y ~;?«% '••'. F.
Esteimg Carbsn Etnissbsss Avoided by Eteetricit? GsnsratsoEs and EiSsi^nsy
Pfojstts; AStedardissti Ms^od (MASPV
This report describes a spreadsheet mod
reductions from electric-sector programs.
of PhstwvoteisPower Syssism*.
Prepared for EPA's Air Pollution Prevention and Control Division by Connors, S. et. al. |^|^^|^^|T|^xi.rj|^^|fex^?i::!:i»ij::.
This nanpr laws nut a mpthnri nf R^timatinn Rmissinn<; auniHo.ri hv smalt PV svstems i'i/±i;::ji":™:i^:^™i-*:UV?i:.'i':ilSltl£;jfJi;;«?::<.^?1.?1
This paper lays out a method of estimating emissions avoided by small PV systems
based on the analysis of historical emissions data.
Section 3.3. Detennining the Air Quality Benefits of Clean Energy
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
QIC Emsssisa Reduction Workbook 2.1, Novsmbsr 12, 2N£ The
OTC developed a spreadsheet tool, based on system dispatch
modeling, for assessing emission reductions from EE/RE in the
northeastern United States.
eCalc tool was developed to assess emission reduc-
tions from energy efficiency in Texas.
Soargy S-ffisk'ney/HiJrtswbte gnorgy impset!« Tha T*xas
Missions tes&efen Pian {TO3P). The Energy Systems Lab con-
ducts this annual report of the energy savings and NOX reduc-
tions resulting from the statewide adoption of the Texas Building
Energy Performance Standards and from energy code compli-
ance in new residential construction in 41 Texas counties.
G!ss?t AST snei Slisnste Protection Solts^fs (CACPS), The State
and Territorial Air Pollution Program Administrators and the
Association of Local Air Pollution Control Officials
(STAPPA/ALAPCO) have developed a software tool designed for
use in creating emission reduction plans targeting greenhouse
gas emissions and air pollution.
Ptswer Sys&flt f&pttteh Msdeis, Models that can be used to
assess displaced emissions include:
• GE MAPPSIGE Strategic Energy Consulting)
• IPM (ICF Consulting)
• NEMS (U.S. Energy Information Administration)
* PROSYM (Global Energy Decisions)
Chapter 3. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
ClMD
References
APPR 2002. Final Draft Report on Energy Efficiency and Renewable Energy. Prepared t:?^p^3p^r^i^%|^^^^:^^
by the Air Pollution Prevention Forum for WRAP. December . [fhfr^^.^i^^i^.^?;?:t^?ii^.K^HH^«H^PJ!
Chambers, A., D.M. Kline, L Vimmerstedt, A. Diem, D. Dismukes, and D.
|!i p j£$«v^^
Mesyanzhinov. 2005. Comparison of Methods for Estimating the NOX Emission £;;;li:^!;!y:^
Impacts of Energy Efficiency and Renewable Energy Projects: Shreveport, Louisiana WJ/M^:My^M^^^:^S^^^^^M
Case Study. NREL/TP-710-37721.. Revised July 2005. NREL. l^Pil^lii^lli^^lPlililll
EPA. 2004. Incorporating Emerging and Voluntary Measures in a State
Implementation Plan. EPA's Office of Air and Radiation. September.
EPA. 2005. eGRID-Emissions and Generation Resource Integrated Database Web
site. Accessed July 2005.
Erickson, J., C. Best D. Sumi, B. Ward, B. Zent, and K. Hausker. 2004. Estimating
GE&TF. 2002. Southwestern Connecticut Clean Demand Response Pilot Project,
Phase I Report Prepared for the OTC by the Global Environment & Technology
Foundation. November.
Haberl, J., C. Culp, B. Yazdani, I Fitzpatrick, J. Bryant, and 0. Turner. 2003. Energy
Efficiency/Renewable Energy Impact in the
Volume /-Summary Report Annual Report to TCEQ, September 2003- August 2004
ESL-TR-Q4/12-01. ESL
ISO New England. 2004.2003 NEPOOL Marginal Emission Rate Analysis. Prepared for ^M^^^^S8«t!^5i^^^^Uj^'tvSf.{='"x;.i:!
the NEPOOL Environmental Planning Committee. December. P^[^[^^M^^1^-^*'!lP-^5^*s^iOi.p;i
Keith, G., 0. White, and B. Biewald. 2001 The OTC Emission Reduction Workbook 2.1
Description and Users' Manual. Volume 2.1. Prepared for the OTC by Synapse
Energy Economics, Inc. November 12.
Keith, Geoff. 2005. Methods for Estimating Emissions Avoided by Renewable Energy ^^^^^^^'^2f&^xj^.^^
and Energy Efficiency. Prepared for EPA's State and Local Programs. Capacity ^^^^^f^Wl-S^ff^sii^l^J?:^!]^:!
* '
MWCOG. 2004. Plan to Improve Air Quality in the Washington, D.C-MD-VA Region.
Appendix J. Metropolitan Washington Air Quality Committee. February 9.
:
NERC. 2005. Regional Reliability Councils. North American Electric Reliability Council y^'j&/$i^?ij**&^
Web site. Accessed July 2005!
OTC. 2002. Emission Reduction Workbook 2.1, November 12,2002. OTC. November 12 ^j^S^ww^tp^^
Synapse Energy Economics. Date unknown. Unpublished emissions data, Synapse tJ.y^fef«i!iJ^i{S»!'&^^
Energy Economics, Inc., Cambridge, MA.
WRAP. 2003. Renewable Energy and Energy Efficiency as Pollution Prevention
Strategies for Regional Haze. Prepared by the Air Pollution Prevention Forum for
WRAP. April.
Section 3.3. Determining the Air Quality Benefits of Clean Energy
-------
•y
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
'
3.4 Funding and Incentives
Policy Description and Objective
States are achieving significant energy and.cost sav-
ings through well-designed, targeted funding and
incentives for clean energy technologies and services.
Key types of financial incentives programs states
offer include:
• Loans
• Tax incentives
• Grants, buy-downs, and generation incentives
• Nitrogen oxide (NOX) set-asides
• Energy performance contracting
• SEPs
States have achieved additional savings by coordi-
nating financial incentives with other state programs
and by leveraging utility-based clean energy pro-
grams.
Over the past three decades, states have diversified
their programs from grants or loans into a broader
set of programs targeted at specific markets and
customer groups. This diversification has led to port-
folios of programs with greater sectoral coverage, a
wider array of partnerships ^ith businesses and com-
munity groups, and overall reduced risk associated
with programmatic investments, in energy efficiency
and clean supply options.
Objective
State-provided funding and incentives meet the pub-
lic purpose objectives of supporting technologies and
products that are new to the market and encourag-
ing and stimulating private sector investment.
Funding and incentives can also reduce market barri-
ers by subsidizing higher "first costs," increasing con-
sumer awareness (the programs are often accompa-
nied by education campaigns and the active promo-
tion of products to help achieve a state's energy effi-
States have developed a range of targeted
funding and incentives strategies that are
bringing dean energy to the market plate,
including loans, tax incentives, grants, buy-
downs, performance contracting, set-asides
for energy efficiency/renewable energy
(EE/RE), and supplemental environmental
projects (SEPs), These programs help gov-
ernments, businesses, and consumers invest
in a lower cost, cleaner energy system.
ciency goals), and encourage or "jump-start" private
sector investment.
States provide funding and incentives through a
combination of sources (i.e., state and federal funds,
utility programs, and ratepayers),'to support a broad
range of cost-effective clean energy technologies,
including energy efficiency, renewable energy, and
combined heat and power (CHP). State funding and
incentive programs, some of which are self-sustain-
ing (e.g., revolving loan funds), deliver energy and
cost savings for governments, businesses, and con-
sumers. Program results vary depending on the con-
figuration of funding and incentives used by each
state. In Texas, the revolving loan fund has resulted
in $152 million in savings since 1989 on an invest-
ment of $123 million (DOE 2005). In Oregon, more
than 12,000 tax credits worth $243 million have
been issued since 1980, which save or generate
energy worth about $215 million per year (Oregon
DOE 2005b).
Providing funding and incentives for clean energy
can offer the following environmental, energy, and
economic benefits:
• Reduces energy costs by supporting cost-effective
energy efficiency improvements and onsite gener-
ation projects.
• Ensures that clean energy is delivered, specifies
which technologies are used, and offers incentives
to install technologies. Providing funding and
Chapters. State Planning and Incentive Structures
-------
•
\ \ " - Y •
EPA Clean Energy-Environment Guide to Action (Prepublication Version) ^tf^KS
\
STATE PAHTHEBtHIP
incentives also accelerates the adoption of clean
energy technologies by improving the project eco-
nomics and offsets market, institutional, or regula-
tory barriers until those barriers can be removed.
• Establishes a clean energy technology or project
development infrastructure to continue stimulat-
ing the market after the incentives are no longer
in effect
• Leverages federal incentives and stimulates private
sector investment by further improving the eco-
nomic attractiveness of clean energy. A small
investment may lead to broad support and adop-
tion of a clean energy technology or process.
• Stimulates clean energy businesses and job cre-
ation within the state.
• Supports environmental protection objectives, such
as improving air quality.
with Ponding and Incentive
States offer a diverse portfolio of financing and
incentive approaches that are designed to address
specific financing challenges and barriers and help
specific markets and customer groups invest in clean
energy. These programs include:
• Revolving loan funds
• Energy performance contracting
• Tax incentives
• Grants, rebates, and generation incentives
• NO, set-asides for energy efficiency and renewable
energy projects
• SEPs
Revolving Loan Funds
Revolving loan funds provide low-interest loans for
energy efficiency improvements, renewable energy,
and distributed generation (OG). Seven states cur-
rently operate a total of seven revolving loan pro-
grams that support energy efficiency, and 25 states
Trte Texas toanSTAR program '
iow-itrtefest loans to finance energy eenservaticn
retrofits in state public facilities, Leans are repaid in
tour years sr iess, depending on sxpected energy sav- -
ings, ttons are often repaid ssiag cost savings frwn
reduced energy e&sts. tWgy savings ate v&ftted l?y '
fcencfimarked inecgy use before retrofits are installed,
followed by monthly energy use analysis for each
feuifdiflg. ' ' ,
have a total of 51 loan programs (including programs
administered by the state, local government agen-
cies, and utilities) that support clean generation
(DSIRE 2005a and DSIRE 2006).
The funds are designed to be self-supporting. States
create a pool of capital when the program is
launched. This capital then "revolves" over a multi-
year period, as payments from borrowers are
returned to the capital pool and are subsequently
lent anew to other borrowers. Revolving funds can
grow in size over time, depending on the interest
rate that is used for repayment and the administra-
tive costs of the program.
Revolving loan funds can be created from several
sources, including public benefits funds (PBFs), utility
program funds, state general revenues, or federal
funding sources. The largest state energy efficiency
revolving fund, the Texas LoanSTAR program, pro-
vides loans for energy efficiency projects in state
public facilities. The fund is based on a one-time
capital investment of $98 million from federal oil
overcharge restitution funds and is funded at a mini-
mum of $95 million annually. Loan funds are typical-
ly created by state legislatures and administered by
state energy offices.
States have used revolving funds primarily for effi-
ciency investments in publicly owned buildings or for
facilities with a clear public purpose that are appro-
priate for any type of borrower. To contribute to
Section 3.4. Funding and Incentives
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
Fiprs 8.41: Ststss v»H& Revolving Loan Funds for Renswabia Energy
As of January 2006
Stats and utility/local programs
Utility or local programs
state energy goals and be self-sustaining, states
establish revolving funds that are either well-capital-
ized (e.g., large enough to meet a significant portion
of the market need) or long-term (e.g.( to allow
funds to fully recycle.and be re-loaned to a sizable
number of borrowers). Ideally, revolving loan funds
are both well-capitalized and long-term; however, it
can be difficult to assemble the large pool of capital
required to achieve both of these elements. In order
to maintain a large pool of capital, it is important for
states to consider several tradeoffs, including, for
example, determining the balance between private
and public sector loans, and between short-term and
long-term loans. Additionally, if a fund holds only a
few loans made to very similar types of commercial
and industrial borrowers, it may be highly exposed to
default; a fund with many diverse loans spreads the
risks.
Energy Performance Contracting
Energy performance contracting allows the public
sector to contract with private energy service com-
panies (ESCOs) to provide building owners with ener-
gy-related efficiency improvements that are guaran-
teed to save more than they will cost over the course
of the contracting period. ESCOs provide energy
auditing, engineering design, general contracting,
and installation services. They help arrange project
financing and guarantee that the savings will be suf-
ficient to pay for the project, where necessary, over
the financing term (EPA 2004). (See Section 3.1, Lead
by Example, for more information.) The contracts are
privately funded and do not involve state funding or
financial incentives. They have been used extensively
by federal, state, and local facilities to reduce utility
and operating costs and to help meet environmental
and energy efficiency goals. These energy efficiency
improvement projects can include the use of CHP.
Twenty states have implemented performance con-
tracting activities (ESC 2005), primarily through leg-
islation. With the help of ESCOs, which provide ener-
gy efficiency expertise for project implementation,
many facilities have experienced energy savings of
to 40% or more.
Chapters. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Cliu E
STATE PARTNERSHIP
Tax Incentives
State tax incentives for energy efficiency, renewable
energy, and CHP take the form of personal or corpo-
rate income tax credits, tax reductions or exemptions
(e.g., sales tax exemptions on energy-efficient appli-
ances, such as the "sales tax holidays" offered by
some states), and tax deductions (e.g., for construc-
tion programs). Tax incentives aim to spur innovation
by the private sector by developing more energy-effi-
cient technologies and practices and increasing con-
sumer choice of energy-efficient products and serv-
ices (Brown et a I. 2002). Thirty-eight states currently
have tax incentive programs for renewable energy
(DSIRE2005a).
State tax incentives for renewable energy are a fairly
common policy tool. While state tax incentives tend
to be smaller in magnitude than federal tax incen-
tives, they are often additive and can become signifi-
cant considerations when making purchase and
investment decisions. The most common types of
state tax incentives are (1) credits on persona! or
corporate income tax, and (2) exemptions from sales
tax. excise tax, and property tax. In addition, some
states have established production tax credits. For
example, New Mexico offers a $0.01 per kilowatt-
hour (kWh) production tax credit for solar, wind, and
biomass that can be taken along with the Federal
Production Tax Credit (PTC). Because different tax
incentives are suitable to different taxpayers' cir-
cumstances, states may want to consider using a
range of tax incentives to match these circum-
stances. For example, property tax exemptions might
be more attractive for large wind projects, while
homeowners might prefer to claim an income tax
credit for the purchase of a solar photovoltaic (PV)
system.
Several states provide tax incentives for CHP, includ-
ing Connecticut, Idaho, Iowa, Nevada, New Mexico,
North Carolina, Oregon, South Dakota, and Utah. The
majority of these states also provide property tax
credits that apply to renewable energy and CHP sys-
tems (e.g., Connecticut, Iowa, Nevada, North
Carolina, Oregon, and South Dakota). Idaho offers a
sales tax rebate on CHP equipment. New Mexico and
The Oregon Bepartrosnt at Energy offers the Business
Tax. Credft (BETE} and Resifoatiat Energy Tax '
C?to 'Of>m businesses and restrfems that
equipment, recycling, renewable energy resources,
sustainable buildings, anil transportation (e.g., alterna-
tive f EI eis and &yia rid ve HicJas^ Through 2004, more
ttiart 12,000 0«g
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Rgurs 3.42: States with Srsrst Programs for Renewable i
As of January 2008
0
!• State offers at least one grant program
Private, utility, and/or local program
additional private sector investment. (For information
about grants, buy-downs, and generation incentives
funded through PBFs, see Section 4,2, Public Benefits
Funds for Energy Efficiency and Section 5.2, Public
Benefits Funds for State Clean Energy Supply
Programs.)
Grants, With respect to renewable energy, state
grants cover a broad range of activities and frequent-
ly address issues beyond system installation costs. To
stimulate market activity, state grants cover research
and development, business and infrastructure devel-
opment, system demonstration, feasibility studies, and
system rebates. Grants can be given alone or lever-
aged by requiring recipients to match the grant or to
repay it. Grants can also be bundled with other
incentives, such as low-interest loans. Grant programs
promoting renewable energy technologies are admin-
istered by states, nonprofit organizations, and/or pri-
vate utilities in 28 states (DSIRE 2005a).
State-appointed agencies are also finding ways to
use limited funding for grants. For example:
Massachusetts uses grant funding to stimulate
residential green power purchases. For every dollar
a residential green power purchaser spends on the
incremental cost of green power, the state grants
up to one dollar to the resident's local government
for use in renewable energy projects and up to one
dollar for renewabfe'energy projects that serve
low-income residents throughout the state.
Renewable energy grants can range from tens of
thousands to millions of dollars. In New Jersey, for
example, the Renewable Energy and Economic
Development program is funded at $5 million,
from which it provides grants ranging from
$50,000 to $500,000 for market development
activities.
Pennsylvania's Energy Harvest (NOX) program pro-
vides $5 million annually for clean and renewable
energy projects. Since its inception in May 2003,
the Pennsylvania Energy Harvest Grant Program
has awarded $15.9 million for 34 advanced or
renewable energy projects, and leveraged another
$43.7 million in private funds. (PA DEP 2005). The
Chapter 3. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version) '
34 Energy Harvest projects will produce or con-
serve the equivalent of 37,800 megawatts per
hour a year (enough to power 5,000 homes) and
will avoid 85,000 pounds of nitrogen oxide NOX,
131,000 pounds of sulfur dioxide (S02), 2,700
pounds of carbon monoxide (CO), and 10 million
pounds of carbon dioxide (C02) (PA DEP 2005).
Many programs also include grants for energy effi-
ciency investment (and in some cases in-kind contri-
butions such as direct installation of equipment or
trade-in programs). Typically, the consumer does not
directly invest in these programs. In California, the
city of San Francisco's Peak Energy Program (SFPEP)
provides funding for torchiere trade-in programs,
multi-family direct installation of hard- wired com-
pact fluorescent lighting (CFL) fixtures, and free
replacement of refrigerator gaskets at grocery stores.
Some states award financial grants directly. For
example, the Oregon Energy Trust provides incentives
of up to $10,000 for homeowners and $35,000 for
businesses for the purchase of rooftop PV systems.
Rebates (buy-downs). Rebates, also called buy-
downs, are provided by the state to the end-user and
are a common form of state financial incentive.
Typically, rebates are funded by utility customers and
administered by utilities, state agencies, or other
parties, with oversight from public utility commis-
sions (PUCs) or other state agencies.? Many states
support their rebate programs through PBFs (see
Section 4.2, Public Benefits Funds for Energy
Efficiency and Section 5.2, Public Benefits Funds for
State Clean Energy Supply Programs).
Rebate levels vary by technology and state. Twenty-
two states administer renewable energy rebate pro-
grams or have utility- or locally administered rebate
programs in the state (DSIRE 2005b). In addition to
rebates for renewable energy, states also offer rebates
for a wide range of energy efficiency measures,
including lighting, refrigeration, air conditioning, agri-
cultural, and gas technologies. About 20 states con-
duct energy efficiency programs, and most of these
states offer rebates or similar kinds of incentives.
States frequently provide rebates for solar PV, but
rebates are also provided for other technologies, such
as wind, biomass, and solar thermal hot water. In
general, rebates are provided on a per-watt basis,
with the total rebate amount expressed either as
maximum dollar amount or a maximum percentage
of total system cost. In New York, the New York
State Energy Research and Development Authority
(NYSERDA) provides a $4.00 to $4.50 per watt rebate
for solar PV and will cover up to 60% of the system's
total installed cost. In California, the Emerging
Renewables Program provides rebates for systems up
to 30 kilowatts (kW). Rebates are $2.80 per watt for
PV systems and $3.20 per watt for solar thermal and
fuel cells. For wind systems, rebates are $1.70 per
watt for the first 7.5 kW with $0.70 per watt there-
after. Rebates are provided only for equipment that is
certified by the state (CEC 2005a).
Nevada offers a rebate program of $3 per watt (2006
program year) for grid-connected PV installations on
residences, small businesses, public buildings, and
schools. Nevada's utilities, Nevada Power and Sierra
Pacific Power, administer the rebate program. The
renewable energy credits (RECs) produced by their
customers' PV systems count towards the utilities'
solar goals under Nevada's Renewable Portfolio
Standards (RPS) (DSIRE 2005b).
States have coordinated their rebate programs with
those offered by municipal utilities, governments,
and others. For example, in California, rebate pro-
grams administered by investor-owned utilities
(lOUs) are often tied directly to the values contained
in the Database for Energy Efficient Resources (DEER)
Measure Cost Database. This database provides sta-
tistically averaged cost differentials between baseline
equipment and the energy efficiency measure
designed to replace it (for example, T-8 fluorescent
lamps with electronic ballasts vs. T-12 lamps with
magnetic ballasts). The incremental energy savings of
each measure in the database is also provided {CEC
2005b). These data provide program planners with
the necessary information to forecast energy savings
' A database of state utility-sector efficiency programs can be found at http://aceee.cirg/new/eedb.htm. ,
Section 3A Funding and Incentives
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version)
CltM EmrgyEtsiii wstitftt
8?»TE PABTNEBSHIP
The Massachusetts Technology CoJfaboratlve (MffC) adnfifnistefs grants and rebates in Massachasetts. W5th approxi-
mately $25 million per ywaef, the 1MTC manages pr&grams th&ttafget a breaii range of r&eipfeots. Eligible t&ijiwaiagJss -
irtcUrtte wNul «Kir$y,fuei cells, Mrosteetfie, PV, larotfl g&s, md tew emission advance! fcte«m$ pewer, The j»«j«t
site must be a eusiosier of one of the Tssestor-owneri utilities in Massachusetts. to addition, it most be srid-coflnect:
ed and use 50% of the powers site. Programs include: .. . ' '
* f#e $mattfim$wahle Ettetgy Rebate Program praxes rebates for PV, y^nd, and mitre-hydra systems. Rebate lev-
els vary JrsKe&hafltafly and system size,
• Tfcff &S68 Boffftittg and Infm&rtidoe® PfogramyivM&s grants to supn&fi the iflstallatkin rf ekan energy, partica*
My solar PV, in buildings $u*h as schools, initial &raftts oi $25^93 are proviiJed fof sftj((ies, followed by irp to
F/?e Clean £ri&f$y £hotc$ Program provicfss tax incervtwes for eu stumers * green power purchases and pfovictes
The Industry Support Program makes direct investments to catslyie new product eGrnfliflretafizattrjfl, works to build
networks anil provide services that better anabfa compariies to access capital anrf ether vita! resources, and
strives to low^er bar riersto Access for BHtrepraneurs in 9ie sta», • - ..- ^ '
of planned efficiency efforts, depending on market
penetration levels. -This helps provide stability and
predictability in rebate programs, helping to create
conditions for long-term market development and
growth. However, in order to encourage and institu-
tionalize renewable energy technologies and energy-
efficient equipment and to provide industry with the
stability required for market transformation, it is
important for states to institute a gradual and pre-
dictable reduction in rebates over time.
In addition to rebates for renewable energy, states
also offer rebates for a wide range of energy effi-
ciency measures, including lighting, refrigeration, air
conditioning, agricultural, and gas technologies.
About 20 states conduct energy efficiency programs,
and most of these states offer rebates or similar
kinds of incentives. Typically, these rebates are fund-
ed by utility customers and administered by utilities,
state agencies, or other parties, with oversight from
public utility commissions or other state agencies. In
most cases, utility bill charges are placed in a PBF; in
a few states, programs are funded by utilities directly
under utility commission directives. For example,
Minnesota's Conservation Improvement Program
(CIP), is funded by the state's utilities. (A database of
state utility-sector efficiency programs can be found
at http://aceee.org/new/eedb.htm.)
Generation Incentives. In contrast to incentives that
help finance initial capital costs (e.g., rebates and
sales tax exemptions), states provide generation
incentives on the basis of actual electricity generat-
ed. In their most straightforward form, generation
incentives are paid on a per kWh basis. For example,
in 2005, California began a pilot performance-based
incentive (PBI) that provides incentive payments of
$0.50/kWh over the first three years of PV system
operation. The rebate is based on the actual elec-
tricity generated by PV systems. System performance
is measured using a revenue-quality meter.
Participants report their system performance either
through their utility or a Web-based third party
reporting provider. The total dollar amount reserved
for a system is based on the array capacity, PTC rat-
ing, and a 25% capacity factor. This reserve amount
is likely to be higher than actual system perform-
ance, but any power generated above the actual
amount will not be paid. In Pennsylvania, the Energy
Cooperative, a nonprofit organization that is
licensed as an electricity supplier by the
Pennsylvania PUC, offers a Solar Energy Buy-Back
program that pays its 6,500 members with 1 kW to
5 kW PV systems $0.20/kWh for the output of their
systems. The program purchased 70,740 kWh in
2004 (Energy Cooperative 2005).
Chapter 3. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
NOX Set-Asides for Energy Efficiency and
Renewable Energy Projects
.Under the NO, Budget Trading Program in effect as of
2003 (Clean Air Act 1990 Part 96), 22 eastern states
and Washington, D.C. allocate NO, allowances to
large electric generating and industrial combustion
units within state budgets. States may reserve
allowances from the budget to address new units or
to provide incentives for certain activities.
States can use one type of incentive, an EE/RE set-
aside, to award NO, allowances for EE/RE and CHP
projects. The allowances provide a financial incentive
for projects that reduce energy demand or increase
the supply of clean energy. To date, six states
(Indiana, Maryland, Massachusetts, New Jersey, New
York, and Ohio) have developed an EE/RE set-aside
program, and Missouri has proposed a set-aside pro-
gram. Thus, about one-third of the 22 affected states
have elected to include an EE/RE incentive program.
The size of the set-aside in each state ranges from
454 tons (Ohio) to 1,241 tons (New York) and from
1°/o to 5% of each state's NO, trading program budg-
et (EPA 2005c).
Each state determines the projects that are eligible
for allowance awards. Typical projects include:
• Installation of a new CHP system project (provided
allowances have not already been distributed to
the project from the new source set-aside).
• Renewable energy projects, including wind, solar,
biomass, and landfill methane.
» Demand side management actions either within or
outside the source's facility. (EPA 2005d)
As in the NO, budget trading program, states have
the flexibility to include a NOX set-aside for EE/RE as
part of their NOX allocation approach for the Clean
Air Interstate Rule (CAIR) (EPA 2005e). CAIR estab-
lishes a cap and trade system for sulfur dioxide (S02)
and NO, in 28 states and Washington, D.C. Under
CAIR, states may craft their allocation approach to
meet their state-specific policy goals (EPA 200Se).
Supplemental Environmental Projects (SEPs)
An SEP is an environmentally beneficial project
implemented through an environmental enforcement
settlement. Under a settlement, a violator voluntarily
agrees to undertake an SEP as a way to offset a por-
tion of its monetary penalty. SEPs are commonly
implemented through both federal and state
enforcement actions. State SEPs can be a significant
source of funding for new clean energy projects.
There are many opportunities for states to implement
clean energy SEPs through large and small enforce-
ment settlements. Knowing the flexibility of a state's
SEP policy (which may be different from EPA's SEP
policy), making SEPs a routine part of the enforce-
ment settlement process, and being aware of the
opportunities for clean energy projects as SEPs are
key ingredients for successfully increasing the num-
ber of clean energy projects funded through state
SEPs. Depending on state and local needs, SEPs can
involve the violator's facilities or can be a project
that provides local benefits. For example, in response
to a violation of air quality standards, a Colorado
manufacturer agreed to fund an energy efficiency
assessment at its facility and implement some of the
assessment recommendations. In Maryland, in
response to a violation of visible emissions standards,
a utility installed PV systems on three public build-
ings in the county.
EPA's SEPToolkit provides information for state and
local governments on undertaking energy efficiency
and renewable energy projects. The toolkit includes
information on general SEP requirements at federal
and state levels, potential benefits from EE/RE SEPs,
project examples, and general implementation guid-
ance (EPA 2005a). (The Toolkit is available at
http://www.epa.gov/cleanenergy/pdf/sep_toolkit.pdf.)
Section 3A Funding and Incentives
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Cilia Entrgy&:vi:«i:
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STITE PARtHERIHIP
organizations serve as financing centers to man-
age funds (e.g., the Iowa Energy Investment
Corporation) and can also serve as "trade allies"
(e.g., equipment installers and ESCOs) and lending
institutions.
Businesses. Businesses apply for funding and
incentives and purchase and/or use clean energy
technologies.
Residents and Other Consumers. Consumers apply
for funding and incentives and purchase and/or
use clean energy technologies.
State clean energy programs that offer financing or
financial incentives have used a wide range of fund-
ing sources, including:
Utility Budgets, In states that have established utility
incentives for demand-side resources, utilities pro-
vide funding support for clean energy as part of their
responsibility to deliver least-cost reliable service to
their customers. Utilities can fund these resources in
different ways, such as within their resource plan-
ning budgets or as a percent of total revenues, as
directed by state policy.
• Petroleum Violation Escrow (PVE) Funds. Legal set-
tlements stemming from 1970s-era oil pricing reg-
ulation violations generated billions of dollars,
which states used primarily during the 1980s and
1990s for clean energy programs.
• PBFs. These are typically funded by small charges
on utility customer bills (see Section 4.2, Public
Benefits Funds for Energy Efficiency and Section
5.2, Public Benefits Funds for State Clean Energy
Supply. Programs).
• Annual Appropriations. Some states support ener-
gy financing and incentive programs with general
state revenues .appropriated through the annual
budget process.
• Bonds. States have used their bond issuance
authority to raise capital for lending programs. In
some cases, loan repayments are applied to bond
debt service.
• Environmental Enforcements and Fines. States that
collect fines and penalties from environmental
enforcement actions can use the proceeds to sup-
port clean energy financing and incentives.
Alternatively, funds can come directly from a viola-
tor, through a supplemental environmental project.
• C02 Offset Programs. States have used their C02
offset programs as a source of funding. For exam-
ple, Oregon's 1997 state law HB 3283 required
new power plants in the state to offset approxir
mately 17% of their C02 emissions. Power plants
can do this directly or by paying the Oregon
Climate Trust, which uses the funds to support
offset projects, including sequestration, renewable
energy projects, and energy efficiency projects. The
program currently does not recognize CHP as an
efficiency technology either in calculating the
required offsets or in the generation of offsets.
Washington and Massachusetts have similar offset
funding programs.
Funding Levels
i
When designing financing and incentive programs,
states have found that it is important to determine
the financing limits and incentive levels that are
appropriate to market conditions. Ideally, incentives
provide just enough inducement to generate signifi-
cant new market activity and limit financial risk.
For loans or other credit-related incentives such as
loan guarantees, public financing typically pays for
just enough of the project cost to motivate private
investment. If public financing covers too much of a
project, it can promote projects that are not on solid
financial ground. It is believed that if investors invest
a significant amount of their own money in the proj-
ect, they wilt be motivated to make it succeed.
Another method is to buy down the interest rates.
This is often attractive to both businesses and home-
owners. While different than loan guarantees, buy-
downs can help put monthly payments within budg-
etary reach.
For financial incentives such as grants or rebates, the
amount offered is often set at a level just large
Section 3.4. Funding and Incentives
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PftRTNEft$NIP
enough to induce private investment Incentives that
are too high can distort market behavior so that the
technology does not sustain market share after the
incentives end.
Timing and Duration
Another key consideration when developing funding
and incentives programs is determining how long the
program will be in effect and whether funding will
be available on a consistent year-to-year basis. State
incentive and funding programs have been more
effective when they have been sustained and consis-
tent over time (e.g., the Texas LoanSTAR program)
(Prindle 2005). Several years are typically required
for a significant effort to become known and accept-
ed in the marketplace. States with effective pro-
grams typically have established five to 10-year
authorizations for their programs. In some markets,
especially where projects require long lead times for
design, permitting, construction, and underwriting,
program cycles may be longer. In other cases-for
example, in Oregon where faster-turnover consumer
products are involved-programs can be conducted
on a shorter time frame. Programs involving incen-
tives, loans, or other forms of financial assistance
that have been offered on a short-term basis have
failed to allow time for markets to respond (Prindle
2005).
The appropriate duration of an incentive or financing
program also depends on the characteristics of the
target market and the goals of the program. A
revolving loan program can continue indefinitely,
since the fund typically requires a single initial capi-
talization. If the size of the target market is large
relative to the size of the fund principal, the program
can run productively for many years. In other cases,
an incentive effort might be targeted at acquiring a
specific level of resources in a given timeframe; in
such cases, funding levels would tend to be higher
and the program duration shorter. Incentives are
gradually reduced and ultimately eliminated when
the technology or practice becomes standard prac-
tice in the target market.
Interaction with Federal Policies
Several kinds of federal policies and programs can
interact with incentive and financing programs. .
These programs offer technical assistance, technical
specifications for eligible products or projects, feder-
al funding, and opportunities to coordinate delivery
of state efforts with regional and national programs.
Examples of federal initiatives with which state pro-
grams can form partnerships or otherwise interact
include:
• ENERGY STAR. States have used ENERGY STAR
equipment and product specifications as the basis
for qualification for incentives or financing. Since
the late 1990s, the U.S. Environmental Protection
Agency (EPA) and the U.S. Department of Energy
(DOE) have worked with utilities, state energy
offices, and regional nonprofit organizations to
help them leverage ENERGY STAR messaging,
tools, and strategies and to enhance their local
energy efficiency programs. By working with EPA
and DOE and using ENERGY STAR as their local
platform, these organizations initiate their pro-
grams more quickly; increase their program uptake
and impact; help drive local market share for
ENERGY STAR qualified products, homes, buildings,
and related best practices; contribute to long-term
change in the market for these products and serv-
ices; and deliver on local objectives to increase
energy efficiency, maintain electric reliability, and>
improve environmental quality. For example, states
such as Texas, New Jersey, and Vermont have used
the ENERGY STAR Homes program as the basis for
financial incentives to home builders. In the
Northeast, several states have used the ENERGY
STAR criteria for clothes washers as the basis for a
regionally-coordinated network of incentive pro-
grams (for more information, see
http://www.energystar.gov/).
• Green Power Partnership. The Green Power
Partnership is a voluntary program developed by
EPA to boost the market for clean power sources.
Although the program does not provide funding
for green power purchases, state and local govern-
ments that participate in the partnership receive
f*- Chapter 3. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Clam En«9|ffe
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
Interaction wirth State PoiicSes
States have combined their financial incentives with
other state clean energy programs and policies to
deliver even greater energy and cost savings. Funding
and incentives programs interact with many state
policies, including:
• PBF Programs. PBFs can be used as a source of
direct incentives, such as rebates, and also as a
source of financing assistance. PBFs are funds typ-
ically created by levying a small fee on customer's
utility bills. PBFs in 17. states support energy effi-
ciency programs, and PBFs in. 16 states are used to
promote renewable energy. (See Section 4.2, Public
Benefits Funds for Energy Efficiency, and Section
5.2, Public Benefits Funds for State Clean Energy
Supply Programs.}
• Portfolio Management Portfolio management
refers to an electric utility's energy resource plan-
ning and procurement strategies. Effective portfo-
lios are diversified and include a variety of fuel
sources and generation and delivery technologies
and financial incentives to encourage customers to
reduce their consumption during peak demand
periods. Portfolio management delivers clean air
benefits by shifting the focus of procurement from
short-term, market-driven, fossil fuel-based prices
to long-term, customer costs and customer bills by
ensuring the consideration of energy efficiency
and renewable generation resources. /See Section
6.1, Portfolio Management Strategies.)
• Environmental Enforcement Cases. Under a settle-
ment, a violator may voluntarily agree to under-
take an SEP (an environmentally beneficial project)
as a way to offset a portion of its monetary penal-
ty (see Supplemental Environmental Projects, on
page 3-83).
• Lead by Example Programs. Many states "lead by
example" through the implementation of programs
that achieve energy cost savings within their own
facilities, fleets, and operations. Lead by Example
programs include innovative financing mecha-
nisms, such as revolving loan funds, tax-exempt
master lease-purchase agreements, lease revenue
bonds, performance contracting, and procurement
policies and accounting methods (for more infor-
mation, see Section 3.1, Lead by Example).
• RPS. In states with RPS requirements, financial
incentives can be used strategically to support the
development of more renewable energy generation
in the state. Some states have decided to use
financial incentives to support only renewable
energy generation that occurs in addition to the
state's RPS requirements. States can also add effi-
ciency to the RPS, as in Pennsylvania, or create a
separate efficiency performance standard, as in
Connecticut (See Section 5.1, Renewable Portfolio
Standards.)
• Interconnection, Net Metering, and Standby Rates.
Some states have modified their interconnection
standards, net metering rules, and/or standby rate
structure to facilitate easier interconnection for
renewable energy systems, increase their prof-
itability, and provide incentives for clean energy. In
states where interconnection issues have not been
addressed, renewable energy generators may face
hurdles with connecting to the grid and may not
have the financial incentives required to ensure
the system is sufficiently profitable. Net metering
rules enable renewable energy system owners to
sell excess production to the utility at retail rates
rather than wholesale rates, effectively providing a
per-kWh incentive (see Section 5.4,
Interconnection Standards). Some states are also
reviewing utility stand-by rates to ensure that
they are reasonable and appropriate and do not
unnecessarily limit the development of clean and
efficient onsite generation. (See Section 6.3,
Emerging Approaches: Removing Unintended Utility
Rate Barriers to Distributed Generation.)
• Encouraging Green Power. Some states stimulate
the green power market by establishing mandates
for state government facilities to satisfy a per-
centage of their electricity demands with green
power (e.g., RECs or green power electricity prod-
ucts). (See Section 3.1, Lead by Example, and
Section 5.5, Fostering Green Power Markets.)
Chapters. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Clian E
STATE POFUKEBSHIP
Implementation and Evaluation
Implementing and Administering
Funding and Incentives Programs
The most appropriate agency to implement and
administer funding and incentive programs varies,
depending on the state and type of incentive pro-
gram offered. In most states, the state energy office
manages the program. Other agencies involved in
program implementation include the state depart-
ment of general services, treasury department, and
others. In some states (e.g., Oregon and Iowa), a pri-
vate nonprofit organization implements and evalu-
ates funding and incentives programs.
Objectives for the agency administering the incen-
tives program include (Brown et a I. 2002):
• Create sufficient budget authorizations and appro-
priations to ensure the effectiveness of the pro-
gram, measured against actionable performance
criteria where possible.
• Allow for an adequate time period (typically five
to 10 years) for the funding to influence the mar-
ket.
• Determine an appropriate incentive level for tar-
geted technologies and markets (e.g., incentives
should be large enough to generate the invest-
ment needed to meet program goals and moderate
enough to stay within the budget).
• Establish funding caps per project and per cus-
tomer to keep programs affordable and sustain-
able.
• Focus on high-efficiency technologies and prac-
tices by setting technical criteria that target the
high end of the target market.
• Be flexible with respect to whom receives the
incentives so that the most appropriate parties
can participate.
• Incorporate sufficient reporting requirements to
document program results accurately and prevent
program abuse.
• Budget adequately for evaluation and conduct
evaluations on regular cycles. Allow for selected
detailed audits of larger and more complex proj-
ects.
The implementing/administering agency is also
responsible for ensuring that an adequate program
support structure is in place. This might entail the
following actions:
• Allocate sufficient personnel and time for program
administration.
• Collaborate with other agencies.
• Establish agreements with equipment installers,
manufacturers, and service providers.
• Collaborate with utilities.
• Conduct public outreach and education cam-
paigns.
• Conduct periodic program evaluations and take
corrective measures, if necessary.
benefit of the*r
experiences wM program implementation details.
Select the most appropriate delivery orgamzattonifi)
Approve tenf *term funding cycles $wto tOysars)
to w*abte programs t« achieve slgnlfieam'flwket
acceptance and impacts.
Maintain stakeholder communications via working
relationships and advisory groups.
Provide for adequate program tracking a nd report-
Jug systems to ena&te effective Evaluation and raid-
program corrections.
Evaluation
In general, states evaluate their state financial
incentives programs based on quantitative metrics,
such as the amount of money granted, energy sav-
ings, and the number of systems installed. In addi-'
tion, the administrative process is frequently evaluat-
ed to track data such as the number of days it takes
the state to process an application. While more chal-
Section 3.4. Funding and Incentives
-------
Cltin
EPA Clean Energy-Environment Quids to Action (Prepublication Version)
lenging, states also attempt to determine if financial
incentives have the desired effect on the market-
place (i.e., understanding the causal relationship
between the incentives and the changes occurring in
the market, accounting for "free riders" and estimat-
ing the net energy savings impacts achieved by
incentives). Standardized reporting requirements and
independent measurement and verification (M&V) of
program impacts provides the information required-
to redirect future investment dollars for optimal
effectiveness.
States have found that M&V methods are critical to
ensuring that sufficient projected savings are real-
ized to determine if funding and incentive invest-
ments provide their expected return. For simpler
measures with well-established savings performance
records, a "deemed savings" approach can be used.
For more complex measures, newer technologies, and
larger projects, a project-specific M&V approach is
warranted. (For more information on M&V methods,
see Section 4.1, Energy Efficiency Portfolio Standards.
and Section 4.2, Public Benefits Funds for Energy
Efficiency.) Several states have established detailed
procedures and technical support documents describ-
ing "deemed savings" methods, including:
• The California Measurement Advisory Council
(CALMAC) (CALMAC 2005).
Efficiency Vermont Technical Reference Users Manual
published by Efficiency Vermont (2004). For project-
specific M&V methods, the following resources are
helpful:
• The International Program Measurement and
Verification Protocol (IPMVP) (IPMVP 2005).
• The Texas PUC's Measurement and Verification
Guidelines (Texas PUC 2005).
• DOE Federal Energy Management Program (FEMP)
guidelines, Measurement & Verification Resources
and Training Opportunities (Webster 2003).
Several states have conducted evaluations of their
funding and incentives programs. For example, the
California Public Utilities Commission (CPUC) evalu-
ates the Self-Generation Incentive Program (SGIP)
each year to assess process, impact, and cost-effec-
tiveness (CPUC 2Q05b). Part of the state's 2004 eval-
uation included interviews with 47 SGIP cogenera-
tion system owners regarding their system imple-
mentation and operations experiences during the
year. The evaluation found that, while the SGIP is
very well subscribed, and program participants are on
average satisfied with their SGIP systems, many
cogeneration systems do not appear to be perform-
ing as well, or operating for as many hours, as origi-
nally expected (CPUC 2005b).
NYSERDA evaluated its DG/CHP program to under-
stand how the internal processes of the program
have progressed, assess the progress of and barriers
to technology transfer, and determine end-users' and
consultants' levels of satisfaction with the program.
The evaluation involved a review of current savings
procedures and data tracking, interviews with
DG/CHP program managers, and a review of data
Evaluating fundtof antf irieeMves programs requires
tracking program use, cost and energy savings, as
well as prowdteg easy pabtic access to
« Use method* o«vw over $ne to other states, ; - ;
adapted to state-specific needs. , • ;
• Provide "hard numbers" an qu a ntttattve imp a e& and
process feedback on ihejeffectiveaess af pHj^farft.
operations and ways to improve $erv1efcdfc!fiterY> ' -
• U$» indepeft4*
tsttons for quality antf unbiased analysis.
• ^Measure program success against stated objec-
tives, providing jnfornfiatloft that is'&taiJerf
to 6$ B$eM atwJ sifnpte'fmotisii to be i
* Provide for consistent and transparent evaluations
across aft programs and administrative entities,
* Cfwnnrorocats results 16 decisionmakers and stake-'
holders tn ways tfw dsmttrtstfatethft benefits of the
Ovsrail program and indivtdtisfmsrket initiatives, - - ;
Chapter 3. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
summaries for projects. The evaluation results
revealed that staff and participants are enthusiastic
about the program and that many non-participants
also have positive feelings about it Several recom-
mendations for improvements were received, includ-
ing making the proposal and selection process less
confusing, initiating better communication with util-
ities about interconnection and stand-by rate
charges, and developing an incentive program with
stable funding to allow for replication of projects
(NYSERDA 2004).
State Examples
The following examples illustrate effective state pro-
grams, innovative approaches, and program results
for each of the key types of financing and incentive
programs.
Revolving Loan Funds
Texas LoanSTAR
Texas LoanSTAR, also known as the Loans to Save
Taxes and Resources program, began in 1988 as a
$98.6 million retrofit program for energy efficiency
in buildings (primarily public buildings such as state
agencies, local governments, and school districts);
The program is now funded at a minimum of $95
million annually. The original funding for the pro-
gram was from PVE funds. The Texas State Energy
Conservation Office (SECO) administers the funds
through DOE's State Energy Program.
SECO provides extensive program oversight and doc-
umentation, ensuring that the data used to establish
claims for energy savings are accurate. SECO devel-
ops procedures and guidelines that allow LoanSTAR
to prove that the financed energy retrofits would pay
for themselves. As part of its quality control, SECO:
• Issues energy assessment guidelines,
• Trains energy engineering consulting firms on
audit techniques and LoanSTAR guidelines.
• Develops protocols to meter and monitor each
LoanSTAR project to track pre- and post-retrofit
energy consumption.
• Develops new methods to analyze energy savings
from retrofits.
Public agencies in Texas have realized substantial
savings on their energy bills through LoanSTAR that
continue to accrue year after year. As measured from
the beginning of the program through December
2004, total savings amount to almost $152 million,
on an investment of $123 million. This amount
reflects measured savings from 1989, when the first
loan was funded, through 2000, and, stipulated sav-
ings from 2001 through December 2004. Total sav- •
ings are calculated directly from metered and moni-
tored energy consumption data collected before and
after the energy retrofits. Stipulated savings are used
for buildings where the energy-saving measures con-
tribute year after year at an established level but
where monitoring equipment is no longer in place '
(DOE 2005).
Web site:
http://wwvv.3eco.cpa.slist.e.tx.us/is.htm
Iowa Energy Bank
Iowa's Energy Bank program provides technical and
financial assistance to public and nonprofit facilities
for installing cost-effective EE/RE improvements. This
energy management program uses energy cost sav-
ings to repay financing for energy management
improvements. It targets public schools, hospitals,
private colleges, private schools, and local govern-
ments. The Iowa Energy Bank helped finance $150
million in energy efficiency improvements in state
and local facilities from 1989 through 2001.
The Iowa Energy Bank program starts with an initial
energy audit. This assessment may be an extensive
energy audit, or for small facilities, a simpler assess-
ment of energy consumption and potential improve-
ments by Energy Bank program staff. If necessary, an
engineering analysis is completed for the facility by a
qualified consultant. A six-month, interest-free loan
is available to pay the up-front expense of the ener-
gy audit and engineering analysis. Pull-term, munici-
pal lease-purchase agreements or capital loan notes
from private lending institutions are available at
interest rates negotiated for the client by the Iowa
Section 3A Funding and Incentives
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Clitn E
STATE PARTNERSHIP
Department of Natural Resources (DNR). All clients
of the program are eligible for financing of cost-
effective energy management improvements.
Web site:
http://www.stste.i3.y5/dnr/energy/MAiN/
PR06RAMS/8EM/EBANK/ir»dex.htmi
Montana Alternative Energy Loan Fund
Montana's revolving loon fund, established in May
2001, initially provided up to $10,000 (at a 5% inter-
est rate in 2004) to individuals and small businesses
for small renewable energy systems up to 1
megawatt (MW) in size. In March 2005, the Montana
Legislature passed a bill that amended the loan pro-
gram, raising the maximum loan amount to $40,000
and extending the repayment period from five years
to 1 5 years. As of 2004, the Alternative Energy Loan
Fund has more than $425,000 available for disburse-
ment to loan applicants. Financial interest accruing
to the fund, as well as interest generated from loan
repayments, is re-deposited into the fund to sustain
the program.
The fund is managed by the Montana Department of
Environmental Quality (OEQ) and is supported by
penalties from air quality violations in Montana.
Eligible resources include wind, solar, geothermal,
fuel cells, biomass, hydroelectric, and solid waste
methane. Montana also provides a 35% investment
tax credit for businesses that manufacture alterna-
tive energy generating equipment, use energy from
alternative energy generating equipment, or install
net metering equipment for connecting alternative
energy generation systems to the electrical grid
(Montana DEQ 2005). The 2005 law also added local
government agencies, universities, and nonprofit
organizations to the list of eligible sectors.
Web site:
fittp://wvMw.de
attenergyioan.asp
Energy Performance Contracting
Washington
In 2001, the Washington legislature adopted legisla-
tion requiring all state facilities to conduct energy
audits to identify energy savings opportunities and to
use performance contracting as their first option for
achieving those savings (Washington HB 2247 2001).
This law has led to a surge in performance contract-
ing activity: $100 million has been invested in proj-
ect implementation by the private sector, with net
savings of over $8.3 million annually.
The Washington Department of General
Administration (D6A) energy team has designed an
energy performance contracting (EPC) program
specifically for state agencies, colleges and universi-
ties, cities and towns, counties, school districts,
ports, libraries, hospitals, and health districts. The
EPC program provides assistance to public facilities
in completing energy performance contracting proj-
ects and includes free preliminary audits and con-
sulting services. The program complies with competi-
tive statutory requirements to save time and money.
The DGA helps state agencies qualify for the low-
interest state treasury financing that is available for
EPC projects.
Tax Incentives
Oregon
The Oregon DOE offers BETCs and RETCs to Oregon
businesses and residents that invest in qualifying
energy-efficient appliances and equipment, recycling,
renewable energy resources, sustainable buildings,
and transportation (e.g.. alternative fuels and hybrid
vehicles). The BETC is for 35°/o of the eligible project
costs and applies to the incremental cost of the sys-
tem or equipment that is beyond standard practice.
The RETC varies depending on the type of equipment
purchased and amount of energy savings. Through
2004, more than 12,000 Oregon energy tax credits
worth $243 million have been awarded. Altogether,
those investments save or generate energy worth
about $215 million a year (Oregon DOE 2005a).
Business owners who pay taxes for a business site in
Chapters. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Oregon are eligible for the tax credit. Oregon non-
profit organizations, tribes, or public entities that
partner with an Oregon business are also eligible, as
are residents who have.an Oregon tax liability.
The BETC offers art innovative Pass-Through Option,
which allows a project owner to transfer the 35%
BETC project eligibility to a pass-through partner for
a lump-sum cash payment. The Pass-through Option
rate for five-year BETCs (effective October 1, 2003) is
25.5%. The Pass-Through Option rate for one-year
BETCs (those with.eligible costs of $20,000 or less) is
30.5%. The Oregon Department of Energy sets these
Pass-Through Option rates (Oregon DOE 2005a).
Web site:
h':tp://egov.or«:gon.gov/Ene!'gy/CON5/SUS/8ETC.5h!:ffll
New York
New York operates three individual tax credit pro-
grams in addition to its suite of PBF-funded pro-
grams. The state began its Green Building Tax Credit
program in 2002. The income tax incentive is intend-
ed to spur growth of the green buildings market,
including energy efficiency measures and incorpora-
tion of solar energy. This was the first state program
of its kind and has been adapted by several other
states. NYSERDA and the New York State Department
of Environmental Conservation (DEC) administer the
program. $25 million is available annually for the tax
credit for buildings greater than 20,000 square feet
(Brown et al. 2002). The PV credit is for 100% of the
incremental cost of "building-integrated" PV modules
(20% every year over a five-year period) with a cap
of $3 per watt.
In addition, New York provides a personal income tax
credit for solar PV systems. The credit is for 25% of
equipment and installation costs, with qualified
expenditures capped at $6 per watt Any portion of
the system cost that is funded by a grant (from any
source) cannot be counted toward the tax credit.
New York also provides a 15-year property tax
exemption for solar, wind, and biomass systems
installed before January 1, 2006.
Web site:
Brants, Buy-Downs, and Generation
tfssgritives
Grants, buy-downs, and generation incentives pro-
vide funding and incentives to invest in energy effi-
ciency and clean generation technologies. Typically,
energy efficiency measures can be promoted through
buy-downs (also known as rebates), while clean gen-
eration is supported through buy-downs and. genera-
tion incentives.
California
California operates a rebate program and a genera-
tion incentive program that, together with its PBF-
funded Emerging Renewables Program, cover a broad
range of renewable energy technologies from small
customer-sited PV systems to large commercially
owned wind and biomass facilities. (For more infor-
mation on California's generation incentives pro-
gram, the Supplemental Energy Payments program,
and Emerging Renewables Program supply, see
Section 5.2, Public Benefits Funds for State Clean
Energy Supply Programs.)
The SGIP provides rebates for systems over 30 kW
and up to 5 MW in size, including microturbines,
small gas turbines, wind turbines, PV, and fuel cells.
The program was authorized in 2001 by the
California Public Utilities Commission (CPUC) and
extended in 2003 by the state legislature. It provides
$125 million per year for program administration
and customer incentives. Funds are collected through
an electricity distribution charge that is separate
from the public goods charge and administered by
the state's four investor-owned utilities. The rebate
amounts vary depending on the technology. The
rebate for solar PV, for example, is $3.50 per watt.
As with the Emerging Renewables Program (see
Section 5.2, Public Benefits Funds for State Clean
Energy Supply Programs), the SGIP is available for
service customers in investor-owned utility territo-
ries. The SGIP offers incentives to encourage cus-
tomers to produce electricity with microturbines,
small gas turbines, wind turbines, PV, fuel cells, and
Section 3A Funding and Incentives
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PHHTNERSHIP
internal combustion engines. The incentive payments
range from $1 per watt to $4.50 per watt, depend-
ing on the type of system. CHP systems are eligible
for the lowest incentive payment. CHP systems
must be between 30 kW and 5 MW to qualify. The
SGIP has been instrumental in the increasing the
number of small photovoltaic (between 30 kW and
1 MW) and CHP systems (5 MW or smaller) in the
state. As of 2004, the program has supported 388
systems (235 PV, 1 wind turbine, 2 fuel cells, and
150 CHP systems) with a total on-line capacity of
103 MW, including 82 MW of PV capacity (CPUC
2005b). As shown in Figure 3.4.3, the total grid-
connected PV capacity installed in California in
2005 was more than 130 MW (CEC 2005c).
Web sites:
Rgurs 3A3: Srid-Connected PV Capacity insta
California
intiex.htm
http://www.cpuc.ca.gov/st3tic/efiergy/eltctric:/
05041 5..sceitroff-i-sgip2G04-t impscts^final + reporlpdf
New York
NYSERDA implements a grant program to assist com-
panies in developing, testing, and commercializing
renewable energy technologies manufactured in New
York. The program focuses on product and technolo-
gy development rather than on installation of indi-
vidual renewable energy systems. Projects are select-
ed based on whether they will be commercially com-
petitive in the near term and the ability of the com-
pany to achieve specific performance and quality
milestones^ Eligible technologies include solar ther-
mal, PV, hydro, alternative fuels, wind, and biomass.
Web site:
http://www.r:yscrda.org/
Washington
Senate Bill 5101 (S.B.5101), signed in May 2005,
established a base production incentive of
$0.15/kWh (capped at $2,000 per year and roughly
tailored to the yearly market output of a typical 3.5
kW PV system) for individuals, businesses, or local
Cumulative
Year
Unknown 0 SMUD E3 Energy Commission H LADWP HCPUC Q Other
governments generating electricity from solar power,
wind power or anaerobic digesters - the first use of
this approach in a U.S. state. The incentive amount
paid to the producer is adjusted based on how the
electricity was generated by multiplying the incen-
tive ($0.15/kWh) by the economic multipliers shown
in Table 3.4.1.
The economic multipliers favor equipment manufac-
tured in Washington, with the goal of developing a
renewable manufacturing industry in the state. The
incentives apply to power generated as of July 1,
2005 and remain in effect through June 30, 2014.
The Washington Department of Revenue (DOR) is
responsible for submitting a report measuring the-
impacts of this legislation, including any change in
the number of solar energy system manufacturing
companies in Washington and the effects on job cre-
ation (e.g., the number of jobs created for
Washington residents).
Publicly and privately owned utilities in Washington
will pay the incentives and earn a tax credit equal to
the cost of those payments. The credit may not
exceed $25,000 or 0.025% of a utility's taxable
power sales, whichever is larger. Increased sales tax
Chapters. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Solar modules manufactured in Washington
Solar and wind generation equipped with inverters
manufactured in Washington
Anaerobic digester and other solar equipment or
wind generator equipment with blades manufac-
tured in Washington
All other electricity generated by wind
2.4
1.2
1.0
(KB
revenues from an expanded renewable energy indus-
try are expected to offset reductions in revenues
from utility taxes (Broehl 2005 and Washington
2005).
Set-Asides
New York
The New York State DEC administers the WO, Budget
Trading Program and allocates the state's NO, emis-
sion allowances, which are partially set aside for
energy-efficient projects. In 2003, the size of the
set-aside was 3% of the state's NO, trading program
(1,241 tons). Sites that meet the emissions
allowances criteria may apply for the allowances and
then sell them to other N0x-emitting sources for
cash. Eligible sites include end-use energy efficiency
projects, renewable energy projects, in-plant energy
efficiency projects, and fossil fuel-fired electricity
generating units that produce electricity more effi-
ciently than the annual average heat rate attributa-
ble to all fossil fuel-fired electricity generated within
New York State.
Web site:
h !:tp ://ww w. dec.s ra te. ny, i> s/
Supplemental Environmental Prefects
Colorado
The state of Colorado adopted an SEP policy as part
of its environmental enforcement and compliance
assurance strategy. Colorado's Department of Public
Health and Environment (CDPHE) uses decision crite-
ria on a case-by-case basis to determine whether an
SEP is appropriate. During routine inspections in
2000, a large Denver-based industrial gas compres-
sion company was found in violation of chlorofluoro-
carbon (CFC) emission regulations. The company was
assessed a noncompliance fee of $30,000 and a civil
penalty of $395,000. Through a settlement agree-
ment with CDPHE, the company agreed to implement
an SEP to reduce air pollution.
Under the settlement agreement, the company
agreed to pay a mitigated civil penalty-80% of the
total, or $303,360-into an interest-bearing escrow
account managed by Public Service of Colorado. The
SEP will now fund five years of wind energy purchas-
es, or approximately 2,426,880 kWh of electricity.
The agreement also stipulates that the energy comes
from new wind generation facilities. Public Service of
Colorado must use funds remaining in the escrow
account after the fifth year (2005) to continue pur-
chasing wind power. Interest that accrues on the
escrow account is similarly invested.
Environmental and health benefits include avoided
emissions of:
• 3,640 metric tons C02
• 73 metric tons of S02
• 97 metric tons of NOX
These emission reductions are equivalent to avoiding
58.2 million vehicle miles per year (NREL2003).
The SEP wind purchase also instituted a process for
streamlining future renewable energy purchases at
the Public Service of Colorado. This will provide sub-
stantial administrative savings to both providers and
customers.
Web site:
Section 3,4. Funding and Incentives
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
What States Can Do
States have diversified what were originally simple
grant or loan programs into a broader set of funding
and incentive programs that encourage specific mar-
kets and customer groups to invest in energy effi-
ciency and clean supply projects. The information in
this guide describes best practices for design, imple-
mentation, and evaluation; summarizes a wide range
of state experiences with funding and incentive pro-
grams; and offers a variety of information resources
on funding and incentive strategies. Based on these
state examples, action steps for states that want to
establish their own funding and incentives programs
or strengthen and expand existing programs are
described below.
States interested in creating or expanding clean
energy funding and incentive programs can take the
following steps:
• Develop an Inventory of Current Financing and
Incentive Programs. Review existing programs and
identify the need fornew or expanded offerings.
Conduct market research, as necessary, to identify
these needs.
• Design Funding and Incentive Programs Based on
the Best Practices Developed by Other States.
States' experiences with funding and incentive
programs provide a rich source of information on
how to develop successful programs.
• Identify and Secure Funding Sources via legislative
and administrative initiatives, as appropriate. Seek
to coordinate program targets and information
collection efforts to avoid overlap and duplication.
• Conduct Rigorous Evaluation and report the results
to policymakers, industry, and the public.
Chapter 3. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Propublication Version)
Information Resources
Clam ln«rjyBBt
STUTE PARTNERSHIP
Th* Dstafcass sf Stats foesittsves for Rsnewsbfe Energy {BSiREJ, This database con-
tains information on federal, state, and local incentives that promote renewable
energy. It provides information for all 50 states and is updated regularly.
innovation, RanswsbSs Ensrgy, and Stats Investor* Csss Studies of Leading Ciesrs
Energy Funds, This Lawrence Berkeley National Laboratory (LBNL) Web site con-
tains case studies of various state clean energy funds.
The fisltensi Renswabte Energy labarstofy (N8ELJ, Cm Studies on the
ESfse&rssess of Stats Rnascisi SncsrssVssfer Rsrieiwafcig Ensrgy.This NREL report
presents state' case studies on financial incentives for renewable energy. NREL/SR-
620-32819. Gouchoe, S., V. Everette, and R. Haynes. 2002. NREL, DOE. September (vi).
Pscfyjwance Ccntrastfng LsgisSstJon By State. This Oak Ridge National Laboratory
Web site contains information on performance contracting legislation by state. The
site includes links to legislation and state performance contracting legislation.
Ststs ErivSronmefttsi Rssoisree C&nter £n$r0y EfSciensy Stsndar^s. This Web site
offers the tools to bring energy efficiency standards to individual states. These tools
include a model bill, talking points, press clips, a fact pack, links, and other back-
ground information.
Oriksn cf Csncsrnsd Scs&frasfs, This report assig ns grades to eac h of the 50 states
based on their commitment to supporting wind, solar, and other renewable energy
sources. 2003. Plugging In Renewable Energy: Grading the States. May. Accessed
September 14,2005.
; KVM
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
ST»T€ P*BTflE»SHIP
Several Information
CESA Ysar Ons: A Report on CSssfi Snsrjjy feds in tfcs U-8.2053-2084, Clean Energy \<
States Alliance. August 2004. 11
£mr§y £fM»«:y!8 Naxt Serwstfoi:: fonwaifon a* ths Stele Ls¥*i, This American
Council for an Energy-Efficient Economy (ACEEE) report describes state energy effi-
ciency activities. ACEEE, 2003. W. Prindle, N. Dietsch, R. Neal Elliot, M. Kushler, I.
Langer, and S. Nadel. Report No. E031. ACEEE.
Stats in&gUvBS for Cisan Energy Osveisprosnt Final Project Report October 2001.
Prepared for Mainewatch Institute, Hallowed, ME by Ed Holt and Associates. The
Maine Center for Economic Policy.
iotva ERSSW Bank. This Iowa DNR Web site contains information about the Iowa
Energy Bank.
Tsxaa Bsvoteg LosnSTM, The Texas SECO administers the LoanSTAR program.
Additional information about the program is available at SECO's Web site.
Texss ffevoMng LoanSTAR Conasnfstlon Update Feature Story. This DOE, EE/RE
Web page presents a case study describing the Texas revolving loan fund program.
January-February ZOOS.
f<(f'jc*(ftSBft-tt/fftf«'45
Enargy Perfonssanss Corrtrsetsng, The Energy Services Coalition is a nonprofit organ-
ization that promotes energy service performance contracting.
Itis f&tie=?sS Association of £nsrgy Serae* Sampa^ies (MAESCOj. NAESCO is a
trade association in the energy services industry, representing ESCOs, distribution
companies, distributed generation companies, engineers, consultants, and finance
companies. The Web site contains information on energy efficiency for buildings.
" fto;»'vvww 'SK*
P»rfsm««C8 CsnfifastSrjg AcgviSss by Ststs. This section of the Energy Services
Coalition Web site provides information and resources about performance contract-
ing programs by state.
Performance Contracting LegtsSsScti by tots, This Oak Ridge National Laboratory
Web site contains information on performance contracting legislation by state. The
site includes links to legislation and state performance contracting legislation.
ii!
i I 11
f. This Web site provides
information on state, local, utility, and selected federal incentives that promote [1£=H«y
renewable energy.
Ststs EnvirortiRsmaS Resoufxss C$»ter Issue; Er&rgy Efiwssncy Tsx Sncsntivsa, This
site includes a variety of examples of tax incentives and legislation that have been
introduced by different states to decrease energy use.
Chapters. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
(Iran Emfif£><¥t«>Ki>»i:t
STATE PARTNERSHIP
Stets Taxs&>ri Sn a Changing U.S. Efectric ?vwt System: PsHcy issuss and OpSons. l:ifmp^^^3);o^:i^|::M^;i;|Ii:::::;|;f -§M® I
This paper includes an overview of state tax incentives related to electricity genera- l^y£hy*hy^y^y*?y^^yy*yy*£y^y^y^;j
tion and describes options for designing incentives to support energy efficiency and j^^^^MM^^^^Mii^^^y^M^
ranaiAfahla anarnw IV fl Ul Rrmum anrl f* Datum n Mqtinin^l PnnfaranriB n^ Ct«tn l'--' '•''• "::P-:I: P::P :': "::- :': •'.?':•:'•::••'.•:.•::•*:•':•:'•*:• '•'. •::• :•':•:'•::• :•:'•::•.:••.•::;::':•: -::•':;
energy. M.H. Brown and C. Rewey. National Conference of State
Legislatures, December 2004.
Tax Crsdsts far Essrgy Efficiency snd Srsen Buildings: OpportisJiiUss for State
Astsoa This ACEEE report analyzes state tax energy efficiency tax incentives provid- W^^^^^^^^:W^K^W^-- 1
ed by the states for the private sector ACEEE, 2001 E. Brown, P. Quinlan, H.M.
Sachs, and D. Williams. Report #E021, March. ACEEE.
This paper discusses major financial incentives used by federal and state govern-
ments and their effectiveness in promoting renewable energy.
U,S, PomhinBd Has* and F)3wsr Asssscwtiof- }USCHPA), This Web site provides infor- I J|ri^«s^s^^pc^!^^s^|'8idf9|%s^K^
mation on federal policies, including tax incentives, designed to promote more wide- I^H^^^Hssy!Jsiisgyisy:;2^^y:i:S;^^^.i
spread use of CHP systems.
ACEEE, ACEEE Energy Efficiency Program Database.
CslifomES Energy Commisslort (CSS), Emerging Rsnswsfctes Progrsm, This site pro-
vides information about the Emerging Renewables Program (formerly called the l;.
"Emerging Renewables Buy-Down Program"), which was created to stimulate market l:Pi;y:¥;y;£::£;™§^
demand for renewable energy systems by offering rebates to reduce the initial cost [®HS?|S|S;5?5;^| J?^SiJ*?j)S«?::K||;^^^^S^
of the system to the customer. '
CPUC- The CPUC Web site provides information on CPUC activities and regulations. HlJfeSv^^tpacJe^igoy;';:;:;
C?UC SelfrGeneration Incentive Program. This site provides information about this ^^|^S«H^Tassr^^lig!
California program to provide rebates to encourage distributed generation technolo- ;;i^!!::;;;(;!pf^i;?dsixi:;tsS::-:x:::-;::i;::
t:KK::^;K«;;x«::KK^.^::^.::Kx:,
Connecticut light asHl Fsjwsr &1&3*). Benefit from our Express Rebate Programs
from the CL&P Energy Efficiency at Work Web site. The programs offer CL&P busi-
ness customers an opportunity to improve the energy efficiency of their stores or
buildings.
NYSERS& This Web site provides information on NYSERDA's projects, including
those promoting energy efficiency.
Ths New York Sta& Q£C. This Web site describes energy efficiency projects it
administers, including details on the Green Building Initiative tax credits. ...., , ,
: / '•: ''• v:-:v:*.:;.-:.: v::::.:-:-: v :.;v '•'.• •'•'•!• '•'.• •'• '•-• • '• \- '•-•;.- •; -.::.- o -: •.- '-,•:.- '•:'-.: •.; :.• - - ':• -j
Mstthwest Solar Cssstsr Web sits. This site provides information on the
energy in the Northwest It contains information on Washington's production
tive program.
Rsfiswsbte Rsseufm PeyskifsmBrst Report This report bythe CEC provides details |£ap!$^f^i^
on actions the state is taking to promote development of, renewable energy genera- i0;?:;; 2^iC|ii|^
tian, with particular focus on RPS. ^^S^^^Hg^H^i^ll^^^^Pi^jy-f^a
Section 3A Funding and Incentives
-------
EPA Clean Energy-Environment Quids to Action (Prepublication Version)
Clem Ed«rjyei:i*s!i»!(nit
STATE PARTNERSHIP
i Srjsrgy £fijci9«sy s»<5 Sw«ewsl)5s Smirgy S«t-Asifli} in tJiss NO,
Trading Program (Draft, April 2000 EPA-430-K-00-004). This EPA guidance document ^;^^^^^5|i|pg^p|^'i|phK«^|x||«p||
contains additional details on designing the set-aside application process, allocating p^^|H^|:^^H^^|^^:^^;t;|;5^;|;^^
to eligible projects, translating energy savings into emission reductions, determining j||j;|ifl|;i;|£^
a timeframe for implementation and awards, and establishing documentation and ' psgllijPi^ii|HH^x^x^l^^H1^:^!i:i;l:^H
re po rtin g pro ce d u re s. |;;:; *. * %* >; x} 9. €; '$.&& Wi -19 * iM ;:l;:; % % Sii* * €;'S t y$& tt
ix:":•:'' x :"x:.x'.x"xVx:x:"::':x xox :'\ :'x: x'tx:x:'::': xr:'::":-:~::'::":-:::"::":-:::-: y-x
'" ' .-«.. — - .„......- .„. ^............................y.....»............................................
D»ssgsin9 ^sstufsmsf^. SR^ VsdScstJan fequtrsmsi^s. This EPA document is under ^^.^^It^g^^^^gy^y-^^^lXiiK"!;
development and will provide additional guidance to states on options for measuring ^KxilK«|K«xpK«KpKliyKKKK;lK|;;lKXK«pKxx^px^
and verifying the potential emission reductions resulting from EE/RE projects. |^?|3i^Bt^pl^K':=K|lx^M«lx^§i^^iiO
m. March 1999. This EPA guidance document pi;ip|i||ni|!3:
discusses the elements that a state may consider when deciding whether to estab- te.;^:;!^;.;)?;:;
lisn an EE/RE set-aside and how it should be designed (e.g., the size of the set-aside, ::H;£;;§;;;;;S;:;;:Si;:
eligibility, and the length of awards).
AToo!i& For States: Using Supptoefi&S feswmsitfai Psxtjests (S£?s) ts Promot* !;:|?:rtt|5:^^i|3e;pj;¥/«!sa(«^rg^d{^^
Energy EfScisscy ssd Rsnswabis Enei^y, This EPA toolkit is intended to help state iSf^^twgKii^f mW&lWtttZWI^SS]
'" ' ' i:-':::-::-::-::^--::--:-?-:-:-:^"'-:-::-;::: i-:::-;-::-;^:-::-;^'^:-::::-::-:'::^:-:^:-:^':^:^-:::.!
; ::':;:1:^:':..1:::>:;:.'y ;:;Y:-:X^::. :•:. :-; :•:.-:;. :•: .•::-.y:'•::• :•:.-::• :•: •:>,-:::•;•:>:::;*:':-;:•;;•: t
and local governments pursue energy efficiency or.renewable energy projects . ^:^^'MrSKH! iis^Hiih^i-H^s^^i^™
through SEPs. It presents the case for pursuing energy efficiency and renewable
CAIM&O W>& Slis, California's statewide CALMAC evaluation clearinghouse con- j:;ht!;!8?
tains resources-for deemed savings and project-specific M&V techniques. ^^E'S^^B^BSI^^Ki^l^ii^^i^^
£ffiei*fst ¥s?ffior?tT9ciiJ5icsl RefefSBCS User Sfe«sl TRM 4-19, published by
Efficiency Vermont, 255 S. Cnamplain Street, Burlington, VT 05401-4717 phone
921-5990. Vermont provides a set of deemed-savings methods in this manual.
!::iipr;i|Qntia<*:EfJficiepyVej™nfai: tx *<
IstemalJOESfii Pssfamssfies IvIsssafSfRsnt and Vssi^catJon Protoes! OPMVP} VVsb
Srt». IPMVP Inc. is a nonprofit organization that develops products and services to M^:^^^:m^^^^^^m
aid in the M&V of energy and water savings resulting from energy/water efficiency ^P^^^IvpH^JiilJ^xhiK^lilSlI^^
projects-both retrofits and new construction. The site contains the IPMVP, a series ^5^?ST^S^x^v^g|^|?s'^|^x;:Sx:?
of documents for use in developing an M&V strategy, monitoring indoor environmen- |^iitiii^lHI^^^H1iJKi^KlxiyHKi«s^i^
tal quality, and quantifying emission reductions. r.v.:::v::v1:
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Example of Legislation
*StS& ?so$tjss lasislstfos!* is the enabling legislation for state
buildings energy management program.
$9RSi3 8$ SD§ in 2801 established an Alternative Energy Loan
Fund.
Stms*» B3IJ 50 tn 2005 amended the Alternative Energy Loan
Fund.
Tssss Admmlsifs&a Coda. Subchapter Loan Program for
Energy Retrofits. This subchapter describes the Texas revolving
loan program for energy efficiency retrofits.
Nsw York
Siesft Esjergy ir.cstsiSv* Act established tax incentives for . '^i^t^^i^^^j^ff^i^i^^i^K'^^
energy-efficient equipment. "
28Q1 5rsat6 Buiitfmg Tax Credit provides tax credits for buildings ^^^ftfi^i^^ifiilA^S^ljj^fe^i-ii^iJ®!!
meeting aggressive energy efficiency standards. See text of ' £;;:i€!i^0&#.'^;;£^
House Bill 8. p^^PBy^l^^l^P^^^^^iis^i^Osfi!
!hs NewYctcfc Asstfmbiy passed the Green Building Tax Credit £^!^$w^jaecH;;!Mij^^
legislation in May 2000.
lagislatten established the BETC. In 2001, green buildings |;(i^^^}«|;|t§;fi^K&£^rs/*^i^i;;:0;::;::.:;;i
were added to the BETC. See Oregon Revised Statute 469. is^lS^lliis^^^ssssBiliil^^S^liB^^hSI
|. (See Title 29
Local Government 29-12.5-101, 29-12.5-102,29-12.5-103, 29-12.5-
104, and Title 24 State Government 24-30-2001,24-30-2002,24-
30-2003.) '
-ijXv^vj.:>j.:>j..>,.:
Hoisss Biii ^4?-En»rsv Audits, ^iOl is that state's
enabling legislation for performance contracting.
il
Tbs CsiifofaJa Seiar Cantsr tracks some of the legislation
passed for financial incentives for solar in California.
Section 3A Funding and Incentives
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
CilU E
STATE PARTNERSHIP
Nsw York
HYSERDA has information about its funding program.
•Tiis NswYwk Stets Etsvironmsnta! CorssaEvstHm Law (§§ 1-
0101,3-0301,19-0103,19-0105,19-0305,19-0311) provides the
New York DEC's authority.
SJ.5101 Providing iitesntm to Sup|5ort Bsnswsbfci £»srgy,
This bill establishes production incentives and economic multi-
pliers for renewable energy.
References
Broehl, J. fed.}. 2005. Washington Passes Progressive Energy Legislation. New
Germany-Style Production Credit Should Spur Regional Clean Energy Market
Renewable Energy Access. May 10.
jiliia^iM^siifiiiiiiiiiiii
Brown, E., P. Quinlan, H.M. Sachs, and D. Williams. 2002. Tax Credits for Energy ff|^?/^s^;^g^i^^^fj!;^K^^|;^p«-.!
Efficiency and Green Buildings: Opportunities for State Action. Report IE021. ACEEE. |:;s;«;x*«'i^PiK?i«K?i:™;'i:S:pf ;';Ki:!;iK|:!;i||||«|Wi|i.;j
March.
CALMAC. 2005. CALMACWeb site.
CEC. 2005a. California's Emerging Renewables Program Rebates. CEC.
CEC. 2005b. Database for Energy Efficient Resources (DEER). CEC. Accessed
2005.
CEC.2005c. Emerging Renewables. CDC.
i CPUC. 2005a. Evaluation, Measurement and Verification. CPUC.
CPUC. 2005b. CPUC Self-Generation Incentive Program. Fourth-Year Impact Report, |^piSip^S^i^^ii^^
Final Report. Southern California Edison and The Self-Generation Incentive Program Ki^fiifi^Rsi^^j^os^i^niiS"^!]^^^^;™;^^
" '
Working Group. April.
DSIRE. 2005a. Financial Incentives. DSIRE.
DSIRE. 2005b. Rebate Programs. DSIRE.
L
Chapters. State Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
OSIRE. 2006a. Loan Programs for Renewables. DSIRE.
DSIRE. 2006b. Grants for Renewable Energy Technologies. DSIRE.
I;'! S^j^wwSjii r 921-5990.
Energy Cooperative. 2005. Solar Power. Energy Cooperative Web site. i:;:pp;^^pp?Pi^p§|;^j>3^>^|p^i'| {
EPA. 2004. Integrating State and Local Environmental and Energy Goals: Energy
Performance Contracting. Fact Sheet. EPA. September.
EPA. 2005a. A Toolkit for States: Using Supplemental Environmental Projects (SEPs) Jlfyej#w^§s3^;M£:l^
to Promote Energy Efficiency and Renewable Energy. EPA. January.
PA. 2D05b. Partner Resources. CHP Partnership Web site. EPA. I^StS^V^^^l^§{i^b)iiipjp;d^^^1"^^^
K^Kiy&y:^:?;^^f:;WK::';t:^S^^y^v-^-yi
EPA 2005c. Fact Sheet The Federal NO Budget Trading Program, EPA web site
EPA 2005d. State Set-Aside Programs for Energy Efficiency and Renewable Energy \^^fls^^img^^^^^
Projects Under the NOX Budget Trading Program: A Review.of Programs in Indiana, j|;|^hg^|^ti^li!J^liijyi^lilPP?f^P^=i.':i!
;, and Ohio. Draft Report. m^xifHyf 1 illl:Pli:M^pp:-^P^:l1
^e^;v'~^^X%W:i~;~V:aV^^
Maryland, Massachusetts, Missouri, New Jersey, New York,
EPA. September.
EPA ZOOSe. Rule to Reduce Interstate Transport of Fine Particulate Matter and
Ozone (Clean Air Interstate Rule); Revisions to Acid Rain Program; Revisions to the
NO, SIP Call. EPA, pp. 580-581. ' '
ESC. 2005. PC Activities by State. Energy Services Coalition Resources and
Information Web site.
IPMVP. 2005. The Efficiency Valuation Organization. IPMVP Web site.
LBNL 2001 Analyzing the Interaction Between State Tax Incentives and the Federal i;;h^^iiJ;i§.§is^|^fMl^^i/S|4SS;iJ^
Production Tax Credit for Wind Power. LBNL-51465. Prepared by R. Wiser, M. jPli^OlPPl^^i-tfl:f^^l^^^;i:
Bolinger, and T. Gagliano for the Ernest Orlando LBNL September. K^^yjy^K^^^M^-'^-^M^M
Montana DEQ. 2005. Alternative Energy Loan Program. Montana DEQ Web site.
j New Jersey. 2005. New Jersey's Clean Energy Prog ram (NJ CEP) Web site.
NREL 2003. A Different Kind of "Deal": Selling Wind As Environmental Compliance. |H^Vi^^^^^^V^^if^^st^9^.t^^|
NREL/CP-500-33977. Prepared by C. Tombari and K. Sinclair for NREL Golden, CO. |ill^liPl^miy^^||^^g^|iJ
^?^?X:^2:?^£v~?*""^"~™?^Z£2:*"??tt?;3
NYSERDA. 2004. New York Energy Smart Program Evaluation and Status Report,
May, Section 9.4 DG/CHP. NYSERDA.
Oregon DOE. 2005a. Oregon BETC. Oregon DOE Conservation Division, Salem.
Oregon DOE. 2005b. Personal communication with Charles Stephens, Oregon DOE,
July 8,2005.
Section 3A Funding and Incentives
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Sr»TE PIRTNERSHIP
Pennsylvania DEP. December 6 2005. Governor Randall's Energy Harvest Program
Investing $6 Million in Pennsylvania's Future.
Prindle, B. 2005. Personal communication with Bill Prindle, American Council for an
Energy-Efficient Economy, July 29,2005.
Texas PUC. 2005. Measurement and Verification Guidelines. Texas PUC.
U.S. DOE. 2005. Texas Revolving LoanSTAR Conservation Update Feature Story. DOE,
EE/RE, State Energy Program Web site. January/February.
Washington. 2005. Special Notice: Tax Incentives for the Production of Solar,
Methane and Wind Power. Washington State DOR. June 16.
Washington HB 2247.2001. Washington's Engrossed House Bill 2247-Energy Audits.
Webster, L 2003. Measurement & Verification Resources and Training Opportunities.
Prepared for DOE FEMP. Revision 5, June 16.
Chapter3. State Planning and Incentive Structures
-------
xsss
:er 4.
Energy Efficiency Actions
Saving energy through energy efficiency improve-
ments can cost less than generating, transmitting,
and distributing energy from power plants and pro-
vides multiple economic and environmental benefits.
States have adopted a number of policies that sup-
port cost-effective energy efficiency programs by
removing key market, regulatory, and institutional
barriers that hinder investment'in cost-effective
energy efficiency by consumers, businesses, utilities,
and public agencies. This chapter presents in-depth
descriptions of four policies that states have used
to support greater investment in anc! adoption of
energy efficiency.
The policies summarized in Table 4.1 on page 4-2
were selected from among a larger universe of ener-
gy efficiency strategies because of their proven
effectiveness and their successful implementation by
a number of states. The information presented in
each policy description is based on the experiences
and best practices of states that are implementing
the programs, as well as on other sources, including
local, regional, and federal agencies and organiza-
tions, research foundations and nonprofit organiza-
tions, universities, and utilities,
Table 4.1 also lists examples of some of the states
that have implemented programs for each policy.
States can refer to this table for an overview of the
policies described in this chapter and to identify
other states that they may want to contact for addi-
tional information about their energy efficiency pro-
grams. The For More Information column shows the
Guide to Action section where each in-depth policy
description is located.
in addition to these four policies., there are a number
of other policies that states are adopting to (1)
ensure energy efficiency programs are adequately
i Lead by Example
• Section 3.1
I State and Regional Energy Planning
Section 3.2
I Determining the Air Quality Benefits of Clean
i Energy
• Section 3.3
| Funding arid incentives
Section 3,4
iiiijiiiK
i Renewable Portfolio Standards
| PBFs for State Clean Energy Supply Programs
i Output-Based Environmental Regulations to
iSupport Clean Energy
I Interconnection Standards
I Fostering Green Power Markets
I Portfolio Management Strategies
i Utility Incentives for Demand-Side fissources
! Emerging Approaches: Removing Unintended
I Utility Rate Barriers to Distributed Generation
Section 5.1
Section 5.2
Section 5.3
Section 5.4
Section 5.5
Section 6.2
Section 6.3
funded, (2) allow energy efficiency to compete in the
energy marketplace, (3) integrate energy efficiency
measures into energy and air quality planning, and
(4) lead by example by improving energy efficiency
and lowering energy costs within state government
operations. These policies are addressed in other sec-
tions of the Guide to Action as described below. The
chapter links go directly to the in-depth descriptions
of the policies contained in this guide.
Chapiter 4. Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepubiicatiori Version)
Lead by Example programs provide opportunities
to improve energy efficiency within state build-
ings, fleets, and equipment purchases (see Section
3.1).
Stale and Regional Energy Planning activities help
states identify opportunities to incorporate energy
efficiency measures as a way to meet future load
growth and address otherenergy related concerns
(see Section 3.2).
Determining the Air Quality Benefits of Clean
Energy describes how to incorporate the emissions
reductions from energy efficiency into air quality
planning and related activities (see Section 3,3).
Funding and Incentives describes additional ways
states provide funding for energy efficiency
through loans, tax incentives, and other funding
mechanisms {see Section 3,4).
Portfolio Management Strategies include proven
approaches, such as Integrated Resource Pianning
(IRP), that, place a. broad array of supply and
demand options on a level playing fieid when
comparing and evaluating them in terms of their
ability to meet projected energy demand. These
strategies highlight and quantify the value of
energy efficiency and clean distributed generation .
as a resource to meet projected load growth (see
Section 6.1).
Utility Incentives for Demand-Side Resources pres-
ents a number of approaches (including decoupling
and performance incentives) that remove disincen-
tives for utilities to consider energy efficiency,
renewable energy, and clean distributed genera-
tion (DG) equally with traditional electricity gener-
ation investments when making electricity market
resource planning decisions (see Section 6.2).
4.1: Energy Effi&isncy PQilcles and
Emrgy Efficiency
PtfrtftKiEJ StandanJs
lEEPS)
jSimilar to Renewable Portfolio Standards (sets Section
15.1), EEPS direct energy provides to meet a specific por-
jtictn of their tilectdcHy dotnand through energy (-fficiericy.
jSeven states have direct or indirect EEPS requirements.
Public Benefit Rmd*
Effeisrtey
i PBFs for energy efficiency are a pool of resources used
I by states to invest in energy efficiency programs and
i projects and are typically created by levying a small
I charge on customers' electricity bills.' Seventeen states
I have established PBFs for energy efficiency.
es for Energy i Building energy codes establish energy standards for res-
jidential and commercial buildings, {hereby setting a mini-
jmurn level of energy efficiency and locking in fu'.ure ener-
jgy savings at the time of new construction or renovation.
i More than 40 states have implemented some level of
I building codes for residential buildings and/or commer-
j eial buildings.
Bftenmcy Standards
i State appliance efficiency standards set minimum energy
i efficiency standards for equipment and appliances that
iare not covered by federal efficiency standards. Ten
I states have adopted appliance standards.
CA,U,NJ,NV,PA,7X
CA,NY.OR,W1
AZ, CA,OR,WA,TX
CA. CT,NJ,NY
Section 4.1
Section 4.2
Section 4.3
Section 4.4
Chapter 4, Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version) .. J
4.1 Energy Efficiency Portfolio
Standards
Policy Description and Objective
Summary
A growing number of states are adopting Et'PS," or
similar provisions, to ensure that cost-effective ener-
gy efficiency measures are used to help offset grow-
ing electricity demand. Similar to renewable portfolio
standards (RPS) already in place in 21 states and
Washington, D.C. (see Section 5.1, Renewable
Portfolio Standards), EEPS require that energy
providers meet a specific portion of their eiectricsly
demand through energy efficiency. EEPS are intended
to help overcome the various barriers that keep utili-
ties and other players from investing in cost-effec-
tive energy efficiency that several studies predict
could meet, up to 20% of the nation's energy
demand, or about half of the expected demand
growth (Nadel et al. 2004). States have found that
establishing explicit targets, based on sound analysis
of-technical and economic potential, can help reduce
energy demand as well as lower electricity prices, cut
emissions, help address concerns with system relia-.
bility. and provide other energy-related benefits (see
Chapter 1. Introduction and Background, for more on
the benefits of energy erficiency).
EEPS designs vary by state and include targets that
range from the equivalent of a 10% to a 50% reduc-
tion in energy demand growth. EEPS were first set. in
Texas as energy efficiency goats under their 1939 .
restructuring rules. Texas required utilities to use
energy efficiency to meet 10% of their demand
growth in by 2004. California adopted annual energy
savings goals for 2004 to 2013 for their four largest
utilities covering both electricity and natural gas
providers (the only state to include both). California's
targets, set in terms of kilowatt-hours (kWh) and
therms saved based on percentages of tota! sales, are
Effectively designed Energy Efficiency
Portfolio Standards (EEPS) can help ensure
that cost-effective energy efficiency oppor-
tunities are pursued to help manage electric-
ity demand growth, lower overall and peak
electricity prices, cut emissions, and address
concerns with reliability,
expected to reduce demand growth by more than
50% for electricity and more than 40% for natural
gss, Connecticut, recently required its energy
providers to meet a portion of their supply (i.e., 1%
in 2007 growing to 4% by 2010) from distributed
resources, including energy efficiency from commer-
cial and industrial facilities, load management, and
combined heat and power, Illinois recently adopted
voluntary EEPS that call for energy efficiency to
meet 25% of electricity demand growth by 2015.
New Jersey is examining EEPS based on kWh saved
as a component of its public benefits fund (PBF) pro-
gram (see Section 4.2, Public Benefits Funds for
Energy Efficiency). Pennsylvania includes energy effi-
ciency as one option for meeting its Alternative
Energy Portfolio Standard. In at least two states,
.Hawaii and Nevada, utilities can use energy efficien-
cy to meet some or all of their requirements under
an RPS (see Section 5.1, Renewable Portfolio
Standards).
While the benefits of energy efficiency measures are
•well documented, Texas is the one state in which
standards have been in place long enough to meas-
ure results from an EEPS approach. The 10% reduc-
tion in load growth goal was exceeded in 2004 and,
in that year, Texas saved more than 400 million kW'h
at a cost of $82 million, for a net benefit, of S76 mil-
lion to date (Gross 2005b). The cumulative effect of
California's 10-year EEPS is estimated, by 2013.. to
result in annual savings of over 23,000 gigawatt-
hours (GWh) electricity and 400 million therms natu-
ral gas. Peak electricity demand savings are expected
to top 4,800 megawatts (MW) (CPUC 2004). The
8 In this Guide to Action, ibe term "Energy Efficiency Portfolio Standards" covers a variety of terms including portfolio standards and resource acquisi-
tion requirements and goals.
Section 4.1, Energy Efficiency Portfolio Standards
-------
EPA Ciaan Energy-Environment Guide to Action {Prspublicstion Version}
Illinois EEPS is estimated to save more than 5,600
GWh by 2017. The energy savings will reduce energy
costs for consumers, including significant, reductions
in prices for natural gas.
Objective
EEPS are intended to overcome barriers to investing
in cost-effective energy efficiency. A number of
recent studies have indicated that technically feasi-
ble, economically viable, but as yet untapped, energy
efficiency measures could meet up to 20% of the
nation's energy demand, or about hair of the expect-
ed demand growth {Nadel et al. 2004). However, in
many states, market barriers, regulatory disincen-
tives, or insufficient information about the benefits
of energy efficiency keep utilities and other players
from investing in cost-effective energy efficiency to
its full potential. States have found that establishing
an explicit, mandatory target, based on sound analy-
sis of technical end economic potential, can help
overcome these barriers. In some cases, states have
combined EEPS with additional policy measures such
as PBFs and rate adjustments that decouple utility
sales and profits to help further address these barri-
ers. (See Section 6.2, Utility Incentives for Demand-
Side Resources.)
Benefits
By increasing investments in cost-effective energy
efficiency. EEPS can achieve modest to significant
reductions in both electricity and natural gas
(depending upon the level of the target). Associated
with the reduction in power demand are additional
benefits including: lower energy bills, reduced air
poilutant and greenhouse gas emissions, reduced
strain on power grids, and lower wholesale energy
prices {see Chapter 1, Introduction and Background.
for more on the benefits of energy efficiency).
Beyond the benefits tied to reduced energy use,
states have found EEPS have a number of particular
advantages as a policy approach including: simplicity,
cost-effectiveness, specificity, economies of scale,
and economies of scope.
• Elec.tric.ity Savings. The amount of electricity sav-
ings from EEPS depend on the level and timing of
the EEPS targets, how the target is expressed, the
actual level of demand growth, and other market
forces. In the electricity sector, [-EPS goals cur-
rently range from 10% of forecast electricity sales
growth (e.g., in Texas) to almost 1% of total elec-
tricity sales annually (e.g., in California where this
amounts to more than 50% of projected growth).
See Table 4.1.1 on page 4-5 for a summary of cur-
rent targets.
Natural Gas Savings. EEPS for natural gas
providers, such as the one adopted by California,
will help reduce direct natural gas use. In addition,
EEPS for electricity can help reduce natural gas
used in electricity generation. In general, one unit
of electricity saved through energy efficiency saves
about three units of natural gas used for electrici-
ty generation due to generation and transmission
losses. This makes saving natural gas through elec-
tric energy efficiency very cost -effective. A recent
study shows that the majority of cost-effective
natural gas savings would come through electrici-
ty end-use efficiency investments (Elliot et al.
2003),
Simplicity, EEPS create a straightforward resource
acquisition target for energy providers.
Cost-effectiveness. Setting an energy efficiency
requirement without explicitly setting aside a pool
of funds challenges electricity providers to meet
the goal in the most cost-efficient mariner. This
can be reinforced through appropriate funding and
cost recovery mechanisms, as noted on page 4-8.
Specificity. 8y articulating a specific, numeric tar-
get, Et".PS can be effective in illuminating how
much energy efficiency will contribute to reaching
goals of energy demand reduction as well as emis-
sion reductions arid other public policy goals.
Economies of Scale. The macro-level targets inher-
ent in EEPS allow energy providers to aggregate
savings across enough end-uses and sectors to
meet the overall savings goals cost-effectively.
This helps address a fundamental barrier to energy-
efficiency resource development: the distributed
nature of energy efficiency resources. Securing
substantial energy efficiency gains in every end-
use and use sector involves millions of homes,
offices, factories, and other facilities and thus can
Chapiar 4, Enargy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version)
Clous I »«syB«Jr«ii»«
S!*TE PANTNF.ASHI?
be difficult when approached at a micro-level.
States sometimes designate an aggregator, such as
a distribution utility, with the responsibility for
reaping these savings as a means of overcoming
this obstacle. On the'administration side, EEPS
aiiow a state to bundle energy efficiency opportu-
nities, and set overall goals for procuring energy
efficiency within the state, coordinating the
process and simplifying compliance evaluation.
States with Energy Efficiency Portfolio
Standards
As noted in the previous section, EEPS designs vary by
state and include targets that range from the equiva-
lent of a 10% to a 50% reduction in energy demand
growth. Seven states have adopted E.EPS. either direct-
ly or indirectly {see figure 4.1.1). Texas and California
have EEPS in place; Connecticut recently enacted 8
Distributed RPS that includes energy efficiency, load
management., and combined heat and power; Illinois
recently adopted a voluntary EEPS; New Jersey is
examining EEPS as a component of its PBF program;
Pennsylvania! includes energy efficiency as one option
for meeting its Alternative Energy-Portfolio Standard
(AEPS); and in-Hawaii and Nevada, utilities can use
energy efficiency to meet some or all of their require-
ments under an RPS, In addition, several states with
PBFs have conducted energy efficiency analyses,
potential studies, and goal-setting exercises, but ener-
gy efficiency goals have not been prominently fea-
tured. See Table 4.1.1 on page 4-6 for more details.
EEPS policies have been developed primarily in states
with restructured utility markets, generally as a par-
tial replacement for the Integrated Resource
Planning (IRP) requirements that were removed as
part or restructuring. California, which suspended its
restructuring policy after its 2001 electricity experi-
ence, is an exception, as are Hawaii and Nevada. In
restructured markets, the EEPS approach is being
integrated into broader energy resource planning
activities such as portfolio'management, described in
Section 6.1, Portfolio Management. Strategies. Under
the IRP framework in .place in most traditionally reg-
ulated states, efficiency investment levels are typi-
cally be based on the total level of savings that can
Figure 4.1,1: States That Hsva Adopted or Are
Developing EEPS
!-r.aijiy Efficiency 83 I
feitfoto Standards i
Adoptsci
be acquired within the bounds of economic criteria.
States use similar kinds of economic analysis to
develop estimates of efficiency potential in the
process of setting EEPS goals. The difference is that
the EEPS process tends to set goals in an aggregate,
top-down fashion, whereas regulated utility pro-
grams are typically developed on an individual, bot-
tom-up basis.
Designing an Effective EEPS
A number of key design issues have emerged from
t'.EPS efforts to date or are centra! to the design of
any efficiency program, including: who participates
in different aspects of the process; how to set 3 tar-
get, including its coverage, timing, and duration as
well as what analysis to consult; potential funding
sources, and how the policy interacts with federal
and other state policies. Although there are only a
few EEPS in place, they share 3 number of character-
istics that other states have considered when design--
ing a program. States have also drawn upon their
own past experience with designing and administer-
ing energy efficiency programs.
Participants
• State Legislatures. In many states, legislation i?
required to enable the setting of EEPS targets.
is
Section 4.1, Energy Efficiency Portfolio Standards
-------
EPA Clean Energy-Environment guide to Action (Prepubiication Version)
5T*ff '4R1SERSHIF
Tsbte 4.1.1: Current srid Pending Stats £EP3
California
Connecticut
Hawaii
Illinois
| New Jersey
Nevada
Pennsylvania
Texas
Sets specific energy and Investor-owned utiii-j Savings goals set for each pro- J2004-2C13 Annual
demand savings goals ties (lOUs) j gram year from 2004 to 2013 - | megawatt-hours
JThe savings target for program - l 23,1 83 GWh 4,885 MW [teak j
!• 444 MMtherms (million |
j therms) j
Includes energy efficiency at iOUs
commercial and financial facili-
ties as one eligible source under
its Distributed RPS (also
includes combined heas and
power and load management
programs}
Allows efficiency to qualify as a iOUs
resource under RPS
requirements
Will set goals as percentage of IOUs .
forecast load growth
i Savings goals set for the begin- i
i ning of each program year: j
ft*
!2%
13%
14%
J2097
12008
j2pi - -
2010 and thereafter
|20%ofkWhsa!es (overall RPS 12020
j target, energy efficiency portion j
j not specified)
15%
20%
25%
J200fl~2011
t
12015-2017
Wilt set energy and demand PBF program admin- j 1814 GWh {four-year total) 2005-2008
goals for overall FSF program istrators I based on I
competitive solicits- i
tion; originally it was i
IOUs) i
Redefines portfolio standard to IOUs
include energy efficiency as well
as renewable energy
includes energy efficiency as IOUs
part of a two-tier AEPS
Sets goals as percentage of lOUs
forecast load growth
I Energy efficiency can meet up to
1 25% of the energy provider's
portfolio standard:
ti%
9%
[15%
'20%
"43%
62%
§2%
100%
.10%
(200&-28S6
i 2007-2008
^2009-2610
]2011»-2012
J20J3 2014
1201 5 and thereafter
|Y«srsM^
I Years 5-9
^Yes's 1G-I4
i Years 15 and thereafter
^2004 and thereafter
i
Source: S*s
infotwsiiiM ftmsixuvss ssstion SR psgs 15.
Chapter 4. Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action jPrepubllcatfon Version) , A
Legislatures-have either set. E.EPS targets in legisla-
tive language or directed an executive agency to
do so. In either case, states have clearly designat-
ed an executive agency to work out details and
administer implementation of the targets.
• Public Utility Commissions (PUCs). PUCs in many
other states have the authority to set EEPS direct-
ly. PUCs are a likeiy agency to administer EEPS.
given their oversight role of utility markets.
* Utilities. Givers the direct impact on the utility sec-
tor, legislatures and PUCs have sought input on the
impacts on-utility profitability and ongoing opera-
tions when designing an EEPS, as well as develop-
ing accompanying ratemaklng and other regulatory
policies. Utilities may directly implement the ensu-
ing energy efficiency programs or states may
require them to utilize energy service companies.
Efforts typically include standard offer or market
transformation programs (see description of Vexas
program on page 4-13 for more detail).
* Customers/General Public. States have created
public comment processes to help inform topics
including potential costs/economic impacts and
benefits, Including health benefits and other
effects of reduced emissions, ;
• Public Interest Organizations. Groups representing
consumers, environmental interests, and other
public interests have been involved to offer tech-
nics! expertise as well as public perspectives.
Setting a Target
Under EEPS, a state.utility commission or other regu-
latory body specifies numerical energy savings tar-
gets that electricity service providers must meet, on
an annual and sometimes cumulative basis. EEPS can
be set as a percentage of load growth or base year
sales, or as a fixed number of units of energy savings
(e.g., kWh), the tatter having the advantage of the
actual energy savings being known in advance.
Targets can also cover peak electricity demand (e.g.,
MW capacity}, The appropriate EEPS target depends
upon a number of factors including the economically
achievable energy efficiency potential, funding avail-
ability, emission reduction goals, and other issues
including how to treat any existing energy efficiency"
requirements (e.g., if a robust PBF program or utility
program is in place). Key issues to consider include
determining how and what analysis to conduct,
establishing coverage, deciding the timing and dura-
tion of the targets and addressing funding and relat-
ed cost recovery issues.
Analysis of Efficiency Potential and
States have set EEPS based on solid analysis ?ind pro-
gram experience within the state or in states
believed to be comparable. The analysis typically has
included a robust study of energy efficiency potential
(technically, economically, and practically
achievable9}, combined with a review of past pro-
gram experience with energy efficiency measures.
California's electricity EEPS are designed to capture
70% of the economic potential for electric energy
savings over their 10-year period. California's natural
gas fF.PS are designed to capture approximately 10%
of the maximum achievable potential, in recognition
that the need to ramp up efforts may take longer
than on the electric side.
in addition to estimating efficiency resource poten-
tial, states have estimated other benefits such as
expected emission reductions, reduced power prices
and totai power costs, and net. economic benefits
such as increased gross state product and increased
jobs and wages, using powe-r-sector models and eco-
nomic impact models (see Chapter 2, Developing a
Clean Energy-Environment Action Plan, and Section
3.3, Determining the Air Quality Benefits of Clean
Energy}. California's goals were established by con-
sidering both per capita energy reduction goals and
cost-effectiveness at various reduction levels.
9 These are tiers that represent what is first, technically achievable, and of that subset, what is second, economically achievable, and cf that subset,
finally, what is practically achievable.
Section 4.1. Energy Efficiency Portfolio Standards
-------
EPA Clean Energy-Environment Guide to Action (Prspublication Version}
f. ft.K1Uf.KHtf
Coverage
The coverage of an EEPS depends on-the entities
under the slate's jurisdiction, in the majority of
states, state utility commissions typicaily do not
have authority to set requirements for municipal,
federally owned, or rural cooperative utilities
(although many states do have authority}. For this
' reason, EF..PS requirements tend to be assigned to
investor-owned utilities. Most EEPS have covered
electric utilities atone, although California has set
sayings goais for both electric and gas utilities.
Stales have sometimes included provisions to ensure
that the energy efficiency measures used (and hence
the energy bill savings) are distributed among cus-
tomer classes (e.g., residential, industrial, commer-
cial) and income levels.
Timing and Duration
Determining the timing and duration of EEPS
includes considering the time it can take to achieve
energy savings. Generally only a portion of the total
energy savings potential can be realized in a given
year because of the length of market cycles, limits on
funding, and other real-world considerations.
Reviewing regulator/ compliance deadlines and the
achievable efficiency potentials for specific years can
Help inform these considerations.
Funding
Establishing regulatory mechanisms and/or funding
sources for utility or public programs to help achieve
the efficiency resource goals is-another key issue
states have encountered. Different approaches have
included one or more of the following: utilizing
resources under a state PBF, allowing for cost recov-
ery as part of utility rates.-providing direct funding,
and establishing regulatory provisions that, decouple
utiiity profits from sales volumes {see Section 4.2,
Public Benefits Funds for Energy Efficiency, and
Section 6.2, Utility Incentives for Demand-Side
Resources),
Program design may or may not involve defining how
funds will be raised, soent, and accounted for in
retefced j& EEPS gtsate. I a ffels e«nfisa, fees* fttaefite$ ;
inekate: " >
* Obtain tsjj-levei eosttsitmarittG EEPS as s srafe pei-
ey goal, Sifsugh ths iegistatars, atiii
Use strand
economfe
fef tfee EEPS
«ifffet
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Interaction with Federal Policies
A variety of federal programs, partnerships, and
technical assistance are available to help states
achieve their energy efficiency goals. The ENERGY
STAR program, for example, offers technical specifi-
cations, certification processes, and market develop-
ment assistance to states and other partners for a
range of products and whole-building solutions. (See
Section 4.2, Public Benefits Funds for Energy
Efficiency, for a broader discussion of ENERGY STAR
activities.)
As with other energy efficiency measures, to the
extent that EEPS produce verifiable capacity savings,
they can have favorable rciiability and resource ade-
quacy, implications reflected in federally' jurisdictions!
wholesale markets overseen by Federal Energy
Regulatory Commission (FERC), North American
Electric Reliability Council (NERC) and the regional
reliability organizations, regional transmission organ-
izations (RTOs). and transmission owning companies.
Interaction with State Policies
EEPS can complement other energy efficiency poli-
cies and serve as a framework for a suite of policies
and programs, EEPS can be goals for P8r-supported
programs or. can be additional resource goals beyond
savings realized through PBF programs. In addition,
some states with,EEPS have allowed utilities to
recover costs through raiemaking procedures (sea
Texas example on page 4-13). in some cases, states
have pursued decoupling policies to address adverse
revenue and profit impacts on investor-owned utili-
ties from EEPS implementation (see Section 6.2,
Utility Incentives for Demand-Side Resources),
Program Implementation and
Evaluation
The implementation of an EEPS occurs primarily
through designated utilities «nd other energy servic-
es providers. However, continued stats involvement is
important in overseeing the development of imple-
mentation rules and may be important in ensuring
the necessary funding is available. In Texas, for
example, where the electric distribution utilities must
meet the EEPS goals, the utility commission Is
actively involved in determining how resources can
be acquired, including defining the means by which
covered entities are allowed to comply with goals;
defining and implementing reporting requirements;
and defining measurement, verification, and other
evaluation methods by which compliance will, be
determined.
Meaurement and verification (M&V) is a key aspect
in evaluating EEPS. In particular, where EEPS are tied
to tradablc (energy efficiency) credits, robust meas-
urement and verification is critical to maintaining
credibility for the market and commodity. (See the
Approaches to Measurement and Verification [M&V]
box on page 4-10 for more detailed information on
the approaches states are using for M&V.)
It is also likely that some form of oversight will be
needed in the implementation'of EEPS. States have
decided to establish official oversight or advisory
bodies, typically composed of stakeholders who peri-
odically review the EEPS program to determine
whether its goals are being met, whether its goals
should be renewed or adjusted, and whether other
aspects of implementation need modification.
Use s cteaf basis tor sssssstsg compliance,
ftere^sar eyelef f& adjusHar changes Is -
growfe, astasi savings, and resufcs «f
geafe t&tfst b& av&f snd ab&ve any existing
prQgfSffiCQretnijtrnants.', ' '/
Coordfcrats ES^S >«*th waffe&ttfaftslorajation pro-
jnsrket changes iftst are o«eded to reach ^EPS
gesfe,
* Easure tist eteetrbfo? sad ssfcraJ gss dsrssraHom-
fcasts usstl tn sapply-sftl-s resaurea Jsfsags Fefe«ttf«
Section 4.1. Energy Efficiency Portfolio Standards
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version)
The flam pri
fyjsg energy &fficfeH$y nraassfes
asd veri-
ugrffjggti&n fchattke anwgy «ffi-
• c«msy njeastire has feseri tnstaifsd and car* be attrib- ;
'
ean Crowds as atfB&rsfg estltngts af avotdes
c&nsafftfJtlen \vfjtSs itilfifirtefng ths cstnplsjdty snd cost
. However, ft ia »ost spprspfkis fer
iis$ witi simaisr fneijsums whose parfor^a^ce char-
use
rsteed Bfs&fgy a«3$e csri fee easity safeuisted faaserfctrt
^
ss. 1
: rstes, *r$e fidsrs,
Dther issuas tNst 6 an modtfytotai snergylffi pacts, ffeW
.,..
; fergef ssd st^re c«mp!ex frsargy*iffct8ficy f
• The
Is eyrrsnHy ffianaged £y a ncmamtft Brganlzatfeo that Is
csntbtj a% deveiBplRg asw ssetfeas lor pufeBe ationi as
states use the*r
2^J5}, CsKferni* a&o matma^a jsrclBct-speslfle
resources smits CaSiom^a
» Orasw en «tier states*
de«ffi«ff savings, iffvlVP. California,tisasstarewtife
{sea " ,
is sddfttea to ^iisststaifes impaer evali;8tiB«f
iatanabfes.,,
at appropriate intarvais, sc tfeat agsncycvafssars
prsgram l«n^»gv.
State Examples
California
California's fir-PS emerged from the state's "post-
restructuring" resource planning process. Following
the state's 2001 electricity problems, the Legislature
and the CPUC reviewed the state's overall utility
resource pi?;nning process and decided to re-engsge
investor-owned utilities in managing a portfolio of
resources to meet customers' needs, including pro-
cureinent of energy efficiency resources. The CPUC
also adopted "decoupling" ratemaking mechanisms
that break the link between the utilities' revenues
and sales, removing disincentives for utility invest-
ments in energy efficiency (See Section 6.2, Utility
Incentives for Demand-Side Resources}
Chapter 4. Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version}
The California E.F.PS sets ambitious energy savings
goals for both electric and gas utilities. Taking direc-
tion from the California Energy Action Flan (EAP) and
extensive analysis of the economic and achievable
potential for energy efficiency, as well as considera-
tions of extensive stakeholder input, the CPUC
adopted annual energy savings goals for the state's
four largest iOUs. Utility procurement funds are allo-
cated. In addition to California's existing PBF, Lo
achieve these goals and goals for cost-effective effi-
ciency resources. Each IOU acts both as a portfolio
manager and program administrator. In doing so, the
IOUs assemble their respective portfolios and seek
approval for them from the CPUC. The energy effi-
ciency portfolio of programs must meet California's
cost-effectiveness tests, and funding source (pro-
curement vs. public benefits) is not. s determining
factor in approval by the CPUC. The rules that govern
al! aspects of portfolio management and program
administration are found in the CPUC policy manual.
The energy savings goals were adopted by the CPUC
and established through a collaborative effort with
the California Energy Commission (CtC) and with
input from key stakeholders (e.g., utilities, environ-
mental groups, and businesses) (CPUC 2004).
Energy efficiency goals are targeted for each year
from 2004 to 2013. The cumulative effect of the pro-
grams funded from 2004 to 2013 is estimated to
result in annual savings in program year 2013 of
23,183 GWh; 4,885 MW of peak demand; and 444
MMtherms natural gas. These 10-year goals are pro-;
jected to meet 54% to 5S% of the IOUs' electricity
sales growth by 2013 and 44% of natural gas sales
growth. Program administrators from each IOU are
required to submit energy efficiency program plans
and funding levels to the PUC.
Also included in the EAP adopted by the CPUC and
the CEC, a "loading order" for energy resources was
established in which cost-effective energy efficiency
and conservation resources are to be selected first,
followed by renewable generation. Fossii-fired gener-
ation is acquired to meet any remaining resource
needs. The EEPS policy and PBF programs were
merged, and are largely administered by utilities arid
implemented by a wide range of both utilities and
non-utilities. Utilities supplement PBF through utility
procurement funding to ensure that, the fi'PS goals
are met. The utilities are required to reduce their
demand forecasts to reflect, the adopted energy effi-
ciency savings goals and so are further motivated to
ensure the reductions are achieved. The utilities'
achievements will be subject to rigorous evaluation,
measurement, and verification overseen by the CPUC.
Web sites:
http://www.cpuc.ca.gov/staiic/indiJSiTyelscLric/
htts://wwvv.cp:jc.ca.Qov/PUBLiSHED/
FINAL.DEC!SiONA«G212.htro
htto://wwwxcuc.ea.gGv/?UBLISHED/REPORT/.
28715.htm
Illinois
The iiiinois Sustainable Energy Plan recommends an
energy efficiency portfolio standard that will meet
25% of projected annual load growth by 2015-2017.
The Illinois Commerce Commission (ICC) (equivalent
to a state PUC) recently adopted a resolution adopt-
ing the proposed plan with some modifications.
including moving the start date from 2006 to 2007..
to allow for more time to develop market-ready
resources and to better align the effort with the tim-
ing of related regulatory provisions (the plan itself is
voluntary), it has been estimated that the Illinois
Sustainable Energy Plan, including the EEPS, will
save more than 5,600 GWh, generate more than S2
billion in investments in Illinois, and create about
2..000 construction jobs and hundreds of permanent
jobs (ICC 2005 and ASE 2005).
The Illinois EEPS is part of a broader effort that
includes an RPS requirement and is intended to gain
the combined benefits of reduced demand growth
and increased clean generation. This twin approach
has broad support from utilities, environmental and
consumer groups, and other stakeholders.
Web site:
http://www.r8newableen8rgy3ccfiss.com/assets/
down!oad/iilinoisG?iv...RPS.pdf
Section 4.1. Energy Efficiency Portfolio Standards
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version}
Nevada
The Nevada RPS was established as part of the
slate's 1997 restructuring legislation. In an effort to
provide greater flexibility under the RPS, the Nevada
legislature adopted Assembly Bill 3 (A.S.3) during a
special session in June of 2005 to ailow electricity
providers to meet a portion of their RPS require-
ments through energy efficiency measures and
renewable resources, The bill increases the percent-
age of energy to come from energy efficiency and
renewable sources from 5% (under the original RPS)
to 6% from 2005 to 2005 and expands this percent-
age to 15% from 2011 to 2012 and 20% for 2015
and thereafter. Eligible energy efficiency measures
can meet up to 25% of the requirement. Eligible
measures include Loose Lhat are installed on or after
January 1, 2005; located at a retail customer's loca-
tion; reduce the consumption of energy by the retail
customer; and are directly subsidized, in whole or in
part, by the electric utility.
In response to this adjustment, two utilities, Nevada
Power Company and Sierra Pacific Power Company,
have requested approval from the Nevada PUC for
additional funding for their 2005 and 2006 demand-
side management {DSM} programs. This is the second
increase proposed by the utilities Since passage of A8
3. The utilities now plan to spend SI6.2 million on
2005 DSM programs and S30.5 million in 2006. The
2006 budget will Include more than 52 million for
ENERGY STAR appliances and lighting rebates; $1.9
million for recycling of old, inefficient refrigerators;
and $185,000 for ENERGY STAR New Construction
programs.
Web site:
http:/Awvw.nsw?pjtes.org/eie-ctricity/rpsnv.ht.mj
Nsw Jersey
New jersey's PBF program was initially established by
restructuring legislation in 1999. Based on a recent
reevaluation of the program's design and administra-
tion, New Jersey is adding specific resource goals to
its PBF program (NJ8PU 2004). This is a hybrid
approach, in that the .overall program is limited by
the public benefits charge levels set in the authoriz-
ing legislation and is funded tike other public bene-
fits programs, in the past, program administrators
were not required to meet specific resource
gosis-thsir programs were driven primarily by avail-
able funding. Under the new Clean Energy Program
model, the New Jersey Office of Clean Energy will
use energy efficiency to meet overall energy and
demand savings goals within the available funding
limits,
In another revision to the New Jersey PBF program,
administration and delivery of programs will be
solicited competitively (originally, electric utilities
provided program administration and ran the pro-
grams directly) with the winning bidders agreeing to
meet the specific energy savings goals. In this sense,
the New Jersey program has added an EEPS compo-
nent (i.e.. the energy savings goals) to a P3F pro-
gram. However, the EEP$ requirement is not imposed
directly on utilities, but on whatever entity wins the
bid to administer PBF funds.
Web site:
http://v»vtfw.bpu.3tatani.us,''home/BOCieanEn.sfit:nl.
Click on BPU order EX04040276 (12/23/04)
Pennsylvania
Pennsylvania is pioneering another variation of EEPS.
The legislature passed the Alternative Energy
Portfolio Standards Act in late 2004. It creates a
two-tier set. of resource goals for electric utilities.
Tier 1 requires 8% of utility energy to come from
renewable energy sources (e.g., wind power and solar
energy). Tier II calls for a 10% "advanced energy
resource" target that can be met by a mix of other
types of energy resources, including energy efficiency
as well as waste coal generation and hydropower.
AEPS represents a new "hybrid" form of EtPS, in that
energy efficiency is one of several resources listed in
Tier II. In this setting, energy efficiency must com-
pete against the other resource types in Tier II. There
is no minimum level of energy efficiency resources
that must be acquired (Black & Veatch 2004).
The Pennsylvania AEPS design, in which energy effi-
j»- Chapter 4. Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action {Prepubiication Version)
ciency is included as one.of a iist of resource
options, does not ensure that energy efficiency
resources wii! be acquired. Energy efficiency's contri-
bution to the resource portfolio depends on the
availability and relative cost of the resources includ-
ed in the portfolio. Thus, in theory, if energy efficien-
cy is less expensive than other resource options, it
would be acquired in whatever volume is available at
the competitive price. However, limited energy effi-
ciency networks, including providers, and other fac-
tors may prevent energy efficiency From competing
effectively in such a framework. In addition, a lack of
mechanisms to decouple utility profits from sales of
electricity presents a regulatory disincentive. (Sec
Section 6.2, Utility incentives for Demand-Side
Resources}
While a specific assessment of the energy efficiency
aspect of the ALPS has not been conducted, one
estimate indicates it couid provide cumulative eco-
nomic benefits of S2.7 billion in electric savings;
70,000 jobs over 20 years (an average of 3,500 new
jobs annually); and $2,5 billion in additional earnings
(Pletka 2004), Another study identifies 16,000 GWh
of potential savings from efficiency measures includ-
ing energy conservation and energy efficiency meas-
ures. The AEPS requires that energy conservation
measures save energy, thus, direct load control is not
included in the potential total for energy conserva-
tion (Black & Veateh 2004).
Web site:
http:/7www.puc.staLe.ps.iJS/eii=!Ci:ric/eleciTiic...ait...i>r!&r--
gy_.pori...stnt(s.a3px
Texas
Texas was the first state to adopt energy, efficiency
goals for utilities as part of its 1999 restructuring •
law, Senate Bill 7 (S.B.7). This law called for electric
distribution utilities to offset 10% of their forecasted
load growth through energy efficiency by January
2004. following enactment, the PUC worked with
stakeholders to determine the specific programs
through which this target would be reached.
Program templates included the following "standard
offer"10 and "market transformation''^ measures:
• Standard Offer. Commercial and industrial cus-
tomers, residential and small commercial cus-
tomers, load management projects; and hard-to-
reach customer (customers with an annual house-
hold income at or below 200% of the federal
poverty guidelines).
• Market Transformation. ENERGY STAR homes, resi-
dential ENERGY STAR windows, air-conditioner
distributor, and air-conditioner installation infor-
mation and training.
These programs were funded through a bii! charge
included in each utility's transmission and distribu-
tion rates, collecting about S80 million for annual
efficiency program expenditures. Utilities were thus
able to recover costs associated with the program,
including Incentive payments and program adminis-
tration (capped at 10% of total).
Evaluations indicate that the goal of offsetting 10%
of load growth is being exceeded, load growth has
averaged about 2% per year; 10% of this ievel of
growth amounts to about 0.2% of total annual sales
{Gross 2005a). Leading state efficiency programs are
showing impacts as high as 1% of total annual saies.
Projected results include 7,300 tons in nitrogen oxide
(NOX) reductions over 10 years, which Texas esti-
mates is equivalent, to removing 140,000 motor vehi-
cles from the roadway, and energy savings valued at
$25 million per year.
in addition to the statewide EEPS directed specifical-
ly at utilities, Texas broadened its efforts to encom-
pass local governments, in part because Texas con-
tains two severe non-attainment areas for ground-
level ozone and sees energy efficiency as an impor-
tant cost-effective element of its air quality strate-
gy. In 2001. Texas set energy efficiency goals for
local government through Senate Bill 5 (S.8.5)—
known as the Jexas Emissions Reduction Plan). S.B.5
Refer:; to programs where a utility administers a contract with an energy service provider th.it specifies a standard payment based on trie amount of
energy saved through tt;e installation of energy efficiency measures.
Refers to strategic efforts, including incentives and education, to reduce- market barriers for energy efficiency.
Section 4.1. Energy Efficiency Portfolio Standards
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version}
requires 38 iocs! governments to reduce electricity
consumption by 5% a year for five years and report
annually to the State Energy Conservation Office
(Sf.CO).*The Texas PUC and SHCO are working with
local governments and utilities to impfement effi- -
ciency improvement programs and projects, measure
and verify energy savings, and incorporate emission
reductions into loca! air quality pi-ins. The Dallas-
Fort Worth non-attainment area is including efforts
under S.B.5 in its State Implementation Pian (SIP) for
ozone attainment. (See Section 3.3, Determining the
Air Quality Benefits of Clean Energy)
Web sites:
1999 Texas Electricity Restructuring Act:
httD^'/'www.capitol.state.tx.uSf'cgl-bin/dbXwww/
Vla.'biilhisi..'billhist.d2w/repcrt?Li:G - 76&SF.SS -
R4CHAMBER - S&BILLTYPE . BSEILLSUFFIX - 00007
S.3.7:
http://www.cen terpoint.sfficit>ncy,com/aboijt/
http://wwvv.rnccombs.uvex-ji.sdu/ressarorj/bbr/
i3brpub/tbr/pdf/Aug.99.zsr,pd!:
S.3.5:
http:/7vwvw.seco.cpa.sL?jt.e.tx.iJs/sb5report 2004.pdf
What States Can Do
States with either restructured or traditional utility
markets have set EEPS goals for utilities. These goals
can be administered in association with PBFs or reg-
ulated utility efficiency programs. Because the EEPS
approach can support multiple purposes, including
Dean Air Act compliance plans, utility-sector
resource plans, and climate action plans, states can
set EEPS go?ils within the context of broad energy
and environmental policy goals.
Action Steps for States
The key steps to establishing EEPS are:
• Conduct background analysis, including assessing
historical experience and results from past energy
efficiency programs and conducting a robust
analysis of energy efficiency potential, an econom-
ic assessment, of potential benefits and costs, and
a determination of the range of savings targets
that would be realistic for an EEPS.
• Design and develop the'EEPS program by deter-
mining the appropriate goals, the sectors covered
by the goals, the kinds of resources that can be
acquired, and the time frame.
• Define an implementation process that sets rules
and procedures for how resources can be acquired
in Ihe program, M&V requirements, evaluation pro-
cedures, and general oversight.
* Provide for periodic evaluation and program
review at specified intervals.
Chapter 4. Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action {Prepubfication Version)
Information Resources
Information About States
Clean EllNf)f£ti<,1)«!Ut:«:C
SrtTf MRTNF.SSH1!'
California Action Plan, This Web sits contains the text of the California EAR CEC and
CPUC. 2003. California EAP, May B, 2003. CEC and CPUC.
Caiifefftia Intaars&d Energy Policy Report This CEC report iays out policy recom-
mendations for electricity, natural gas, transportation, and the environment CEC.
21303. California integrated Energy Policy Report, December. CEC.
CPUC Ensrgy Efficiency Goals Web sits. This Web site contains information on ener-
gy efficiency potential, including KEMA-Xenergy efficiency potential studies and the
Hewlett Foundation "Secret Energy Surplus" report. CPUC. 2005. Evaluation, M&V.
CPUC.
ilt38& Sustainable EftSfgy ?\&n. This Web site contains the Illinois Sustainable
Energy Plan, as submitted to the ICC on February 11,2C94.
MMm& Ensrgy Efficiency Alancs (MEAA! Comments to illi^ls Ccmfpwee
Commission en fte iinots SfEStsinsbit' ^«rgy fkm, MEAA is a collaborative net-
work whose purpose is to advance energy efficiency in the Midwest in order to stiti-
port sustainable economic development and environmental preservation. It is a
leader in raising and sustaining the level of energy efficiency in the Midwest region.
Ths Penrtsyteia ?UC ASPS Web site, 3)05, This Web site contains information on
legislation, technical conferences, work groups, and genera! information about alter-
native energy sources.
Pfomofins &J»!^y Sffiolensjy irs Califemls, State EE./RE Technical Forum, May 18,
2005. Presentation by Brian C. Prusnek, Advisor to Commissioner Susan P. Kennedy,
CPUC,
Information About Measurement end Vsrification
; torgy-Eflfeient Bssigts AfsplJcaticms. f^iis V^eb sre provides
numeruus resources, rasiging from implementetit-n guidelines to checklists ant! other
resources, to he!p organizations implement an M&V program.
ASHR&E SuideiSne 14-2002, MBasuremftrjt of £nsrgy and 8*ffiand Savisgs, ASriRAfc,
•June W/L
Procsdyres Manual.
CjiUMAC Web sits, California's statewide CALMAC evaluation clearinghouse con-
tains resources for deemed savings and project-specific M&V techniques.
£f8dant Vermont TschnieaS Rst'srsrscs User MsnuaL Vermont provitfeu a set of
deemed-savings methods in this manual.
5strsc.org
Section 4.1. Energy Efficiency Portfolio Standards
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version}
Electric and Gas
2098,
imprownumt Program Bienfiiai Pisn for 2005 sad
i Submitted IQ me Mitmeseta Departmettt of
\ Commerce by Xest Energy, Jutie 1.
SPA report Creating an EmHigy Hffcisrsey and Ranswa&ie Energy Sst-Assds in the
NOX BudgetTradisg Program: Mtmsudng and Vttftyfeg £!»ctf«ty Savings, This forth-
coming EPA report describes key M&V resources.
Evsiuafion, Msasursmsnt and Verification Workshop, The CPUC held several work-
shops on evaluation, measurement, and verification. The primary purpose of these
workshops was to discuss the performance basis, metrics, and protocols for evalu-
ating and measuring energy efficiency programs, including incentive., training, edu-
cation, marketing, and outreach programs.
(Lhari
! Tte fiwl Dsrctsm can ix» found gt
IPMV? W«it sfes. IPMVP inc. is a nonprofit organization that develops products and ;
services to aid in the M&V of iniergy and water savings resulting from ecKirgy/wHier i
efficiency projecis-both retrofits and new construction. The site contains the IPMVP, !
a series of documents for use in developing an M&V strategy, monitoring indoor r
environmental quality, and quantifying emission reductions. . I
Now Ymt SSsts £»sryy RassfsreEi snd DavsiSopmefii Aislhoriiy i^YSERBAf Sisndard
Psrfcrmsfiee Contracting Program JVfessur@m«nt and Vsrtficstlon SifidsSins, 200$.
Nerihwest Pswar Pianning Couflcii fNPPC}: Sih Pc«ar*r P!a«. 2005-2009 Tainted
Conservation Measures and Economics.
Offsr Program 2$Q3, Measurement and
Vs?rificalJon Guidelines, (includes retrofit and new cu>!stnif:1ion and deiauit savings
values for lighting,'motors, arid air-conditioning equipment)
PA iOsewtedp Ltetotd 2^13: Stasirfsi-dksd fvfothwis for Frss-Ridisrshist and Spifeyer i Contact PA Cciftsuto'ng a$
£'vaiuatJ8?s-Tsst 5 Rnaf Repoft JURS 16r £003 isponscrsd by flalions! Srid, NSTAB
Sectric, Norftaast LfSl^es.. Ufiftil and Caps light CoitspseC'- This report is used by
Massachusetts utilities to estimate free ridership and spillover effects.
SuutfHitft Ca!
-------
EPA Clean Energy-Environment Guide to Action fPrepubiicatkm Version) " ";';
STATE f*STNf.BS!ll»
California Ruilns: Instract&ns for Ritng Propossis on Energy
ERwisncy AdmrnistfatiW Struttt«r«, This CPUC ruling sets the
requirements and process for proposals recommending an
energy efficiency administration structure. The ruling includes
helpful background documents, including an overview of energy
efficiency administration structures in place in other states and
a framework for administrative roles and responsibilities.
Qormaci&ut
fajergy InitepBridSBCS Act This act establishes a Distributed
RPS that includes energy efficiency from commercial and
industrial facilities, and combined heat and power and commer-
cial and industrial load management programs.
HswsB
Hawaii's Senewabte ?$3rtf»!to Stendard Act This act requires
electric utilities to meet an RPS of 15% in 2015 and 20% in 2020.
Illinois Susisinabls Energy Plan. This Web site contains the
fiiinois Sustainable Energy Plan, as submitted to the Illinois
Commerce Commission on February 11, 2004.
Nsvasis AB & This bill redefines the portfolio standard to
include energy efficiency and renewable enwgy (EE/RE).
A83
NswJsrssy
Perawyivama
Ctean Energy Bwtol OntoMn Thg Maffinr of ths N«w Jersey
CSaas Energy Program Poilclss snA Procsdares {1^0(1/04}.
Sr J8tC.( !S.uS,%'.*«¥SlX!l/
T3is Ststs of Nsw Jersey Board of Pubiie Ufjntie* (NJBPU) rute.
This rule-establishes PBF goals, December 22,2CG4. Docket No.
EX0404276.
Click on 8PU i:.rderEXM>40276 (12?2^4J
Psnnsyfvanis Aflarnative Ensrsy Lsglststson. This Web site con-
tains the text of Pennsylvania's Alternative Energy Portfolio
Standards Act of 2004 {Senate Bill 1030.
Tsxss
Thi» Cemtst for Energy Ofiessney an3 Hanvwsbte Ttechnoiogtes
Texas Cleans U[; Its Act, article reprinted from the Clean Power
journal: This article details the passage and key provisions of
Texas S.B.7, which encourages the development of renewable
energy.
Emission Rasluetion iftcsoiivs drants S*potts, Prepared for ihe
Texas Natural Resource Conservation Commission for a Joint
Report to the 78th Legislature, in this report the Texas PUC has
quantified the results of legislated energy efficiency programs
designed to reduce electric power production and air emissions.
PUC.
PUCOT Rules for Texas Bectric Rsstructuring Ast 5 25.181 . The
Texas PUC rules set out implementation strategies for utilities
and locai governments energy efficiency programs.
Texas S.B.5 and $.8,7, These laws establish energy savings
goals for utilities and local government. S.B.7 is the Texas
Electric Restructuring Act of 1999, Legislative Session 76.
Chapter 4. Energy Efficiency Portfolio Standards
-------
<*\
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
References
ASE. 2005. State Energy Efficiency Policy Bulletin, an Alliance to Save Energy (ASE!
online newsletter. ASE. March.
Black & Veatch. 2004. Economic impact of Renewable Energy in Pennsylvania..Final
Report. Prepared for Community Foundation for the Aliegheniss with funding from
the Heinz Foundation by Slack & Veatch, Overland Park, KS. March.
CALMAC. 2005. CALMAC Web site.
CPUC. 2004. Order Instituting Rulercaking to Examine tha Commission's Future
Energy Efficiency Projects, Administration and Programs, September 23,2004,
Decision 04-03-060, Ruiemaking 01-08-028 "interim Opinion: Energy Savings Goals for
Program Year 2006 and Beyond." CPUC.
Elliot, R.N., A.M. Shipley, S. Nadei, and E. Brown 20D3. Natural Gas Price Effects of
Energy Efficiency and Renewable Energy Practices and Policies. Report Number
E032. American Council for an Energy-Efficient Economy (ACEEEi, Washington, D.C.
December.
EPA. 2005. State Clean Energy Policies Matrix. Appendix, internal Draft
Gross, 1200Sa. Presentation to EPA Technical Forum. Texas PUC. April 14.
Gross,! 2005b. Texas PUC personal communication with Theresa Gross, June
ICC. 2005.The Illinois Sustainable energy Plan. ICC. February117.
fPMVP. 2005, Efficiency Valuation Organization. (PMVPWeb site.
Nadei, S., A. Shipley, and R.N. Elliott. 2004. The Technical, Economic and Achievable
Potential for Energy-Efficiency in the U.S.-A Meta-Analysis of Recent Studies. mew
ACEEE, Washington, D.C. From the proceedings of the 2004 ACEEE Summer Study on .
Energy Efficiency in Buildings.
Pletka, R. 2004. Potential Impacts of An Advanced Energy Portfolio Standard in
Pennsylvania. Presentation for the National Renewable Energy Laboratory (NREU
Energy Analysis Forum, Black & Veatch. November 9.
Public Utility Commission of Texas. 2005. M&V Guidelines. Energy Efficiency
implmnentsiion- Austin, TX.
r ,st3!»3ctf fc?
NJBPU. 2004, Clean Energy Board Order-In The Matter of ihe New Jersey Clean
Energy Program (MJCEP) Policies and Procedures. December 1.
Cfi8frtar4. Energy Efficiency Actions
-------
EPA Ciaan Energy-Environment Guide to Action (Prapublication Version)
ST&tf PAHTNSHSSI?
4.2 Public Benefits Funds for
Energy Efficiency
Policy Description and Objective
Summary
Many states are finding PBFs to be an effective
mechanism for securing investment in cost-effective
energy efficiency, resulting in lower cost and cleaner
energy. PBFs in 17 states provide nearly SI billion
annually for energy efficiency and related programs.
Slates with restructured as well as traditions! elec-
tricity markets are using P8Fs ss a component of
their clean energy policy portfolios.
PBFs, also known as system benefits charges (SBCs)
or clean energy funds, are typicaliy created by levy-
ing a small charge on every customer's electricity
biii. These funds provide an annual revenue stream to
Fund energy efficiency programs. The charges range
from 0.03 to 3 mills" per kilowatt-hour (kWh) and
are equivalent to about $0.27 to $2.50 on a residen-
tial customer's monthly energy bill (ACEEE 2004b).
Where there are comprehensive, statewide programs
in place, funding levels range from, about 1 to 3% of
totaf utility revenues.
PBFs were originally developed during the 1990s to
help fund public benefit programs for energy effi-
ciency, clean energy supply, and low-income electric-
ity bill assistance. Utilities had become hesitant to
invest in clean energy activities, anticipating restruc-
turing of electricity markets that would shift incen-
tives and alter requirements. In many cases, states
that restructured their electricity markets instituted
PBFs to address the critical needs exposed by this
decline in utility investments. Despite the creation of
PBFs, funding for energy efficiency and diversified
energy supply in many states is still below the fund-
ing levels of the early 1990s, but has increased over-
all in recent years (ACEEE 2005a, ACEEE 20Mb,
ACEEE 2004c).
A wa!t-de$k|ned and administered public
benefits fund (PBF) increases public and pri-
vate sector Investments in cost-effective
energy efficiency, resulting in reduced energy
costs for electricity customers, emission
reductions, and enhanced reliability.
Total ratepayer-funded electric energy efficiency pro-
gram spending (including PBF programs and other
programs funded via customer bills) reached $1.35
biilion in 2003. In nominal dollars, this was the high-
est level spent on electric energy efficiency programs
since 1996 (ACEEE 2005a). However, in real dollars,
the level of funding in nearly every state is still
bslow the levels of the early 1890s.
States are finding that PBFs provide significant
reductions in electricity demand and related emis-
sions at a relatively low cost. For just 12 of the
states with energy efficiency PBFs, total annual
investments of about $870 million in 2002/2003
yielded nearly 2.8 million kWh of electricity savings.
Emission reductions from nine of these states includ-
ed a total of 1.8 million tons of carbon dioxide (CCy.
The median program cost was $0.03 per kWh saved,
which is one-half to three-quarters of the typical
cost, of new power sources and less than one-half of
the average retail price of electricity (ACEEE 2004a.
EIA2005).
Saye&tesn states fcave adopts*! PBFs that provide'
cy aad hsve yteitted otmf 1$ t&Mw f«IWh m
jatedric&y savings lACSEE 2884bl -
Objective
The objectives of PBF programs for energy efficiency
include:
• Saving energy and avoiding new generation
through long-lasting improvements in energy '
efficiency.
! mill - ofift-tentfi of a cert.
, Section 4JL Public Benefits Funds for Energy Efficiency
-------
EPA Clean Energy-Environment Guide to Action (Prepubiicstion Version)
STAtli PAI?1K>-f!S«l!l>
• Lowering energy demand and reducing air pollu-
tant and greenhouse gas emissions,
• Reducing customers' energy costs.
Most stales also use tfieir PBFs to support, develop-
ment of clean energy supplies, such as renewable
energy and combined heat and power fCHP}, provide
assistance to low-income consumers, support con-
sumer education, and support research and develop-
ment of new clean energy technologies (see Chapter
5, Energy Supply Actions').
Wsll-designed and administered PBFs have been
shown to reduce energy demand at a lower cost (see
Figure 4.2.1) than new supply and deliver a variety of
benefits. They reduce energy costs for utility cus-
tomers by reducing average bills and by limiting
future energy price increases. They also improve the
reliability of the electricity grid and reduce emis-
sions. Some states use PBF dollars to support
research and development related to clean energy
technologies and processes.
affecting the impact of efficiency programs, it pro-
vides an indication of the magnitude of savings that.
states can expect.
PGFs have also been shown to help create jobs by
lowering energy costs and stimulating new public
and private sector investment. Recent analyses of the
New York Energy Smart Program show that the pro-
gram creates and sustains 4,700jobs, increases labor
income by S182 million per year, and increases eco-
nomic output by 3224 million per year (NYSERDA
2004a).
States with Energy Efficiency PBFs
Seventeen states.(shown in Figure 4.2.2} have estab-
lished PBFs to support energy efficiency at various
levels of .funding. Eleven of the states have programs
that are actively promoting energy efficiency, making
investments at or above the median level of about
1 mi!!/kWh.
Hguw 4.2,£ Statss with PSFs for Energy Efficiency
Rgure .42.1: Cost of Energy Saved (jftWh) for Six
Stats Public Benefits Funds
Funding levels for comprehensive programs generally
range from 1 to 3% of total utility revenues. On
average, each percent of revenues invested yields
about 5% in cumulative energy savings over five
years and 10% over 10 years. (ACEEE 2004b). While
the percent of revenues spent is not the only factor
Notes: Nevada's program, originally introduced under a ncw-ropealed
electricity restructuring process, is not 'achrically a PBF As cf 2003,
energy efficiency Funding is approved as part of utility IRP (ACEEE
20Mb>. • .
Taxas's program is tied 10 *e state's utility energy efficiency savings
targets ana costs are'covered through 3 ncn-bypassable charge in
transmission and distribution rates. ISss Ssction 4.1, Energy Efficiency
Portfolio Standards.} The utilities submit rate filings U> tfte utility com-
mission to cover estimated costs (ACEEE 2094b). "
Chapter 4, Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepabiication Version)
STttf ?A«TN£»8!IR
Figure 42,3 Rats-Paysr-Fuaded Energy Efficiency
Programs
are t&s tnest ptwstest
rate-payer fursM sn&rg? e^icjsncy programs. States
ers sr the indysfon of &n»fgy aJftoiencv progress costs
m tfcs r&®£ supsrwsa^ by ths p«S$6 stfiity
Cafifomia sn4 ft-loaf^na, jinii«rtafee 3 eamh'matt&f! of
these apgrejachfis. Must &f th« PBFs for «narg^ eff j- '
etgfisy wsm &ffe«JtlKi b$ parrel a state'
California 3$d Mevs;ds|:have repesiefi ths resteetariraj
procass, st feastis part Isadmgto a hybrid or modified-
at slates ar«;c«tng ts sspport enargy
% jtestaaSiirfBg WBCBSS, is p« tee fcrieaftf s P BF; us af
Most of the states have implemented electricity ,
restructuring. However, restructuring is not. a prereq-
uisite for establishing a P8F. Some states, including
Wisconsin, Vermont, and Oregon, have kept retail
markets largely regulated snd hsve also created PBFs
to provide the public benefits described above.
California has rescinded its.restructuring process but
continues to use P3Fs, In some states, moving to a
PBF model from traditional regulated efficiency pro-
grams reflects the changing roles of utilities in retail
markets, while delivering the benefits of efficiency
through other channels. This mixture of approaches
to rate-payer-funded energy efficiency programs is
described in Figure 4.2.3
Designing an Effective PBF
Program
'('his section identifies several key issues that states
consider when designing an effective P8F. These
issues include identifying key participants and their
roles; determining appropriate funding levels; and
determining the appropriate duration of a PBF, what
portfolio of activities to choose, and interaction with
other state and federal policies.
Participants
• Stats Legislatures, In most states, the state legis-
lature authorizes and periodically reviews PBFs
program implementation status, funding leveis.
and results. They enact legislation to set up the
PBF, identify goals and objectives, determine the-
charge, specify implementing and oversight, organ-
izations, and review program authorization at
specified intervals.
• Ratepayers. PBFs are funded by ratepayers, typical-
ly through a "non-bypassable" charge on distribu-
tion services, so that all customers pay irrespective
of the supplier. A handful of states (i.e., Montana,
Oregon, Vermont) have included limited provisions
for large industrial customers to obtain a credit or
refund based on documented spending on efficien-
cy (ACEEE 2004b).
• Utilities. Utilities piay a role in processing the
charges, potentially administering the fund, and in
many cases implementing energy efficiency meas-
.Section 42. Public Benefits Funds for Energy Efficiency
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version)
ures. They also arc- important sources of data for
reporting results.
• PUCs and Third-Parties. Depending on the state.
PUCs or nonprofit organizations may also play a
role by administering and/or evaluating the P3Fs,
« Public and Private Sector Organizations. State PBF
investments also leverage additional public and
private sector energy and efficiency investment.
Studies indicate that each $1 spent from the fund
leverages roughly.33 in related business and con-
sumer investment (ACEEE 2004c).
Funding
• Mechanism. Most states apply a system-wide
charge (usually in mills/kWh) that applies to all
electricity customers. Some states have devel-
oped alternative funding structures, including
flat monthly fees, utility-financed programs, and
performance goals. The mills/kWh mechanism is
the most common, the simplest, and the most
transparent.
Funding Level. The funding level for energy effi-
ciency-related programs ranges between 0.033
and 3 milis/KWh in the most active states. (ACEEE
?00-1b). Table 4,2.1 shows the funding level by
state, and total annual funding for energy effi-
ciency for the 11 most active states (those whose
spending is at or above the median of about 1
mili/kWh).
Allocation of PBF Resources. The degree to which
the program administrator will be able to reallo-
cate program dollars within the portfolio once it
has been approved by the PUC or other oversight
authority has been an important issue for states.
This flexibility has proven important because field
experience often indicates needs to adjust the
program folio in terms of design, funds allocation,
or both. If an administrator has to obtain approval
for any chance in use of funds, program opera-
tions could be delayed, or could result in reduced
impacts or eroded cost-effectiveness, For instance,
California has provided utilities with more flexibil-
ity in recent administrative rulings. -
1; Summary of 11 Stets P8F$ for £nar§y £ffieis«cy
/sorted by charge Ssvsi si 1 iruWkWh snd greater)
Administrative mechanism
State
Utility
Third-party
AEHtuai funding fat smtyy *ffictoncy
(SmSiikms)
% of revenue to snersy efficiency
290 2,58
$17 I JH7
3,8 14 [ 25
$118 $17 ' $141
2.30 1.SO 1 50 . 136
$15
STi $2BQ
23 152 13
2.3
1.30
$89
1.35
$15 $25 $21 linetodes $129
U2S 115 , 182
$48 $62
I ,
2.0 ; 23 I 875
$115 use
Key: * = primary fund administrator.
Chapter 4, Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version}
S7ATF PARTNfiSSsil?
• Administration and Cost. Recovery. A PBF essen-
tially serves as a means for cost, recovery in piace
of the traditional rate case that utilities undergo
for s demand-side management program. There
are two basic approaches for administering the
funding collected under a PBF, both of which can
affect how costs are recovered. Under the first
and most common approach, money is collected
and spent during the current year, in an expens-
es-based mode. If there is an under- or over-col-
lection, it floats in an account, and is adjusted in
the following year. This account may be con-
trolled by a utility or a third-party administrator,
depending upon the type of administering body.
(See also Administering Body on page 4-28). The
second approach is to use the money collected in
the PBF to capitalize a revolving fund for grants
and loans, which is replenished or expanded with
new PBF collections.
Timing and Duration
Some states leave the duration of the fund open-
ended, while others stipulate operational periods
ranging from three to 10 years. None of the states
have discontinued their PSFs, even when the initial
implementation period ended.
In the past, it was not uncommon to have short, .
oven annual, program approval cycles. This short
cycle took substantial time and resources away from
program delivery, and created uncertainty in cus-
tomer markets. More recently, the trend is toward
multi-year approval cycles. Many states have found
that longer-cycles reduce administrative costs and
allow programs to operate more effectively in the
market.
PBFs are sometimes redirected to meet other state
needs during the budget process in lean years. While
there is no foolproof method to avoid funding being
shifted to other purposes, some states have used leg-
islative language to avoid it. For example:
* Vermont. "Funds collected through art energy effi-
ciency charge shall not be funds of the state, shall
not be available to meet the general obligations of
the government, and shall not be included in Lhe
financial reports of the state" (State of Vermont
1999a).
• Washington, D.C. "All proceeds collected by Lhe
electric company ... shall not at any time be
transferred to, lapse into, or be commingled with
the Genera! Fund of D.C. or any account of D.C."
{Washington, D.C, 2004).
One way states are helping to keep these funds tar-
geted to energy efficiency involves educating stake-
holders about the energy, economic, and environ-
mental benefits of the PBF with specific statistics.
Ensuring adequate, consistent and stable funding is
critical for the success of the program, and to ensure
the continuing participation of the private sector,
Developing a Portfolio of Activities
Targeting Efficiency Investments
States use PBFs to support a variety of program
approaches to increasing the use of energy-efficient
products and technologies and reducing energy con-
sumption. Approaches include rebate (or "buy-
down") programs for energy-efficient appliances and
equipment, programs that offer technical assistance
and financial incentives to encourage investment in
energy-efficient technologies and assist with instal-
lation, and efforts at market transformation includ-
ing disseminating information to increase consumer
energy awareness and permanently change energy-
related decisionmaking. (See Section 3.4, Funding
and Incentives, for more detail on some of these
options.)
States may also use PBFs to support load manage-
ment programs that encourage reductions in energy
use and shifts from on-peak to off-peak periods, to
address concerns with prices and system reliability,
but such shifts may not be accompanied by net
reductions in energy use (NYSERDA 2005),
States use several criteria for choosing which energy
efficiency measures are supported by their PBF pro-
gram. They include the following:
* Customer classes served by the measure.
• Distribution of benefits across customer classes
Section 4.2. Public Benefits Funds for Energy Efficiency
-------
EPA Clean Energy-Environment Quids to Action {Prepublication Version}
and service territories.
• Cost-effectiveness of individual measures and the
overall program portfolio.
• Other social and environmental benefits (e.g.. serv-
ing low-income customers, reducing criteria pollu-
tants, and managing load and improving reliability
of the electricity grid).
Factors such as whether an efficiency measure also
delivers energy reductions at peak times, reduces
water consumption, or offers other non-energy bene-
fits are also taken into consideration. Many efficien-
cy PBFs also invest 3 portion of their funding in
research and development programs to identify and
verify the performance of emerging technologies,
practices, or innovative program models.
PBF programs seek to benefit all customers and cus-
tomer classes. However, resource limitations typically
result in programs targeting the most cost-effective
opportunities for.energy savings, States served by
multiple utilities may also need to ensure that cus-
tomers in each utility's service territory receive direct
benefits, proportional to the amount their customers
have paid into the system.
In addition to benefit-cost analysis, PBF administra-
tors also use other criteria to guide program design
and investments, such as customer equity and serv-
ing hard-to-reach customer markets. The least
expensive energy savings are often found in large
commercial and industrial customers. However, for
customer equity reasons, most PBF program portfo-
lios seek to reach a range of customer groups,
including low-income, small business, and other sub-
markets where lowering energy costs is especially
important.
In addition to needing to serve multiple customer
classes, some of which are harder or more expensive
to reach, program administrators typically balance
their efficiency programs based on the same princi-
ples that one would use in evaluating a stock portfo-
lio.
• How reliable is the investment?
• When will it achieve savings?
• How long wiii those savings last?
• What other investments/strategies need to be con-
sidered to offset risk?
• Is it wise to include some long-term investments?
Some states target a portion of their efficiency
investments to heavily populated areas or business
districts to help alleviate- transmission congestion
and offset or postpone- transmission infrastructure
investments. For example, Connecticut's Conservation
and Load Management Fund targets funding to
address transmission congestion problems in
Southwest Connecticut. By linking actions to load •
management programs, states can use PBFs to help
prevent brownouts and ensure reliable energy supply,
which benefits all electricity customers.
Determining Cost-Effectiveness
Many states incorporate cost-effectiveness analysis
into the design and evaluation of their programs. This
helps ensure the effective use of public funds and can
be used to compare program and technology perform-
ance with the aim of developing effective future pro-
grams. Cost-effectiveness tests commonly used by
states are shown in Table 4.2.2. Many states use a
Total Resource Cost (TRC) Test as the basic economic
assessment tool. The TRC Test assesses the net lifetime
benefits and costs of a measure or program, account-
ing for both the utility and program participant per-
spectives. As with other cost-effectiveness tests, if the
benefit-cost ratio is greater than one, it is deemed to
be cost-'effective. If applied at a portfolio level, indi-
vidual measures and programs can then be further
screened based on tho extent to which benefits
exceed costs and on other portfolio considerations
mentioned previously.
Sometimes states use 3 combination of tests to
examine the program impacts from different per-
spectives. States wishing to consider the non-elec-
tric implications for energy use and energy savings
may use the Societal Test, which incorporates a
broader set of factors than the TRC Test. The Program
Administrator and Participant Tests are sometimes
used to help design programs and incentive levels,
rather than as a primary screen for overall cost-
effectiveness.
Chapter 4, Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action {Prspubiicat'on Version)
Table 4,2,2: Common Cost-Bfeetivsnsss Tests
Total Resource Cost I Compares the total costs and benefits of
Test
la program, inciiiding costs and benefits
I to the utility and t'nti participant and the
| avoided costs of energy supply.
Societal Test ! Similar to fee TRC Test, but includes the
•j effects of other societal benefits and
! costs such as environmental impacts,
j water savings, and national security.
Program i Assesses benefits and costs from the
Administrator Test j program administrator's perspective
iie.g., benefits of avoided fus! and oper-
i afc'ng and capacity costs compared to
1 rebates and administrative casts).
'Participant test
i Assesses benefits and costs from a par-
ticipant's perspective (e.g., reductions in
j customers' bills, incentives paid by the
j utility, and tax credits received as com-
I pared 10 out-of-pucket expanses such
ias costs of equipment purchase, opera-
tion, and maintenance).
Rate Impact i Assesses the effect of changes in rev-
Measure jenues and operating costs caused by a
I program on customers' bills OF rates.
!f using only one test, slates are moving away from
the Participant Test or Rate impact Measure (RIM)
•due to limitations as a threshold test for investment
or effect, on customer bills. The R!M test looks only
at the effect on ratepayers participating in the ener-
gy efficiency programs, thus excluding from the
cost-effectiveness assessment system benefits such
as reduced need for generation capacity, transmis-
sion lines, and energy production. Under the RIM
test, any program that increases rates would not
pass, even if total bills to customers ?jre reduced. In
fact, there are instances 'where measures that
increase energy use pass this test.
While many utilities and PUCs express program per-
formance in terms of benefit-cost ratios, expressing
program costs and benefits in terms of S/kWh is also
useful because it is easy to relate to the cost of
energy. Consumers and legislators can easily relate
this metric to the cost of energy in their own area,
while utilities and regulators can compare this value
to the cost of other resources, such as new genera-
tion. When expressed this way, the annual leveiized
TRC In $/kWh captures the net program and cus-
tomer costs divided by the projected lifetime savings
of the measure or program. Resource costs can also
be calculated in S/kW to illustrate the value during
periods of peak demand. (See also Section 6.1,
Portfolio Management Strategies.)
Interaction with Federal Policies
Several federal programs can help support the pro-
grams administered through. PBFs.
The ENERGY STAR Program
ENERGY STAR is a voluntary, pub lie-private partner-
ship designed to reduce energy use and related
greenhouse gas emissions. The program, administered
jointly by the U.S. Environmental Protection Agency
(EPA)'and the U.S. Department of Energy (DOE), has
an extensive network of partners including equip-
ment manufacturers, retailers, builders, energy serv-
ice companies, private businesses, and public sector
organizations.
Since the late 1990s. EPA and DOE have worked with
utilities, state energy offices, and regional nonprofit
organizations to help them leverage ENERGY STAR
messaging, tools, and strategies and enhance their
local energy efficiency programs. Today more than
,350 utilities and other efficiency program sponsors,
servicing 60% of U.S. households, participate in the
ENERGY STAR program.
EPA and DOE invest in a portfolio of energy efficien-
cy efforts that state and utility run energy efficiency
programs can leverage to further their P8F programs,
including;
• Education and Awareness Building. ENERGY STAR
sponsors broad-based public campaigns to educate
consumers on the link between energy use ?ind air
emissions and to raise awareness about how prod-
ucts and services carrying the ENERGY STAR labe!
can protect the environment while saving money.
• Establishing Performance Specifications and
Performing Outreach on Efficient Products. More
than 40 product categories include ENERGY STAR-
Section 4.2. Public Benefits Funds for Energy Efficiency
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version)
Cbtit Emtgy£i:
-------
EPA Clean Energy-Environment Guide to Action (Prapublication Version)
Clem I:itwgtf*«trtHi(ii
-------
EPA Clean Energy-Environment Guide to Action (Prapublication Vorsion}
• Practice fiscal and project management that keep
programs accountable and support attainment of
objectives.
Program evaluation is either overseen by the pro-
gram administrator, the PUC or other oversight
authority, or a combination of the two. In most
cases, these organizations outsource evaluation
activities to independent third-party experts to rnini-
. rnize potential conflict of interest.
Administering Body
PBFs are placed under the control of an administrator,
often with advisory oversight by an internal or external
board. The organizational structures used to administer
the PBF vary by state (see Table 4.2.1 on page 4-22).
The administrative approaches used include:
* Utility (e.g., Arizona, Massachusetts, Rhode Island).
« State government agency (e.g., Illinois. Maine,
Michigan, New Jersey, New York, Ohio, and
Wisconsin).
• Nonprofit (third-patty) organization (e.g., Oregon.
Vermont). Oregon established a nonprofit organi-
zation based on action by the Oregon PUC;
Vermont.selected a non-profit organization as part
of a competitive process that included for-profit
bidders.
• Hybrid category involving more than one of the
preceding organizations. For example, a utility may
administer the program with guidance and over-
sight by a state agency (e.g., California,
Connecticut, and Montana).
States have developed effective programs using each
administrative model; institutional history typically
determines the entities best suited to administer
programs. In many states, utilities have the capital,
personnel, and customer relations channels that
enable them to reach broad customer markets effec-
tively. Thus, they are the most common administer-
ing entity.
However, in some states utilities might have little or
no institutional history with energy efficiency. In
others, state legislatures or utility commissions might
ieafafr»t» other states' «»farlaseg ts afeaffy most
'-* e&tisff}er s
grarn osfiv
* Approve long-t'&fHi: fuodfag cycles Jfies to
rosrket c-hsractefisties
' and customer ft&eds,
«, Rasp prograst ^ssJgas sasfjla a»tf eSsar.; - /
express strong views toward other types of program
delivery, in such situations, state agencies or non-
profit organizations may be an appropriate adminis-
trator.
Some states have looked to independent organiza-
tions to administer PBFs. This decision may reflect a
sense that this will help obtain maximum perform-
ance from program funds and avoid potential con-
flicts of interest (i.e., utilities whose revenues remain
tied to sales may be reluctant to promote energy
efficiency programs that may reduce their revenues).
In some states, commissions are breaking the link
between utilities' revenues and sales, thereby remov-
ing utilities' disincentive for investments in energy
efficiency (see Section 6.2, Utility Incentives for
Demand-Side Resources). Some states are also find-
ing that it is appropriate to have different org?iniza-
tions administer specific energy efficiency programs
funded by the P8F based on the market being served.
Evaluation
Evaluation is important for sustaining success and
support for the PBF program and for helping deter-
mine future investment strategies. Unless program
overseers show concrete snd robust results in line
with stated objectives, decisionmakers may not reau-
thorize the program, or it may become vulnerable to
funding shifts or other forms of erosion. State policy-
makers have incorporated evaluation requirements as
they develop their PBF program and after the pro-
Chapter 4. Energy Efficiency Actions
-------
EPA Cisen Energy-Environment Guide to Action (Prepublication Version} .. '
gram has been implemented. When evaluating PBFs.,
several states have examined the IRC of the aggre-
gated programs supported by the PBf (see section on
Determining Cost-Effectiveness, on page 4-24).
New York conducts an extensive evaluation of its
PBF program. NYSERDA recently conducted a rigor-
ous evaluation of its PBF program including the fol-
lowing activities (NYSERDA 2004a):
» identifies program goals and key output and out-
come measures that, provide indicators of program
success.
* Reviews measurement and verification protocols
used to evaluate programs, verifies energy savings
estimates to determine if estimates are reasonably
accurate.
• Evaluates process to determine how and why pro-
grams deliver or fail to deliver expected results,
* Characterizes target markets, determine changes
observed in the market, and identifies to what
extent these changes can be attributed to PBF-
funded programs.
• Regularly communicates the benefits of the overall
program and results of individual programs to
decisionmakers and stakeholders.
• Refines program delivery modeis based on evalua-
tion findings.'
Other states that have conducted comprehensive
evaluations of their PBF programs include California,
Connecticut, Oregon, and Wisconsin. Key elements of
these and other state evaluation programs are shown
in the box on Best Practices: Evaluating PBF
Programs.
Having access to detailed databases has also been a
useful too! for evaluating current investments and
determining future investments. For example.
Efficiency Vermont maintains a database that records
information on customer participation over time and
aliows for reporting on geographic and customer
class results. Developing an arrangement to allow
administrators to have access to this utility informa-
tion can help improve the overall program.
"Esafuatft programs rsgalarly, d
, and cast-
* l&$ 6te8«& $t®tm mw tarte »> .other steles,
aeerfs.
as
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version)
demand, under its "loading order" rule. In January
2005, the CPUC adopted a new administrative struc-
ture in which the state's four investor owned utilities
(lOUs) are responsible for program selection and
portfolio management, with input, from stakeholders
through Program Advisory Groups (CPUC 2005). This
is a return to a pre-electric industry restructuring
model in which each tOUs was responsible for
procuring energy efficiency resources on behalf of
their customers, subject to Commission oversight.
The CPUC has established energy efficiency goals to
achieve a cumulative savings of 23,183 gigawatt-
hours (GWh) per year; -1,835 MW of peak demand;
and 444 million therms (MMtherms) per year for the
lOUs combined, by 2013 (see Section 4,1. Energy
Efficiency Portfolio .Standards).
In September 2005.. the CPUC authorized $2 billion
in funding for its 2006 to 2008 energy efficiency and
conservation initiative. This represents the single
largest funding authorization for energy efficiency in
U.S. history. CPUC authorized funding levels and
energy efficiency portfolio plans for Pacific Gas and
Electric, Southern California Edison, San Diego Gas &
Electric, and Southern California Gas. These portfo-
lios include a mix of proven and new, innovative pro-
gram designs and implementation strategies to be
supported through ratepayer Investments.
The measures associated with the approved funding
are expected to avoid the equivalent of three large
power plants (totaling 1,500 MW) over the next
three years and over the life of the measures, yield
an estimated $2.7 billion in net savings to con-
sumers, and reduce greenhouse gas'emissions by 3.4
million tons of C02 in 2008, or the equivalent of tak-
ing about 550,000 cars off the road.
The state's efficiency program design and adminis-
tration approaches have been among the most
detailed and innovative although initially they strug-
gled with the complexity and coordination of multi-
ple implemenlers. White utilities have remained
administrators and portfolio managers of the pro-
grams with input from stakeholder working groups,
program implementation is done by both utility and
non-utility implementers, and statewide approaches
to program design and evaluation have improved
program performance.
Web site:
http://vwvw.cpuc.cs.g0v/static/lndustry/elftct:rlc/
e...f unding.htm
New York
The New York's $8C program-administered by
NYSERDA is a leading example of a well designed
and effectively administered state P3F program. The
PBr was established in 1996 with four specific policy
goals:
• Improve system-wide reliability and increase peak
electricity reductions through end-user efficiency
actions.
• Improve energy efficiency and access to energy-
options for under-served customers.
* Reduce the environmental Impacts of energy pro-
duction and use.
• Facilitate competition in the electricity markets to
benefit end-users,
NYSEROA has invested more than $350 million in
energy-efficiency programs and brought about an
estimated additional investment of S850 million, for
a total of $1.2 billion in public and private sector
energy and efficiency related investments in the
state. Over the eight-year implementation period
(1 998 to 2006), the program is expected to result in
a total of $2.8 billion in new public and private
investment in New York.
NYStRDA measures and tracks its PBF investments
and conducts quarterly and annual evaluations of
the Energy Smart program. It uses the findings to
communicate the benefits of the program to its cus-
tomers and stakeholders. NYSERDA analyzes the
cost-effectiveness of the program, permanent and
peak- load energy and cost savings to customers,
economic impacts (including leveraged public and
private sector investment and jobs created), and
reductions of greenhouse gases and criteria pollu-
tants. As of September 2004, the program had
{NYSERDA 2004 b):
Chapter 4. Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version) ; "
• Reduced electricity use by about 1,340 GWh per
year; annual savings are expected to reach 2.700
GWh annually when the program is fuliy imple-
mented.
• Generated $185 million in annual energy bill sav-
ings for participating customers, including elec-
tricity, oil, and natural gas savings from energy
efficiency and peak load management services.
• Created 3,970 jobs annually, and is expected to
result in an average net gain of 5,500jobs per
year during the eight years of program implemen-
tation from 1998 to 2006.
• Reduced nitrogen oxide (NO,) emissions by 1,265
tons, sulfur-dioxide (S02) emissions by 2,175 tons,
and CO, emissions by 1 million tons (the equiva-
lent amount of energy required to power about
850,000 homes).
Web site;
http://wvvw.nysercia.ofg
Oregon
Oregon is an example of a state that has not restruc-
tured its electricity markets, but has created a public
benefits program designed to serve public needs for
energy efficiency services. Rather than using utilities
as the primary administrator for programs, Oregon
uses the nonprofit Energy Trust of Oregon as a dedi-
cated organization to coordinate program design,
evaluation, and delivery across the state. The Trust
administers the state PBF in coordination with the
PUC, providing cash incentives and financial assis-
tance to promote energy efficiency and renewable
energy.
While the PBF program is relatively new in Oregon, it
builds on the success of other programs, such as
Vermont's nonprofit delivery mode!, and the
Northwest. Energy Efficiency Alliance's market trans-
formation programs. While utility administration is
the most common model used in state PBFs, Oregon
and Vermont have shown that a nonprofit structure
can be equally effective.
The Energy Trust's programs, which started later than
many states' efforts, saved 280 million kWh and
208,000 therms of gas by 2003, enough energy to
power 23.000 homes. Its 2012 goal is to save 26 bil-
lion kWh and 19 million therms, enough to power
over 200,000 typical homes. .
Oregon is also one of the few states that supports
both electricity and natural gas efficiency programs,
and that complements its PBF program with
ratemaking policies that maintain utility revenues
while promoting energy use reductions.
Web site:
http://wwvv.firisrgytrust.org/fndex.hrml
Wisconsin
focus on Energy is a public-private partnership fund-
ed by the state PBF. The program's goals are to
encourage energy efficiency and use of renewable
energy, enhance the environment, and ensure the
future supply of energy for Wisconsin.
A recent independent evaluation of the Wisconsin's
focus or? energy program showed the program Is
delivering the following energy, environmental, and
economic benefits (Wi DOA 2004):
• The focus on Energy program realized a total life-
time energy savings of $214.5 million during fiscal
year 2001 for a program benefit: cost ratio of 5.4 to
1. These benefits were achieved through an annual
electric energy savings of 235.6 million kWh '
($113.1 million in lifetime savings), a reduction in
electricity demand of 35.5 megawatts ($36.4 mil-
lion In lifetime savings), and savings of 14.4 million
therms from natural gas efficiency measures ($65
million in lifetime savings). See the Evaluation sec-
tion on page 4-28 for more information.
• Wisconsin environmental benefits include esti-
mates of the following avoided emissions: 1.5 mil-
lion pounds of NO,, 2.9 million pounds of sulfur
oxides (SOj, 687.3 million pounds of CO,, and 12
pounds of mercury (Hg).
Economic benefits from the XA/isconsin program
include the creation of 1,050 full- time jobs.
Wisconsin businesses saved almost S14.5 million and
increased sales by $76.7 million. Wisconsin residents
saved almost $20 million and increased their person-
al income by $18.3 million.
.Section 4.2. Public Benefits Funds for Energy Efficiency
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version)
Web site:
http://wy*w.focuson8nsrgy.com/
What States Can Do
Experience from the 17 states with PBFs for energy
efficiency demonstrates that P8Fs can be an effec-
tive mechanism for securing investment in cost-
effective energy efficiency programs and thereby
meeting important state energy objectives. Other
states can improve their energy efficiency invest-
ments by examining the role P3Fs can play in help-
ing capture a significant portion of the cost-effective
clean energy in their state. States can use the best
practices and information resources in this guide to
establish a new PBF or strengthen existing programs
to deliver even greater benefits.
Action Steps for States
The following four steps can be used both by states
interested in developing a new PBF program or those
interested in strengthening an-existing program.
* Assess energy Efficiency Potential. States can begin
the process by assessing current levels of energy
efficiency spending within their state, analyzing all
of their options for achieving greater levels of effi-
ciency, and analyzing the energy and cost savings
that, a PBF would offer.
Determine Program Funding Needed to Capture
Cost-Effective Energy Efficiency. Consider appropri-
ate PBF funding levels, and avoid diversion of
funds for other purposes, Studies show energy
efficiency spending could be increased significant-
ly and still be used cost-effectively. Conduct an
efficiency potential analysis and economic screen-
ing process to identify the most, cost-effective mix
of new program targets. Include consideration of
energy efficiency's role as a potential reliability
tool arid how its costs in that context compare to
other options.
Leverage Federal and State Programs. Explore
opportunities to work with federal programs such
as ENERGY STAR and to coordinate PBF implemen-
tation with other state programs, such zss resource
planning and, portfolio management
Measure and Communicate Results, Measure
results, evaluate the effectiveness of the PBF, and
report progress annually. Communicate the bene-
fits of PBK-funded energy efficiency programs to
state legislatures, PUCs, and other stakeholders:
Document lessons learned and opportunities to
enhance the program's effectiveness.
Information Resources
information About States
CaSsfcmia Msssifremsfrt Advisory Council (CALMAC). This Web site provides access j
to independent evaluation reports on energy efficiency programs in California and j
elsewhere. :
SuBfotnt* Grtiisr Inst&tfiag RHismakfny to EKamintthe Commission'* Firf«ra Energy
Efficiency Policies, AiSmin&s&stJon and Programs; interim Opinion on the
Adminisfrathfs Structure for Energy Efficiency: Threshold Issues {Rutemskmg 01-8&-
028). This order addresses threshold issues on administrative structure including
planning, oversight, and management of energy efficiency programs, including deci-
sions on what jjrayrarns :o fund with ratepayer dollars.
FINAL BEC830$43B28,doe
California PUC ftwrgy Efficiency PtegEwn Folding, This site provides information on
the state's public goods charge with links tc legislative language and the Web sites
of California's four utilities.
$»• Chapter 4. Enorgy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version)
CsBfcif»!a SSsntferrf Practiee Mtinust: Ee88»rrac Analysis «f Damans SSdc Programs HSSKAVAV* ••. {c..c ca
and Projects. This document provides standardized procedures for evaluating cost-
effectiveness of demand side programs and projects in California. resewefclfe'
Cesf-£fi«et!y!m»ss Policy sntf Smtaral Mtrthadote&y fw Sh« Ensrgy This!, of Oregon, ; M};);//w'AW.-.}i5Cf gyi r
h this paper, the Energy Trust of Oregon, Ins:, describes its methodology for (.owpar- ' ifUafyv'jxjJKk,!
ing the cost of energy efficiency to coiwentlonai sources of electric energy from ' easteffeeU'SP^ss
three perspectives (i.e., consumer, utility system, and societal).
Energy Programs Sonssrtiam: Option* for Developing a Public BansfHs Program for
th« Sttrte of Ksnjss, The purpose of this report was to explore options for establish- &>?(!&$&
ing a P8F to support the delivery of energy efficiency and reriewsbie energy pro-
grams to help reduce the state's need to import energy resources and thereby !
strengthen the state's economy.
Enargy Trust Annual R«po?t JSSMk This document reports on state PBF savings and
generation, revenues and expenditures, performance measures, and specific proj-
ects around the state.
NsHfada Energy Bfessmjy Sfratsgy. Nevada has taken a number of steps to iricrpV«',w,'.::!p»fft •
This report includes an evaluation of Focus on Energy, the Wisconsin PBF for energy
efficiency. •
Section 42. Public Benefite Funds for Energy Efficiency
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version}
General Articles About PBFs
Ci»a» Energy lesliietsve, This report explores the pote-ntia! for joint investment in
clear; energy by foundations, state funds, arid private investors.
f'm&l
Cfesn Energy States Mlancs-CESA Member States and funds, This Clean Energy
States Alliance JCESA) Web site provides links «o the state P8F sites.
An Examination crfths Rote of Private Market Aston in an Era of Eiectrie Utiiity
RssSructitring. The report by the American Society for an Energy-Efficient Economy
(ACEEE) examines the role of the private sector in promoting energy efficiency and
briefly discusses she influence of PBFs.
Rva Vssrs In: An l&caminBtion of &e First Haff-QscadB of PuMc Benefits fesrgy
EfRwsncy Poficias. This ACEEE report provides an in-depth discussion and evalua-
tion of PBF policy and implementation at the state level.
A Framework for Planning and. Assessing Publicly Fundsd Energy Effieiensy. The pri-
mary objective of this report is to discuss the assessment of the cost-effectiveness
of market transformation interventions.
OpiJofls for OaveSapi^s a Public Bsnsfrts Program for Use Sissls of KSRSSJ.
paper describes current models of PBFs with recommendations for the state of
Kansas on developing a PBF.
Rstspaysr-FuRdad Enersy-Efflcieney Programs m 9 Reatiuctursd Sertricjty industry;
issues snd Options for Regulators and Legislators. This report by Ernest Orlando,
Lawrence Berkeley National Laboratory fLBNL) and ACEEE discusses features of
PBFs and provides recommendst'ons for designing a PBF and choosing an adminis-
tering body.-
Summary Tabie of Public Benefit Program? and Electric UtiEffy Restructuring, The
site provides information, compiled by ACEEE, in tables on energy efficiency and
renewable energy PBFs by state, tt includes information on funding iovels, the
charge per kWh, the percentage of rcjvunuu, and trm administering organi/atitsn.
System Benefits Funds for Energy Efficiency. This report by the National Conference
of State Legislatures (IMCSU describes how states can use system benefits funds to
support energy efficiency investments. It provides sample legislative language for
SBC legislation.
fcttp^'stas&srg
Trends in Uljiity-Bsiated Enargy Efficiency Spending in the United States. This pres-
entation, at an AESP Brown Bag Lunch Series, shows general trends as well as spe-
cific state examples of energy efficiency spending.
Chapter 4. Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version}
Examples of Legislation
California
Wisconsin
Assembly 8i!i 1188 on restructuring,,Pi's bill, snaked it!
September 1996, established California's P3F.
Massachusetts Eiseirieity Rsstrysturins Aet of 1337. This act
established the PBF program in Massachusetts.
A New York P «Wis Ssrvice Commission Ordsr H«
-------
EPA Clean Energy-Environment Guide to Action (Prepubtication Version}
• MRIiRSKIP
CPUC. 2005. Interim Opinion on the Administrative Structure for Energy Efficiency:
Threshold Issues. CPUC, San Francisco.
EIA. ZOOS. Table 5.6.A. Average Retail Price of Electricity to Ultimate Customers by
End-Use Sector, by Stats, May 2005 and 2004. Energy Information Administration,
Electricity Website.
NYSERDA. 2004a. New York Energy Smart Program Evaluation and Status Report
Report to Hie System Benefits Charge Advisory Group. Rna! Report. NYSERDA,
Albany. May.
NYSE3DA. 2Q04b. New York Energy Imart Program Evaluation Reports. NYSEROA,
Albany. September.
NYSERDA. 2005. New York Energy Smart Program Evaluation and Status Report.
NYSEROA, Albany. May.
State of Vermont. 1398a. An Act Relating to the Ability of the Public Service Board to
Require that Energy Conservation Services Be Developed and provided by ari entity
Appointed by the Board (S. 137}. Genera! Assembly of Vermont, June 1.1993.
ad8£8.htf«
State of Vermont. 1939b. Investigation into the Department of Public Service's pro-
posed Energy Efficiency Plan Re: Phase II. State of Vermont Public Service Board.
Docket No. 5980. November 5.
State of Vermont. 2005. An Act Relating to Renewable Energy, Efficiency,
Transmission and Vermont's Energy Future. Genera! Assembly of Vermont. June 14,
2005. . '
torn
UNEP. 1997. Tools and Methods for Integrated Resource Planning: Improving Energy
Efficiency and Protecting the Environment. United Nations Environment Programme
{UNEP} Collaborating Centra on Energy and Environment JoelN. Swisher, Gilberio
de Martino Jannuzzi, and RoberY. Redlinger. UNEP, November 1997.
Washington, D.C. 2004. District of Columbia Code Title 34, Public Utilities Subtitle 1)1,
Electricity. Chapter 15. Retail Electric Competition and Consumer Protection. D.C.
Cade § 34-1514.
Wi QOA. 2004. Wisconsin Pui-lii: Benefits Programs Annual Report July t, 20C3 to
June 30, 2t304. Department of Administration {DOAi. Division of Energy, Madison, WI.
hSji:'/V»'vmK)eaf««)B>'
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version}
Stiff PSflTNF.BSHU
.3 Building Codes for Energy
t,-r *..'P\-r
Efficiency
Policy Description and Objective
Summary
Building energy codes require new and existing
buildings undergoing major renovations to meet
minimum energy efficiency requirements. Well-
designed, implemented, and enforced codes can help
eliminate inefficient construction practices and tech-
nologies with tittle or no increase in total project
costs. Codes typically specify requirements for "ther-
mal resistance" in the building shell and windows,
minimum air leakage, and minimum heating and
cooling equipment, efficiencies. These simple meas-
ures can reduce energy use by 30% or more, result-
ing in cost, savings for businesses and consumers,
Building energy codes also reduce peak energy
demand, air pollution, and greenhouse gas emissions.
Recognizing these benefits, a majority of states have
adopted building energy codes in some Form for resi-
dential and commercial construction (DOE 2005).
Broadly speaking, building codes include an array of
specifications and standards that address safety and
functionality. In 1978, California became the first
state to include energy requirements in its code.
Today, 42 states {including Washington, D.C.) use a
version of the Mode! Energy Code (MEC), the
International Energy Conservation Code {IECC), or
their own equal-or-better energy codes for residen-
tial buildings. Forty-one states (including
Washington, D.C.} use the ASHRAE or IECC standard
for commercial buildings (BCAP 2005a and Prindle et
al. 2003).
While state and local governments have made
progress in improving building efficiency through
codes, there continue to be cost-effective opportuni-
ties for further efficiency savings. States with exist-
ing codes are conducting periodic updates and find-
ing ways to improve compliance by monitoring, eval-
uating, and enforcing their codes. States without
building energy codes are initiating stakeholder dis-
cussions and formal studies to evaluate whether
Building energy codes for residential and
commercial buildings lock in the benefits of
cost-effective energy efficiency In new con-
struction and major renovation of existing
buildings.
codes make sense in their area. In some esses, local
governments are adopting or modifying codes specif-
ic to their 'jurisdictions! boundaries.
The potential energy savings from further state
action can be significant. If all states adopted the
most recent commercial snrj residential model ener-
gy codes, improved compliance levels, and applied
model energy codes to manufactured housing, the
United States would reduce energy use by about 0.85
quads annually, with cumulative savings through
2020 of about five quads. (One quad is about, equal
to the amount of energy contained in 187 million
barrels of crude oil.) In 2020, annual consumer ener-
gy bill savings would be almost $7 billion, and the
construction of 32 new 400 megawatt (MW) power
plants could be avoided. Of course, each slate's sav-
ings depends on many factors: ths efficiency of its
current building practices; the stringency of the code
it adopts; its population, climate, and building con-
struction activity; and the effectiveness of code
training and enforcement (Prindie et a!. 2003).
Objective
Building energy codes establish a minimum level of
energy efficiency for residential and commercial
buildings. This can reduce the need for energy gener-
ation capacity and new infrastructure while reducing
energy bills. States are also finding that energy codes
lock in future energy savings during the building
design and construction process. In contrast, achiev-
ing post-construction energy savings can be compar-
atively expensive and technically challenging. Codes
become even more cost-effective during periods of
high heating and cooling fuel prices.
States and municipalities are updating existing
codes, adopting new codes, and expanding code pro-
grams to improve compliance and achieve real ener-
Section 43. Building Codes for Energy Efficiency
-------
EPA Clean Energy-Environment Guide to Action (PrepubiicatJcm Version)
r fi PJR1SRR6HI?
gy and financial savings. With energy consumption
expected to rise 20% in the residential sector and
19% in the commercial sector by 2020, enacting
building codes is a key strategy for dampening
growth in energy consumption across the buildings
sector. Some states are promoting "beyond code"
building programs to achieve'additional cost-effec-
tive energy efficiency.
,-*
State and locai governments are seeing a range of
benefits from building codes, including lower energy
use, an improved environment, and economic growth.
Each is discussed below.
Energy codes provide minimum levels of energy effi-
ciency in commercial and residential buildings. This
lowers overall energy consumption, provides energy
bil! savings, and can reduce peak energy'demand arid
resulting pressure on the electric system. Tor exam-
pie, California's building standards have helped save
businesses and residents more than $15.8 biilion in
at»ei ps^ energy bills, thsy iack a« iscfsntive
eost
, factors, in saigctsng. optfertaf fastLifssfsr the tiosia,
b«y»fs efter* foeys on
sosure that new buMrngs. mhims
eaergy slfieiessy pgrforifiance that is «?cst-e88cSV« '
fEC€)> or subnet t8..th& Sseratary Of,,
as
the,
SESJ. ECPA-r&qutes-ststsste ad&ptthe mest recast
wsjjm of ASHRAE Sdani 98,! fof »^?i«ft S0£ fess
The SECC sfss contains prescriptive
sod perfsrmaacs ceffimerclal feyildiag prowsfoas, By
rsfersaGtag Standard SQ,1 fcr commemsst btfSdiags,
SECC
electricity and natural gas costs since 1975, and
these savings are expected to climb to $59 billion by
2011 (CEC 2003). In addition, California's new 2005
building efficiency standards are expected to yield
peak energy use reductions of 180 MW
annually—enough electricity to power 180.000 aver-
age-sized California homes (Motamedi et al. 2004),
The American Council for an Energy-Efficient
Economy (ACEEE) estimates that upgrading residen-
tial building codes could save an "average" state
about $650 million in homeowner energy bills over a
30-year period (Prindle et a I. 2003).
States and municipalities are also finding that, energy
codes Improve the environment by reducing air pol-
lution arid greenhouse gases. For example:
* The New York Energy Conservation Construction
Code (ECCC) reduces carbon dioxide fC02) emis-
sions by more than 500.000 tons annually snd
reduces sulfur dioxide ($0S) bynearly 500 tons per
year (DOE 2002).
Chapter 4. Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prapublicatkm Version)
• The 2001 Texas Building Energy Performance
Standards are projected to reduce nitrogen oxide
(NOX) emissions statewide by more than two tons
each "peak" day and over one ton each "average"
day, which heips the state meet Clean Air Act.
requirements for areas in "ndnattairtment" (Haberl
et al. 2003).
Building energy codss can also help grow the econo-
my. States and municipalities benefit from greater
investment in energy-efficient capita! equipment and
new jobs installing equipment and monitoring build-
ing compliance. While spending on energy services
typically sends money out of state, dollars saved
from efficiency tend to be re-spent locally (Weitz
2005a and Kushler et al. 2005).
Statss with Building Energy Codes
As of November 2005. 42 states (including
Washington, O.C.) use a version or the MEC, the
IECC, or iheir own equal-or- belter energy codes for
residential buildings. Thirty-three of these 42 stales
are using the latest IECC version that the U.S.
Department of Energy (DOE) has determined would
improve the energy efficiency of residential buildings.
"or better. Only nine states have not adopted a
statewide code, although many jurisdictions in four
of these states have adopted the 2003 IECC. (Prindle
et a!. 2003, BCAP 20058, and Weitz 2005b).
A tota! of 41 states (including Washington, D.C.) use
a version of the ASHRAE or IECC standard for com-
mercial buildings. Thirty-.-six states are using the- lat-
est ASHRAE 90.1 standard for which DOE has made
an energy efficiency determination, or better. Ten
states have not adopted a commercial building code,
although many jurisdictions within three of these
states have adopted the 2003 iECC. While substan-
tial progress has been made, many states and munic-
ipalities are regularly finding new opportunities to
incorporate new technologies and features into their
codes {Prindie et ai. 2003, BCAP 2005a. and Weitz
2005b).
State and local government experience demonstrates
that policy adoption is only the first step—proper
Figure 43,1: States wfth Residential and Commercial
Building Energy Codss
Residential Stats Energy Code Status
As of Nov«mb»r J005
Commercial State Energy Code Status
As of November 200S
,'A»!BAE 90.MOOK20W, or aquMtn-.t [j No sla-ewi* c«fe
^ rwwaxfcwcn Blfcd
© SiSflScwvl Mipaora !;i
< AEMRA6 60. --'059 (Km nM ««: SPCA)
implementation, evaluation, and enforcement are
also necessary, in states where these components are
missing, full compliance rates can fall short. For
example, a 2001 study showed that compliance of
less than 50% in the new homes market can occur
even in slates with strong cods training programs.
(XENERGY2001).
Leading states are not only monitoring and evaluat-
ing their energy codes, but also using the findings
from these analyses to take corrective action. In
California, a field evaluation of air conditioning units
found that incorrect levels of "refrigerant charge"
Section 43. Building Codes for Energy Efficiency
-------
EPA Ciean Energy-Environment Guide to Action (Prepubtication Version)
were compromising energy performance. The 2005
Title 24 Standards correct this problem by requiring
verification of proper charge quantities by a home
energy rater or documentation that a thermal expan-
sion valve was installed {CF.C 2Q05b). This illustrates
the importance of maintaining active support for a
range of evaluation and enforcement programs after
codes are adopted into law.
Most states and municipalities periodically update
their building energy codes, some more frequently
than others. This process ensures that codes reflect
changes in technology and design that offer
increased energy efficiency and cost-effectiveness.
Across states, it is common for code reviews to be
triggered by the release of a new national model
code or DOE's determination of improved energy effi-
ciency. Some jurisdictions even introduce state- or
local-specific requirements into the model code
development process, sharing their experience
nationally.
Designing an Effective Building
Code
Actions that states take when adopting new or
updating existing codes include identifying key par-
ticipants, analyzing cost considerations, determining
a timeframe for action, and evaluating interactions
with other state and federal policies.
Participants
• Government Officials. Model building energy codes
for the residential and commercial sectors are
developed at the national level by mode! cods
organizations, such as the International Code
Council (ICC) and ASHRAE. States and large local
jurisdictions have been the predominant backers
and participants-in maintaining these model codes.
DOE is required by the ECPA to participate in the
review and modification of the codes. Code imple-
mentation.is conducted the state and local levels
and enforced by local governments (DOE 2005).
States often modify ths national model codes to
account for needs and opportunities specific to
their climate, geography, and economy.
ECPA requires DOE to make "determinations"
regarding national model codes, This means that.
DOE periodically evaluates new editions of the
mode! codes (the IECC and Standard 90.1) and
determines whether the new edition will improve
the efficiency of residential or commercial^build-
ings. If DOE makes a positive determination on a
new residential model code, states must consider
adopting it within two years. If they elect not to
adopt the code, slate officials are to submit their
reasoning lo the U.S. Secretary of Energy. In con-
trast, if DOE makes a positive determination on 3
new commercial sector code, states are required to
adopt it within two years. In practice, however,
states demonstrate compliance through a seif-cer-
tification process and there are no major repercus-
sions for failing to adopt new commercial codes.
Under ECPA, DOE also provides technical and grant
assistance to states to facilitate building code
adoption and implementation. DOE operates
through centers of expertise such as the Pacific
Noit.hwe.st National Laboratory (PNNL) to help
states chart a course of action. Examples of PNNL
technical assistance include conducting studies of
current building practices (to develop baselines),
quantitative analysis of potential benefits, legisla-
tive and regulatory assessments, training and
technical assistance for builders and code officials,
and other services available at
www.energycodes.gov. More recently, the Energy
Policy Act of 2005 (EPAct 2005} amended ECPA to
authorize DOE to provide funding for states that
implement a plan to achieve 90% compliance with
residential (IECC 2004) and commercial (ASHRAE
90.1-2001) building codes. In states without a
building code. DOE is authorized to provide similar
funding to local governments that are taking
action on building codes.
While most states Slave the authority to adopt
energy codes statewide, some states have "home
rule" laws thai limit their ability to impose build-
ing requirements on municipalities, in these states,
local governments can adopt their own codes. For
example, two Arizona cities-Phoenix and
Tucson-are taking this approach (and thereby
$*• Chapter 4. Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version) "" - /IJJJ&
, fluiifkl
affecting a large portion of the state's overall
building stock). Alternatively, home rule states can
revise existing law to allow for statewide building
energy codes. Texas followed this approach, prima-
rily in an effort to improve the state's air quality.
Builders, Developers, and Building Owners. Builders,
developers, and building owners are responsible
for implementing provisions in the code language.
States and municipalities are finding that active
collaboration with these groups improves under-
standing., creates buy-in, and can lead to greater
levels of compliance. States such as California,
Minnesota, and Florida have a history of working
closely with the building community (Prindle et al.
2003),
Code Developers. In the United States the ICC,
ASHRAE, and the National Fire Protection
Association (NFPA) develop model energy codes
and standards. The ICC develops the iF.CC for resi-
dential buildings, while ASHRAE maintains the
90.1 standards for commercial buildings and Q0.2
for residential buildings. Both ICC and NFPA pro-
vide a reference to ASHRAE Standard 90.1 as an
alternate compliance path for commercial build--
ings. To facilitate ease-of--adoption by states,
these documents are written as "model codes"
that can be adopted as is, or modified to suit state
or local needs. Another role for code developers is
to provide training and technical support to code
officials. The ICC serves in this capacity to assist
with interpretation and implementation of resi-
dential codes.
Non-Government Organizations. Non-government
organizations support building energy code adop-
tion and implementation by fostering peer
exchange, serving as information sources, and pro-
viding expert assistance. For example, the Building
Codes Assistance Project (BCAP) offers tailored
technical assistance to states and municipalities,
In states seeking to adopt the 1F.CC or ASHRAE
90.1, BCAP provides services such as educational
support for code officials and legislators, as well
as implementation assistance. The organization is
a joint initiative of the Alliance to Save Energy
(ASE). ACEEE, and the Natural Resources Defense
Council (NROC),
The Residential Energy Services Network (RESNET)
promotes codes by fostering national markets for
home energy rating systems and energy-efficient
mortgages that go beyond codes. RESNET develops
home energy rating systems, accredits home energy
rating trainers and providers, promotes residential
energy efficiency financing products, and conducts
educational programs. To encourage consistency
across rating systems, the organization works to
align its standards to the IECC.
Cost Considerations
Upgrading the energy efficiency of new homes and
commercial buildings is very cost effective. A recent
study estimated that upgrading the energy efficiency
of a typical new home to comply with the model
energy code in Nevada would cost about SI,500 on
average but would result in about $400 in annual
energy bill savings, meaning a simple payback of less
• than four years. Likewise, this study estimated that
upgrading the energy efficiency of commercial build-
ings to comply with the code would cost about
$1.30 per square foot but would result in about
$0.68 .per squfjre foot of energy bill savings per year,
meaning a simple payback of about 2.4 years (Geller,
Mitchell, and Schlegel 2005).
The efforts of national code development organiza-
tions ensure that each state does not incur the full
cost of developing its own codes. !CC, ASHRAE, and
NFPA offer model energy codes that are developed
with stakeholder input and written to promote trans-
ferability. However, some states (e.g., California and
Florida) and municipalities choose to initiate their
own code development process. Although most find
that using model codes saves the expense and time
of developing a new code, it is common for states to
initiate a review-and-modification process that
amends the model codes to reflect state-specific
considerations. Another way that state and local
Governments lower costs is by using technical and
grant assistance from DOE and non-government
organizations to fund their code development, adop-
tion, or enforcement process.
Section 43. Building Codes for Energy Efficiency
-------
EPA Clean Energy-Environment Guide to Action (PrepublicatJort Version)
When adopting a model code, states typically provide
resources to municipalities to support implementa-
tion and enforcement. Local funds are used to help
code officials and builders understand and comply
with the code's requirements. Municipalities also
lower costs by using home energy rating systems
(HERS) to demonstrate compliance with the energy
cods. These systems indicate the energy efficiency of
a home and are typically funded by the local govern-
ment or the builder.
However, even where state and federal resources are
available to municipal code officials, cities are find-
ing that staff coverage for code enforcement is often
stretched thin. To overcome this barrier, some local
governments collaborate with state officials to help
meet, resource and assistance needs. For example, the
Texas Energy Partnership is a consortium of state,
federal, and local agencies-as well as universities
and other non-government partners-created to help
municipalities throughout Texas establish procedures
for administration and enforcement of code require-
ments adopted under Senate Bill 5 (S.B.5). The part-
nership offers technical assistance and access to
state and federal experts that, help municipalities
comply with code provisions and save money on
energy bills (AACOG 2005).
Timing and Duration
State and local experience with building energy
codes shows that the time of building design and
construction represents a low-cost, opportunity to
integrate energy efficiency into a structure. Decisions
made at this time often cannot bs remedied later or
can oniy be revised at significant cost.
States are aiso finding they can increase code effec-
tiveness by regularly updating coda specifications. A
periodic review of energy cods requirements is a
strategic-way to ensure that opportunities associated
with new building sector technology are captured.
States often time their reviews to coincide with
updates of national-level model codes by the code
development, organizations or the issuance of a" DOE-.
determination. This approach offers regular opportu-
nities for states and municipalities to simultaneously
provide input to the mode! code development.
process and to update their own codes. Other states
call for updates on a regular basis. For example.
Massachusetts reviews its code every five years while
some other states do so every three years (e.g.,
California, Idaho, Maryland, Montana, NewMexico,
and Pennsylvania). As a rule of thumb, states take
action if the code is more than five years old, if there
is no evidence of consistent enforcement, or if there
is no state energy code.
When cods development organizations release a new
version of a model code (and DOE makes a positive
determination about its effectiveness), states are . •
required by tPCA to respond accordingly. On'the resi-
dential side, new versions of the IECC are released
every .three years with an interim supplement .-
released in between. While adoption is not required
for residential codes, it is mandatory for new ver-
sions of the commercial sector ASHRAE 90.1 code.
ASHRAE 30.1 has'historicaliy been revised and
republished less frequently than the !ECC (there was
a decade gap between the 1989 and 1999 versions).
jl is now scheduled for release on a three-year cycle.
The most recent version is 90.1-2004.
State experience with the review and update process
demonstrates that it is important to anticipate and
plan for the education and training needs of code
officials, builders, contractors, and other affected
parties. Each participant requires a period of time to
identify and understand new requirements and
changes to existing regulation. Code changes also
affect product manufacturers and suppliers, who
need lead-time to clear current inventories and
ensure that newly compliant products are available
when the revised code takes effect.
Interaction with Federal Programs
State and local governments are finding that volun-
tary programs such as ENERGY STAR can help the
building community move beyond code-mandated
efficiency levels in the new housing stock. An F.ISIF.R-
GY STAR-qualified new home is at. least 30% more
efficient than a home built to the model energy code
and 15% more efficient than one built to local code.
**• Chapter 4. Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Propubiicatfon Version)
Clean f Mfj)*'i»!»»!B4!:t
8**Tf CASTHEflSHI!-
States m$ rRwntcip3istt.es have tdentiitsd the Mtewmg
* D& Y&af HaaK&mk gvsfaate current bsSdfog ener-
' sy so*& lavs*, as well's* optbfts lor impfcrnestatiaft
aftd «Rfereei»srst If ta&re i& no state energy cede, ff ~
, -It® mere thanffea years B&t or if there is no avl-
d«ncs of sorafi&efrt wrforosmerft, it rosy be tfass to
s>f
Iocs! olfielafs
&«*Jfj«fs
-------
EPA Clean Energy-Environment Guide to Action (Prspubiication Version)
of legislation,mandating building energy efficiency
for the explicit purpose of improving the state's
ozone air quality {see State Examples section on
pageX).
Program Implementation and
Evaluation
implementation
States and municipalities are finding innovative ways
to implement building codes and achieve significant
savings. By addressing the foilowing commonly
encountered barriers, they can increase their likeli-
hood of success:
* The size and fragmentation of the buiiding
industry slows technology advancement. While
there are fewer than a'dozen U.S. manufacturers
of automobiles, home appliances, and Sight bulbs,
there are approximately 150,000 home building
companies in the United States. And in contrast to
highly automated sectors of the.U,S. economy, the
building sector remains largely a craft industry
dependent on the integration of hundreds of com-
ponents from various manufacturers by onsite
crews and subcontractors. To overcome this barri-
er, many states provide training and education
services to these groups. For example, the Texas
State Energy Conservation Office (SECO) works in
partnership with the Texas Association of Builders
to provide classroom and online training for
homefauilders and subcontractors. Their program
focuses on the importance of well-designed and
properly installed energy and moisture manage-
ment systems. Outreach materials are available in
both Spanish and English language.
• Energy efficiency is typically not a top customer
preference. This can serve as a barrier to code
implementation and enforcement (though not
necessarily code adoption). Most home purchase
decisions and feature selection are driven by non-
energy factors. For example, buyers are often more
focused on amenities like kitchen upgrades, extra
bathrooms, or new flooring. Efficiency features
compete with these highly visible priorities,
In states where energy efficiency is not a top cus-
tomer preference, it. is often because awareness is
low. Evidence from a Massachusetts energy code
evaluation indicates that homebuyers rarely ask
builders about the beneficial energy efficiency
characteristics of their prospective homes (XENER-
GY 2001). By inquiring about measures such as
proper heating, ventilation, and air-conditioning
(HVAC) equipment sizing and duct insulation, con-
sumers can avoid problems such as high utility
bills, poor ventilation, differential heating and
cooling of rooms in the house, and reduced com-
fort, Since consumers drive the market, some
states are turning to education as an important
component of code implementation efforts.
Surveys indicate that mandatory energy codes are
often not complied with because they are too
complex and difficult to understand. As a result,
states are finding that having an energy code in
piece is no guarantee that energy savings will be
achieved. Code-development organizations are
responding to this barrier by simplifying new ver-
sions of the ASHRAE 90.1 standards and IECC. For
example, the 2004 version-of ASHRAE Standard
90.1 included updated HVAC equipment-efficiency
levels that, reflect new federal manufacturing
standards. In the residential sector, the 200G IECC
is about one-half the size of the 2003 edition. In
addition., there is no longer a "window-to-wali
ratio" requirement, a provision"that many found
overly complex. Instead, the envelope criteria (i.e.,
amount of insulation and window characteristics)
are independent of the amount of glazing. Another
change to both codes is that they now contain a
simplified approach to characterizing climate
zones, reducing the overall number from 19 to 8.
Each zone is now a distinct geographic block
aligned by political boundaries to facilitate code
implementation and enforcement (ICC 2005).
States are also taking steps to reduce the com-
plexity of their codes. They are finding that effec-
tive prescriptive codes—such as the model adopted
by Oregon and Washington—are written in
straightforward language that emphasizes simple
measures with high energy savings potential. Code
officials are also pursuing a range of best practices
(see text box, Best Practices for Energy Code
Chapter 4, Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prapubiication Version) - ^ilSl
&Ma$i388
Implementation} that minimize the additional
learning and time requirements imposed on code
officials.
• According to the National Science Foundation and
the Lawrence Berkeley National Laboratory (LBNL),
many states do not possess the necessary
resources to monitor, evaluate, and enforce their
energy code. Some states have less than'one fu!!-
tifne-equlvalent staff person dedicated to enforce-
ment, and many states simply do not pursue mon-
itoring and evaluation (DOE'2005). As s result,
self-enforcement of building energy code provi-
sions is the norm in many states. Mew York
accomplishes this by requiring a licensed design
professional to complete an official form attesting
to code compliance.
Other states are using PBK funds to address the
challenge of moving from the process of code
adoption to widespread compliance. For example.
California's Public Interest Energy Research
(PIER)—funded by ratepayer dollars to conduct .
energy research and development for the
state—works to identify candidate technologies and
practices for improving the energy efficiency of new
buildings in California. Currently, PIER is funding
projects Lo support the development of California's
2008 Residential Building Energy Efficiency
Standards (F.ash 2005 and CEC 2005a). In the face
of resource shortages, other states rely on self-
enforcement mechanisms such as home energy rat-
ing systems and the ENERGY STAR program.
Evaluation
State and municipal experience demonstrates that
evaluating energy savings, conducting compliance
surveys, and assessing the process by which program
information is distributed are key elements of a suc-
cessful building energy code. Evaluation of energy
and peak demand savings data helps ensure require-
ments are followed and that stated goals are
achieved, information about the "co-benefits" of
energy savings (e.g., financial savings and reductions
in air pollution), .implementation levels, and code
awareness is used by code officials "to evaluate
progress, suggest strategies for improvement, and
enhance overall program effectiveness.
Stetss sad mu skips &fes hme idenftffetl t&s feitowlsg
best pra etscss fef sosrgy eod« sRplssfisotetioo;
« Esteea&sojI'trahifeeygwfKiflces ^;
- Hoid regular^dtseadan-andVsausg
stid afterths Bflacttve date of tfm fmv
cists sssor-ialtons sv&n betwsea cede
eyctes-Tltts «ncaurages feofti fssnsftsrfQf stud trass
a&(i is as ojjpsrtaffiW t& shsrs
tanifss^ m& refetsd costs an^ teBslsta.
- Sssia feaiJdM§ sdsnoB eaneepts, Braefscaf ecuapii-
'a&g« aids «3n fas^« fmst lata^s^dlnlbi
s»d
srice te supp&rttbe cods adopticn and Implerrsenta-
Similarly, states are conducting studies of prospec-
tive energy savings from codes prior to adoption and
implementation. Measuring the range of potential
benefits—energy, economic, and environme-nial—can
build the case for energy codes by assessing both
positive and negative costs, it" results show promise,
studies of prospective benefits can also broaden
stakeholder support for energy codes. State and local
officials are finding value from the following kinds of
evaluation tools:
Section 43, Building Codes for Energy Efficiency
-------
EPA Ciaan Energy-Environment Quids to Action (Prepublicatjon Version}
• Energy Savings Evaluation. Even though theoretical
energy savings from building codes can be esti-
mated with computer soft-ware, it is important, to
evaluate whether codes are actually saving energy
and meeting goals. Information from energy sav-
ings evaluations can be used to determine if cer-
tain portions of the cods perform better than oth-
ers or if overall savings are meeting expectations.
With this insight, states can focus their implemen-
tation and enforcement efforts on addressing pri-
ority concerns. For example, 3 2002 study in Fort
Coilins, Colorado found that measured energy sav-
ings from a code change in 1996 were approxi-
mately half of pre-implementation estimates. By
conducting a code evaluation, the city was able to
identify problem areas and focus its resources
accordingly (City of Fort. Collins 2002).
• Compliance Surveys. These are used to determine
whether buildings are being built in compliance
with code, Sf they are not, additional enforcement
and training initiatives may be needed. Another
purpose of surveys is to assess the overall state of
building technology and practice. Survey results
might, show, for example, that certain beyond-
code energy features are gaining wide acceptance
in the market due to improved cost-effectiveness.
• Process Evaluation. State programs chat offer
technical assistance and related services benefit
from a process evaluation to assess and suggest
improvements to these offerings. These evalua-
tions look less at what Is being built than at the
ways information is delivered to key stakeholders
such as builders and code officials. Improving
service delivery can help improve code compliance
anci overall stfikeholder acceptance of the code.
Process evaluation is also used to determine the
effectiveness of a state's enforcement efforts.
State Examples
The following states have implemented successful
building codes programs using varying approaches.
California
California's Title 24 standards for residential and
commercial buildings are among the most stringent
and best-enforced energy codes in the United States.
The building code provisions of Title 24 are notable'
for;
• Stringency. The Title 24 standards typically exceed
IECC and ASHRAE efficiency levels.
• Performance-Based Provisions. California's building
efficiency standards are organized into three basic
components: mandatory features, prescriptive
package requirements, and performance guide-
lines.
• High Compliance Rates. Field verification studies
for Title 24-compiiarit buildings show that 70% of
homes meet al! code requirements.
• Flexibility. California is one of a few states that
includes a performance-based approach that per-
mits a wide variety of combinations of energy effi-
ciency measures to meet code requirements.
• Receiving Active Support. The California Energy
Commission (CEC) maintains an expert staff that
manages the code development process and pro-
vides technical assistance in code interpretation
and enforcement.
• A Forward-Looking Orientation. California periodi-
cally expands the scope and stringency of its ener-
gy codes to ensure that they capture available
"potential savings" and works with its utilities on
research and development to incorporate proven
technologies.
California's new 2005 building efficiency standards
are expected to yield $43 billion in electricity and
natural gss savings by 2011. Forecasts estimate that.
the standards will reduce annual energy demand by
180 MW, equivalent to the electricity requirements
of 180,000 average-sized California homes (CEC
2003). The C02 savings in the residential sector aione
is 49,000 tons per year, a figure equivalent to 9,600
passenger cars not driven for one year {USCTCG
2005).'
$*• Chapter 4. Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version)
Web site:
http://www.ensrgy.cs,gov/tit.l824/
Oregon and Washington
Compared to California, the states of Oregon and
Washington take a simpler and more prescriptive
approach to building energy efficiency. Their strategy
is cioseiy aligned to the Model Conservation
Standards (MCS) developed in the Northwest region
during the 1980s. The MCS were originally dissemi-
nated as voluntary standards under utility programs
that offered incentives, education, and other support
to builders. As builders came to accept the MCS,
states in the region moved to incorporate them into
building codes. 'v
The simplicity and consistency across local jurisdic-
tions of Oregon and Washington's prescriptive
approach has achieved a high level of code compli-
ance. A recent construction practice survey found
that 94% of homes surveyed in Washington and
100% in Oregon met or exceeded code requirements
for the building envelope {Ecotope 2001).
Residential energy codes in Oregon saved 857 million
kilowatt-hours (kWh) and 40 million therms of natu-
ral gas in 2000 (Oregon Office of Energy 2001).
Web sites:
h?.tp://e?gQv.oregon.gov/f:Nf:RGy/CONS/Codes/codehm.
shtml ' ' .
hi:tp://vvww.energy.wsu.edu/code/dsf3ull.<:i:rti
Texas
Texas is a "home rule" state that passed legislation in
2001 requiring local governments to follow a single
statewide building energy code. It is also the first
.state to adopt an energy code primarily for Clean Air
Act compliance reasons. After extensive stakeholder
consultation, the state elected to adopt the IECC,
including a solar heat gain standard for windows
that results in significant cooling and peak load
energy savings. The following are key features of the
Texas code;
• The lECC's cooling energy savings are substantial.
Electricity reductions from the solar heat, gain
standard alone will total 1.8 billion kWh over 20
years and avoid 1,220 MW of peak demand at the
end of the 20-year period (fribble et si 2002).
• The Texas energy code is approved for 0.5 tons per
day of NO, emissions credits from EPA in the SiP
for ozone pollution, This is the first time that an
energy code has been adopted by a state specifi-
cally to improve air quality.
• Because Texas is a home rule state, it has limited
ability to impose regulatory requirements on locai
jurisdictions. Successful implementation of a sin-
gle statewide energy code is a political milestone.
Web site:
htLp://WVVW.LfCC.Si:8te.tX.US
Arizona
Arizona is another home rule state where energy
codes are adopted and enforced at the local level. As
such, several communities—including Pima County
and the city of Tucson—have emerged as local lead-
ers in building code adoption. Both jurisdictions now
have codes based on the 2000 IECC. Another Arizona
municipality, the city of Phoenix, recently conducted
a comprehensive review and technical comparison of
the national mode! building codes. After initiating a
process to solicit stakeholder input, Phoenix pursued
and adopted residential anci commercial codes, mak-
ing it the first city in the United States to adopt the
IECC 2004 supplement for residential construction
and the ASHRAEE 90.1 2004 standard for commer-
cial construction.
The successful experience of these municipalities has
encouraged other local governments in Arizona to
consider adopting an energy code. The Maricopa
Association of Governments, a Council of
Governments that, serves as the regional agency for
the Phoenix metropolitan area, is currently assessing
the possibility of adopting building energy require-
ments for the more than 30 localities included 'with-
in (^jurisdiction (Panetti 2005).
Section 4,3, Building Codas for Energy Efficiency
-------
EPA Clean Energy-Environment Guide to Action {PrepublicatSon Version}
Projected results from building codes programs
include:
• By adopting the 2004 IECC, Phoenix is expected to
reap an 18% reduction in residential energy con-
sumption, a 21% reduction in electricity use, and a
10% in naturai gas use.
» !t is estimated that while a new home built to the
SECC will cost an average of $1,517 more than a
home built without the code., the difference will
be repaid to homebuyers in 3.9 years (based on
simple payback). The life-cycle cost savings associ-
ated with improved energy efficiency from adopt-
ing the IECC is $11,228 per home (BCAP 2005b).
Web site:
n&rgy%20code.asp
What States Can Do
States with energy codes can consider updates and
improvements to the implementation process. States
with no energy code in place can examine the costs
and benefits of implementing a code and consider
initiating a code adoption process.
Action Steps
States that already have an energy code can:
« Implement a rigorous enforcement program that
ensures local building code departments have
proper training and resources, including adequate
staff coverage.
* Review the version of-the document currently in
force, tf it is more than five years oid. consider an
updated version, The latest available SECC code
version is the 2006 version, which was released in
October 2005. The most, recent ASHRAF. Standard
90.1 is the 2004 version,
• Conduct analysis on the effect of potential code
updates on energy and cost savings for building
owners, on the effect on energy generation and
distribution, and on air pollutant and greenhouse
gas emissions levels. Balance these benefits
.against any added construction costs,
• Initiate a stakeholder process to review the data,
obtain participant, input, and decide whether to
adopt a new cods.
« If a new version of the energy code is adopted,
initiate administrative and educational processes.,
Implementation tools and other resources are
available at no charge from DOE,
• If a state-specific energy code training program
exists, review it and consider an update that
describes new codes not currently covered.
States that are considering adopting an energy code
can:
» Review all available model codes and standards
and learn about other states'' experiences. Conduct
research and analysis to determine which codes
best match the needs of the area under considera-
tion.
• Establish a baseline building prototype against
which to assess the benefits of an energy code.
This may require a field survey of homcbuilders,
suppliers, and contractors, including onsite inspec-
tions and interviews.
• Conduct, an analysis of the effect of the new code
on energy and cost savings for building owners,
power system reliability, and reduced air pollutant
and greenhouse gas emissions. Balance these ben-
efits against any added construction codes.
• Initiate a stakeholder process to review the data,
obtain stakeholder input,, and decide whether to
adopt the energy code under consideration.
• After a decision to adopt an energy code, initiate
administrative and educational processes, as
appropriate,
• Develop a code implementation process that
includes training and technical assistance. Reach
out to affected industries and audiences across
the state.
$*• Chapter 4. Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prapubiication Version)
Information Resources
Information About individual Stats Codes
DOS States of State Bwgy CsiS**. This Web site provides data for each state on
state contacts, current code status, code history, and construction data.
8CAP, A nonprofit organization, BCAP is dedicated to hoi ping states adopt and
imple-ment up-to-date building energy codes. The 8CAP Web site includes mans,
data on code status for ail states., and information on training opportunities.
California: CEG. Phone: 016) 654-5106 or (800) 772-33CO {tot! free in California).
E-mail: title24@snergy.state.ca.us.
Reside: DspBrtmsnt of Community Affairs. Codes & Standards Office
2555 Shumard Oaks Blvd.
Tallahassee, PL 32399-2100
Phone:(850)487-1824 .
B«iidin§ Energy Codes Program (SECP) Wafc sKs: Csss Study: M&ssnehwsfo
Cowtmarcia! &t*fgy Cede. This Web site includes highlights o; the Massachusetts
Commercial Energy C(:c)e and detalis of th« collatjora-ivB cod• Section 43. Building Codes for Energy Efficiency
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version)
»AI!»fl!tfiS(H»
Other Resources for Building Code Information
ASHSAE ASHRAE provides technical standards and other technical information.
BCAP, A nonprofit organization, BCAP is dedicated to helping states adopt and
implement up-to-dats building energy codes.
Codss and Standards; MEG, The MEC is published and maintained by the ICC. The
1998IECC is the successor to the 1995 MEC.
D0£ B£CP. Operated by PNNL, BECP provides compliances tools,technical assis-
tance, and other code information and support.
ICC. The ICC provides code documents, technical assistance, training, and other
services.
New Buildings institute {NBS}, A nonprofit organization, NBI develops leading-edge
commercial building standards and related research and technical information.
HESNET. RESMET accredits home energy rating organizations, and provides a vari-
ety of technical information on home energy ratings and home energy performance.
Compliance and Analytical Tools
0P£ Building Energy Tools Directory, This is the DOE directory of building energy
analysis tools.
SOE COMehsck-EZfffid RESchBck Softmsre, Provided through the DOE codes pro-
gram, these simple programs offer an easy way to check whether a wid« variety of
building designs mf>fM energy code requirements.
DOE Ensf^yPius, This public-domain software provides accurate building energy
simulation capabilities.
ENERSY STA8 Portfolio Mansssr. This tool allows users to track energy use of a
portfolio of buildings online. It includes functions for benchmarking, managing a sin-
gle building or group of buildings, assessing invostint'nt priorities, and verifying
building performance.
ENEHSY S'iM Target Rndsr, Ttiis icoi rates the en«rgy pijrfurmance of a building
design using information sboirt energy'use per-squarerfoot derived from building
design simulation tools. EPA's energy performance raiino system uses a 1 to 100
scale, where an ENERS5Y STAR target rating is 75 or higher.
Chaptar4. Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepubllcation Version) * //jjj&
{fulfil
Examples of Code language
Arsons
Propaasd Afijandssents to !ECC,
'**" *
Suststtssbie Energy Standard for the SECC, 2000 edition, region-
ally spseffe for the Tucson Mstrapoiitan Area,
—-+•
Mzsm Stet* Ensrgy Cods; Advisory Gommfa&it {vofcstaiy},
Cslrfornia State Lsglsiatare, A8 870, Section 23553,
Enerpy EfScisncy Standards for Residemisi and
Monrssitfsntisi BuSfdings.
Texas
Tsxas Sta^ Lsgisistyrs, SB S-lBsfelativs Ssssion 77JR},
Tsxss RasisJsRllsJ Building Said« 1s Snsrgy Cod« Compiianes.
Oregon Rsvised Statutss, 455.525.
Orssgon Pspsitcmsnt d Energy, £fmrgy Cods Publications i
iJa;?/i>gsfy<«eca! -,|»v,'{NF>K'
Wssf-iiogtori Stst» Legislature, WSR 6W1-«13, Enter "05-01 - f.ttg ("
013 " in Search Bills, RCW, WAC, and State Register box and
check "State Register 2005."
Codes.
$t«t« BwiWifig Code Coisnci), Stete Bwildino
References
AACOG. 2065. SB S Performance Standards. The Requirements. Alamo Area Council
of Governments (AACOG} Web site. Accessed July 2005.
BCAP. ZOOSa. BCAP Web site. Providence, Rl.
BCAP. 2005b. Personal correspondence with BCAP on June 13, 2005.. which was
based on data from a Southwest Energy Efficiency Project (SWEEP) report titled
"increasing Energy Efficiency in New Suildings in the Southwest, Energy Codes and
Best Practices," August 2003.
Section 4.3, Building Codes for Energy Efficiency
-------
EPA Clean Energy-Environment Guide to Action (Prepublicetion Version!
CEC. 2003. Initial Study/Proposed Negative Declaration for the 2005 Building Energy
Efficiency Standards for Residential and Nonresidential Buildings, P40C-G3-01fl.
September. .CEC.
CEC, 2005a. 2004 Annual Review of the PIER Program, Volume 2: Residential and
Commercial Buildings End-Use Efficiency Project Summaries. CEC-5CG-2QQ5-055-V2.
March. CEC.
CEC. ?.QG5b. 2005 Building Energy Efficiency Standards for Rasidential and Non-
Residential Buildings, P40fl-03-00i F-M. October 1. CEC.
City of Fort Collins. 2002. Evaluation of New Home Energy Efficiency: An Assessment
of the 1996 Fort Collins Residential Energy Code and Benchmark Study of Design,
Construction and Performance for Homes Built Between 1SS4 and 1983. Summary
Report For!: Collins, CD. June.
Eash, J. 20G5. Personal communication with John Eash of CEC's Buildings &
Appliances Office. July 12.
| Ecotope.2001. Baseline- Characteristics of the Residential Sector: Idaho, Montana,
Oregon, and Washington. Northwest Energy Efficiency Alliance, Portland, OR.
December.
GeHer, H., C. Mitchell, and J. Schisgel. 2005. Nevada Energy Efficiency Strategy.
SWEEP. January. " j
Haberl,. J., C. Culp. B. Yazdani, T. Fitzpatrick, J. Bryant M. Ve rdict, D. Turner, and P. j
1m. 2003. Calculation of NOj Emissions Reduction from Implementation of the 2000 j
IECC/IRC Conservation Coda in Texas. ESL, Tssxas A&M University, College Station. j
September.
ICC. 2005. News. ICC Web site.
Kushler, M., 0. York, and P. White. 2005. Examining the Potential for Energy Efficiency
to Help Address the Natural Gas Crisis in the Midwest. ACEEE. Report No. U051.
ACEEE, Washington, D.C. January,
MEEA. 2002. MEEA Minute. Public Benefits Fund Primer. Midwest Energy Efficinncy
Alliance (MEE.A). Fall.
Motamedi. L,V. Hall, and B. Kaneshiro, 2QG4. California Energy Action Plan: Goal 1,
Optimize Energy Conservation and Resource Efficiency, Status Report. CPUC
Division of Strategic Planning, CEC Energy Efficiency and Demand Analysis Division,
CPUC Energy Division. September 8.
New York Energy &nart. 2005. NYSERDA Naw York Energy Smart Web site.
NYSERQA. 2004. Funding Opportunities. NYSERDA Web site. Accessed Ju!y 2005.
Oregon Office of Energy. 2001. Conservation Program Savings. Oregon Office of
Energy, Salem.
Panetti, 6.2005. Telephone conversation with Cosimina Panetti, 8 CAP, June 2, 2005.
Chapter 4. Ermrgy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prapublication Version) ; ••:-"
Pn'ndle, W., N. Oietsch, R.N. Bliott, M. Kushler, T. Longer, and S. Narfel. 20S3. Energy
Efficiency's Next Generation: Innovation at the State Level, Report Number E031.
ACEEE, Washington, D.C. November,
Triable, A., K. Offringa, B. Prindle, 0. Aratesh, J. Zarnikau, A Stewart and K. Nittler.
2002. Energy-efficient windows in the southern residential windows market. In
Proceedings of the 2002 ACEEE Summer Study on Energy Efficiency in Buildings.
ACEEE, Washington, D.C.
U3CTC6.2005. U.S. Climate Technology Cooperation Gateway, Greenhouse Gas
Equivalencies Calculator. Accessed July ZOOS.
DOE. 2002. Building Energy Codes Program Web site: Case Study: New York Energy
Conservation Construction Coda. DOE, Office of Energy Efficiency and Renewable
Energy, Washington, O.C. June.
DOE 2005. State Energy Alternatives: Energy Codes and Standards.
Energy Efficiency and Renewable Energy Web site. U.S. Department of Energy,
Washington, D.C.
Weitz, D. 20053. Personal conversation with David Weitz, BCAP, June 22,2005.
Weitz, 0.2005b. Persona! e-mail from David Weitz, BCAP, May 31 2005.
•"P""~*~~
XENERGY. 2001. Impact Analysis of the Massachusetts 1998 Residential Energy Code
Revisions. XENERGY Inc., Portland, OR. May 14.
Section 43, Building Codes for Energy Efficiency
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version}
4,4 State Appliance Efficiency
Standards
Policy Description and Objective
Summary
State appliance efficiency standards establish mini-
mum energy efficiency levels for appliances and
other energy-consuming products. These standards
typically prohibit the sale of less efficient models
within a state. Many states are implementing appli-
ance snd equipment efficiency standards, where
cost-effective, for products that are not already cov-
ered by the federal government.13 States are finding
that appliance standards offer a cost-effective strat-
egy for improving energy efficiency and lowering
energy costs for businesses and consumers.
As of November 2005,10 states (Arizona. California,
Connecticut, Maryland. Massachusetts, New Jersey,
New York, Oregon, Rhode Island, and 'Washington)
have adopted standards for 36 types of appliances,
Four .states (Maine, New Hampshire, Pennsylvania,
and Vermont) are considering adopting standards.
Appliance efficiency standards have been an effec-
tive tool for improving energy efficiency. At the fed-
eral level, the U.S. Department of Energy (DOE) has
been responsible for setting minimum appliance
standards and test procedures for an array of resi-
dential and commercial appliances and equipment
since 1987. As of 2000, federal appliance efficiency
standards had reduced U.S. electricity use by 2.5%
and carbon emissions by nearly 2%. By 2020, the
benefits from existing standards are expected to
more than triple as the stock of appliances .and
equipment is replaced by more efficient models
(Gelier et at. 2001). The appliance standards for 16
products established by the Energy Policy Act of
Appliance standards save energy and gener-
ate net benefits for tones, businesses, and
Industry by reducing the energy cost needed
to operate equipment and appliances.
2005 are expected to yield an additional 2% savings
in total electricity use (ACfc'EF ?005a}.
Efficiency standards can play a significant role in
helping states meet energy savings goals. In New
England, for example, a package of slate standards is
expected to reduce load growth by 14% from 2008
to 2013 and cut summer peak demand growth by
33% (Optimal Energy 2004).
States are also finding that appliance standards have
low implementation costs because the existing stan-
dards of states like California can be leveraged.
Objective
The key objectives of appliance efficiency standards
Raise the efficiency of a range of residential, com-
mercial, and industrial energy-consuming prod-
ucts, where cost-effective.
Overcome market barriers, such as split incentives
between homebuilders and homebuyers and
between landlords and tenants, and panic-pur-
chase situations where appliances break and must
be replaced on an emergency basis, In a panic pur-
chase, customers usually don't have the time to
consider a range of models, features, and efficien-
cy levels.
Ensure energy use reductions to prevent pollution
and greenhouse emissions, improve electric system
reliability, and reduce consumer energy bills.
While under certain conditions, states can oxcoed a federal standard for a federally covered product, overall, fetters! law is preemptive. For exam-
ple, in tnc- case of building codes, a slats can create a building codo compliance package in which 2 furnace is at a higher efficiency than the fed-
eral standard. Howsver, the state must also provide n compliance path under which the higher-efficiency furnace is not required. Trws, the option
to exceed federal standards is indirect and is typically o«!y possible in the case oi building codes, in addition, states cannot ban lower efficiency
products.
Chapter^ Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
SttTE ?*STNf.«SHI»
Bsnsfrts
in addition to saving energy, appliance and equip-
ment, standards help reduce pollutant emissions,
improve electric system reliability, snd save con-
sumers and business owners significant amounts of
money over the life of the equipment. As of 2000,
federal standards had reduced U.S. electricity use by
2.5% and U.S. carbon emissions from fossil fuel use
by nearly 2%. Total electricity savings from already
adopted federal standards are projected to reach 341
billion kiiowatt-hours (kWh) per year or 7.8% of the
projected total U.S. electricity use in 2020 {Geller et
al. 2001). The appliance standards in the Energy
Policy Act of 2005 are expected to rssult in addition-
al savings of 90 billion kWh per year or 2% of pro-
jected total U.S. electricity use in 2020 (ACEEE
2005a). The potential savings from five products that
are not currently covered by federal law or designat-
ed under tPAct for standard setting by DOE are esti-
mated to be 24.4 terawatt-hours (TWh)14 of electric-
ity and about 4 quads15 of primary energy^ in 2030
if implemented.nationally, generating $14.6 billion in
net savings for consumers ?jnd business owners for
equipment purchased through 2030. These standards
are also very cost-effective, with a high benefit-cost
ratio, as illustrated in Table 4.4.1. (Nadel et al. 2005).
The direct economic and environmental benefits of
state standards are also substantial. One study of 19
California product standards projects savings to
California consumers and businesses of more than $3
billion by 2020 and estimates that these standards
will reduce the need for three new power plants
(ASAP 2004).
Table 4.4,1: Estimated Energy Savings and Economics sf Appliance Standards Mot Csvsrsd by Fsdsra! Law
Digital cable &sate!!ite > __„_
boxes . mi
Digital television adapiers 200? ] 03
Medium-railage dry-type > .„,„,
1,„„_!_„„»„ «S«»
\
transformers
Metai halide lamp fixtures ' 2008
Reflector lamps
Total
T
2.7
8.0
3.9
17.3
28
S3
40
178.0
."«, •*. V VV* ^w*w.n.i*n.w
D.D > Q
3,9
144
39
244 2W.fi
0.4
0.2
0.6
1.9
0.9
4.0
U
U
2.4
14.8
4.1
7.4
5.5
10.8
4.1
' Net Present Value is the value of energy savings due to standards minus Thft fidilitionai cost of more efficient products, expressed in current dollars.
A 5% real discount rate was used for these calculations.
M QneTWhisabiilirifikWh.
55 A "quad" is a quadrillion Btus. By way of comparison, the enEire United States currently uses a total of about 100 quads annually in ail sectors of
ths economy.
" "Piimary" energy includes the energy content of the fuel burned at the power plsr.i arid (iot just the energy content of electricity as it enters a homi
or factory. Typically, about three units of energy are consumer! at the power plant in order to deliver one unit of energy to a horre. The remaining
energy is lost as waste heat from tne power plant and along *e transmission and distribution system.
Section 44. Ststs Appliance Efficiency Standards
-------
EPA Clean Energy-Environment Guide to Action (PropublicatJon Version)
States with Appliance Efficiency
Standards
A number of states have either implemented appli-
ance standards or are considering implementing
them, as shown in Figure 4.4.1. California's appliance
standards program dates to the 1970s, when ths
state began to pursue standards before the enact-
ment of federal legislation. When the federal govern-
ment opted not. to issue standards under its legisla-
tive mandate in 1982, other states joined California
and developed state standards. These state initiatives
helped create the consensus for new federal legisla-
tion in 1987 (the National Appliance Energy
Conservation Act or NAECA) and the Energy Policy
Acts of 1992-and 2005. While the NAECA preempted
state action on federally covered consumer products
(with limited exceptions as discussed later).
California has continued to develop efficiency stan-
dards for other products and technologies.
California's appliance efficiency standards are esti-
mated to have saved about 2,000 megawatts (MW)
(about 5%) of peak electricity demand in 2001. As
shown in Figure 4.4.2. this represents 20% of
California's total peak load savings from all energy
efficiency programs. The standards cover 30 products
(pius three additional products for which stand?jrds
or revised standards are pending) and have saved
consumers and businesses millions of dollars. (Delasxi
2005)
Additional states have recently enacted efficiency
standards. These include Arizona, Connecticut,
Maryland, Massachusetts, New jersey. New York,
Oregon, Rhode Island, and Washington. Table AA.2
lists adopted and pending efficiency standards by-
state. In setting equivalent or stronger standards at
the national level for the shaded products in Table
4.4.2, the federal Energy Policy Act of 2005 (EPACT
2005) preempts additional states from setting stan-
dards for these particular products. States that
enacted standards prior to EPACT 2005 will enforce
their state standard up until the equivalent or
stronger federal requirements go into effect.
Figure 4,4.1: States with or Considering Appliance
Standards
figure 4,4,2: Load Savings from Appliance Efficiency
Standards as Compared to Other Energy Efficiency
Programs In Caftfornis
1S.OOO
1975
1980
1985
1390
1995
2000
Q Appliance Standards
£§ f UQ| Substitution
0BuiMing Standards
|g] Cansorvdfon & Efficiency
[;•] Public Agency Programs
fj Load Management
Chapter 4. Energy Efficiency Actions
-------
EPA Ciesn Energy-Environment Guide to Action {Prepubiication Version) '• ;;
Clean E
SIJiTF PARTNERSHIP
4,41: Statss w^s Adopted ar Pandimg Appliance Effmsney
Boilers and central furnaces not covered by federal standards
Ceiling fans and ceiling fan tights' •
Corrmi!:feial clothes washers
Commercial hot food holding cabinets . '
Commercial ice-makers'-
Commercial reach-in refrigerators and freezers*
Commercial unit heaters
Computer room air conditioners
Consular audio and video equipment
Digital television adaptors
Dues furnaces
Evaporative coolers
Exit signs
External power supplies?
freezers (residential, 30 to 38 cubic feet)
Genera! service incandescent lamps not federally regulated
High-intensity discharge lamp ballasts
Hot tubs (portable electric spas}
incandescent reflector lamps not federally regulated
Large commercial packaged air-conditioners
Low-voltage dry-type distribution transformers
Medium-voltage dry-type distribution transformers
Ivfetai haiide lamp fixtures
Pool heaters not covered byfedera! standards
Poo! pumps
Pre-rinse spray valves
Refrigerated beverage vending machines?
Small water heaters not covered by federal standards
Torchieres
Traffic signal modules-pedestrian
Traffic signa- modules-vehicular
Under-cabinet light fixture ballasts
Walk-in refrigerators and freezers
Water dispensers
Water mid ground water-source heat pumps
Wine ehiiU'rs
x !
X ' X K
X
x ; x ,
x ; « ~t x
K • X X
X
X
X
X
X
XXX
X X 5
X
xo !
1
X i
" a I
g^jii^fep^j
m$®mmm:
X XO
X
X
X X 5
X '
X
X X $ X
x k \
X X ! X
X
X
X
X
X
x
X
X t K
X X
X >,
t
X i X
K
;
v
X
iS$;!:;|ite|:i:;:!:ll:
x ! j
X" \ j
: '
^
"•
' « | x"
^ K
X 5 X
i
! i ...
X
X .. X
XXX
XXX
xxx
X
x
XXX
X X , X
\ ^
X X
;i| Hi iilHtMl
111
!
!
X X ! X
X IS ; X
--""-t v
X X | X
X X ;
X X ! X
:
^
^^
X
X
X
«
x i
:
x .,
x.
X
Sit
Ifll
:
x 1
:
X
X
X
I
1
1
Key: X-Adoptad. XO-Standard adopted and a ravisad standard is pending, 0-Pcndtng.
Shsici to set standard:: whoe these criteria are met.
Section 44, State Appliance Efficisncy Standards
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Washington's appliance efficiency standards are
expected to result in significant electricity, natural
gas, and water savings. An analysis by the state's
Department of Community, Trade and Economic
Development's Energy Poiicy Division estimates that
the standards on these 13 products will save 136
million kWh of electricity, 2 million therms of natural
gas, and 406 miliion gallons of water in the first, year
the standards are enacted. Savings grow significantly
over time as old products are retired and new prod-
ucts subject to these standards are installed. This'
report aiso estimates that by 2020, assuming the
standards are in place through that period, natural.
gas savings would amount to 3% of the commercial
sector's consumption and total electricity savings
couid power 90,000 homes. By 2014, annual water
savings from these standards could lotai up to 2 bil-
lion gallons. Standards on pre--rinse spray valves
could save 51,205 megawatt-hours (MWh) of elec-
tricity, 6,745 therms of natural gas, and 1,785 million
gallons of water per year by 2020 (State of
Washington 2005).
Designing an Effective Appliance
Standards Policy
States have substantial experience with appliance
efficiency standards. Key issues they have addressed
include:' identifying participants, design issues, and
linkages with federal and state policies.
Participants
• State Legislatures. Establishing efficiency stan-
dards in a state typicaliy requires enabling legisla-
tion, However, once legislation is enacted, it may
allow an executive agency to set further standards
administratively. Because legislation has been
developed for many standards, state legislatures
typically do not need to conduct, original research
on definitions. Similarly, because several states
have established standards for administration pro-
cedures, these implementation processes can also
be largely replicated from other states' experi-
ences.
• State Energy Offices. State energy offices, which
typically administer the federal state energy pro-
gram funds, have generally acted as the adminis-
trative lead for standards implementation.
• Product Manufacturers. Companies that make
affected products clearly have a stake in standards
development. Proactive consultations with rnanu-
facturers'can increase the speed and effectiveness
of the development and implementation process.
Their expertise can help refine efficiency levels and
labeling and certification procedures.
' Product Distributors, Installers, and Retailers.
Wholesale distributors, installation contractors,
and retail vendors are key players in that they
must know the technical requirements and label-
ing and certification rules to be able to participate
effectively in standards implementation and
enforcement.
• Customers. It is important to consider the people
who use the affected products during the standard
development and implementation processes.
Consideration includes assessing benefits and
costs to consumers and impacts on product fea-
tures or market choices.
• Utilities. Utilities may provide technical assistance
for developing standards'and support, for imple-
mentation. Their relationships with customers and
trade allies can also bs helpful in educating mar-
kets about the effects of new standards. Utilities
that operate voluntary efficiency programs may
want to coordinate their incentive and education
programs, gearing voluntary incentive targets to
the standards.
• Public Interest. Organizations. Groups representing
consumers, environmental interests, and other
public interests can offer technical expertise and
important public perspectives in developing and
implementing standards as baselines.
Key Design issues
• Defining the Products to Be Covered by Appliance
Standards and Their Associated Efficiency Levels
and Screening Products for Applicability and Cost-
Effectiveness. States have adopted appliance stan-
Chapter 4. Ertargy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prapublication Version} ':
dards that, cover from five- to more than 30 prod-
ucts. Some products may not be appropriate can-
didates for standards if, for example, they have
recently been covered by federal law, or they are
not appropriate for the state's climate or markets.
States target certain products for standards based
on their total energy savings potential, technical
feasibility, and economic attractiveness. Because
technologies suitable for appliance standards are
typically already being used in well-known, consis-
tent applications, estimating their energy savings
has been relatively straightforward.
Assessing Overall Benefits and Costs. In addition to
the economic assessment of individual technolo-
gies., states have conducted overall assessments of
benefits and coses, Benefits can include energy
savings, energy bill reductions, electric reliability
benefits, reduction in future energy market prices,
and air pollutant and greenhouse gas emission
prevention. Costs can include product buyer costs,
product manufacturer costs, and program adminis-
tration costs.
Availability of Test Methods. Test methods are nec-
essary to sat efficiency levels for the state appli-
ance standards. Test methods may have been
established by federal agencies such as DOE or the
U.S. Environmental Protection Agency (EPA), by
other states that have already set standards, or by
industry associations representing companies that
make the products of interest.
Defining Certification and Labeling Requirements.
Like test methods, product certification and label-
ing procedures may have already been established
by federal or state agencies or by industry associa-
tions. !n some cases, it may be necessary for appli-
ance standards regulations to define a labeling or
certification method beyond those already estab-
lished. On the other hand, and in rare instances,
technical or market issues may warrant certifica-
tion or labeling exemptions for certain products.
For example, if a standard calls for a simple, pre-
scriptive design change, that feature may be so
visible on the product th?jt certification and label-
ing may not be needed.
Establishing Inspection and Enforcement
Procedures, Inspection and enforcement of appli-
ance standards regulations has typically involved
self-policing. Industry competition is usually such
that competitive manufacturers report violations.
While states may want to reserve the legal right
to inspect individual products or installations, it is
rare that federal or state agencies have had to
institute regular inspection or sustained enforce-
. merit actions.
Interaction with Federal Policies
Federal laws, such as NAECA, EPAct 1992, and EPAct
2005, have established appliance efficiency standards
for more than 40 products (see Table 4.4.3 on page 4-
60). DOE is currently conducting rulemakings for
three of the products listed in Table 4.4.3: commercial
packaged air conditioners, residential furnaces and
boilers, and dry-type distribution transformers. FPAct
2005 directs DOE to set standards for several addi-
tional products, including: vending machines, dehu-
midifiers, external power supplies, commercial refrig-
eration, and icemakers. States can actively promote
efficient models of these products by increasing con-
sumer awareness and developing other programs.
States are preempted from setting their own stan-
dards for the products covered by federal standards.
State efficiency standards that were established .
before a product'was covered under NAF.CA are pre-
empted as of the effective date of the federal stan-
dard (i.e., the date that manufacturers must comply
with that standard). Nevertheless, some states are
enacting standards for products that are not yet cov-
ered by federal law, for which DOE rulemakings will
take place (as directed by EPAcL), and/or that art-
being considered for coverage under NAECA, expect-
ing to gain several years of savings in the interim.
States can apply for waivers of preemption for prod-
ucts that are covered by federal law. If, for example,
they face special conditions, states can cite such cir-
cumstances as the basis for a waiver. In September
2005, California petitioned DOc for a preemption
waiver to implement. 3 state water efficiency stan-
dard for clothes washers. Legislation pending in
Massachusetts would require state.officials there to
seek a waiver from federal preemption allowing the
state to implement tougher home furnace and boiler
standards.
Section 4.4, Stats Appliance Efficiency Standards
-------
EPA Clean Energy-Environment Guide to Action (Prspubiication Version}
Tsbte 4A3; Products Subject ia Existing Fedorel
fflsisnsy Standards '
Central air conditioners and
heat pumps
Clothes washers
Clothes dryers
Direct-fireo space heaters
Dishwashers
Fluorescent lamp ballasts
Freezers
Furnaces and boilers
Pool heaters
Ranges and ovens
Ref rige rato r-f ree ze rs
Room Air-Conditioners
Televisions'
Water heaters
Commercial furnaces and
boilers
Commercial packaged air
conditioners & heat pumps
Commercial water heaters
Distribution transformers1
Electric motors {1 to 200
horsepower)
Faucets and aerators
• Fluorescent lamps
• High-intensity discharge
lamps'
• Incandescent reflector
lamps
- Small electn'e motors
l< 1 horse povwrp
• Sliowerrieads
• Toilets
Automatic: commercial ice
makers'
Ceiling fans and coiling light
kits
Commercial clothes wash-
ers
•Commercial refrigerators
and freezers'
Commercial pre-rinse spray
valves
Compact fluorescent tamps
Dehufnidiflers
External power supplies'
Fluorescent lamp ballasts
High-intensity discharge
lamp ballasts
Illuminated exit signs
Large packaged air-condi-
tioners (>20 Sons)
Low-voltage dry-type trans-
formers
Torchieres
Traffic signals (vehicular}
Traffic: lights
i
Unit heaters
Vending Machines'
Sautes: ftiutof nod Pyo 1$$$ 8MfASf£g2885}s,
' The specific standards fcr these products were not established by
the legislation, the legislation requires DOE to investigate whether
standards are technically feasible and economically justified arid to
sat standards where these criteria are met
Interaction with Stste Policies
Appliance efficiency standards interact with other
state policies in several ways. StanclarclS'Set a mini-
mum compliance level, while voluntary efficiency
programs help consumers identify products that.
achieve a high level of energy efficiency..For exam-
ple, ENERGY STAR specifications for products ars sig-
nificantly higher than minimum standards. The
ENERGY STAR program expands the use of highly
efficient products by homes and businesses, while
standards are used to prohibit.the sale of products
below an acceptable level. Additionally, standards
can interact with building codes by pre-empting
building code provisions related to those equipment
types, ensuring that building codes incorporate high-
er efficiency appliances. In some cases, building
codes can be modified to include tradeoffs for equip-
ment that exceed minimum standards or code
requirements.
Program implementation .and
Evaluation
Many states have learned that they do not need to
start from scratch when developing and implement-
ing appliance efficiency standards; in many cases.
they can refer to the work already conducted by
states with established appliance efficiency stan-
dards. For example, states have made minor adapta-
tions to existing legislation based on the product
lists and analyses conducted by other stales. States
have also consulted national and regional organiza-
tions with expertise and technics! support capability.
(For additional information about states' activities,
see the Stats Examples section on page X.)
While a state agency can initiate sn inquiry into effi-
ciency standards, legislation is typically needed to'
enable executive agencies to regulate in this area,
Once legislatively authorized, states have followed
these steps toward successful Implementation of
appliance efficiency standards:
• Establish a Stakeholder Process. Notify affected
manufacturers, consumers, utilities, state agencies.
and public interest organizations about the initia-
Chapter 4. Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version) K-
tive. Develop information materials and hold work-
shops to inform stakeholders and soiicit feedback.
* Define Covered Products. Develop a specific list of
product and equipment types to be" covered by the
program. States have obtained lists of eligible
products from other states that have recently
enacted standards and. from national organiza-
tions.
* Conduct Benefit-Cost Analysis and Related Studies.
(See design issues described on page 4'-58.)
• Conduct. Rulemaking. The rule typically defines
covered products, effective dates, efficiency stan-
dards, test, methods, certification and labeling pro-
cedures, inspection and enforcement procedures..
penalties for noncompliance/procedures for
appeals, waivers and other exceptions, and contact
information for the agencies involved, A ruiemak-
ing also provides Formal notice, review, and com-
ment procedures. When enabling legislation
authorizes the executive branch to acid new prod-
ucts or update- standards on covered products, the
regulatory process" may be reopened after a few
years.
• Monitor, Review, and Modify the Program as
Needed. Based on stakeholder response and mar-
ket trends, some states have made specific pro-
gram modifications, including revisions to covered
products, efficiency levels, and effective dates, as
well as process improvements such as more fre-
quent stakeholder input cycles arid more transpar-
ent, public information processes.
Typical implementation issues include:
• Effective Dates. A single date is typically estab-
lished after which noncomplying products cannot
be sold or installed in the state, in some cases,
where warranted by product-specific considera-
tions, extra time is allowed for manufacturers or
retailers to prepare for the new standards.
• Test Methods, A specific method must be defined
for testing the efficiency of a given product type.
DOE, industry associations, and/or technical soci-
eties such as ASTM, ASMF., IESNA, or ASHRAE are
typical sources of test methods.
Product Certification. The federal standards pro-
gram is essentially self-certifying; that is, manu-
facturers use approved test procedures-to attest
that affected products comply with standards.
Some states, notably'California, maintain databas-
es of covered products to identify which models
are in compliance with their state standards.
Labeling Requiroments. To date, state standards
programs have relied primarily on national labeling
and other information programs to address the
need to label covered products. For example, fed-
eral law requires the Federal Trade Commission to
operate an appliance labeling program for defined
product types, and the DOE/EPA ENERGY STAR
programs include certain labeling guidelines. In
some cases, industry associations set labeling
guidelines for certain products. Labeling issues
vary by product type and are resolved on a case-
by-case basis.
Enforcement. The federal standards program and
the California program are largely self-policing!
Manufacturers are expected to provide complying
products and competitive forces are expected to
prevent violations. Enforcement actions typically
depend on market participants to bring violation
claims. In the two long-running programs-the
federal and California programs-enforcement
actions have been rare.
teamed tram stslasthatfisv&adeptsd appJisnea
asEi eas&fasf f rctips, advocates, sad irtHMss. Keep
statehoirfers mtom%3. grtrf sss?t tteir laputfeplarlv-
: cowers^ products, *$•>
* etansy tevesr effective da&gLtgst stetlwste, product;
: eeffif!8sl3«nr labeling r&spr&is&iits, and
', they ar« t«$hnie<y and iegsliy&p & date. v
Section 44. Stats Appliance Efficiency Standards
-------
EPA Clean Energy-Environment Guide to Action (Prspublication Version)
Evaluation
Appliance efficiency standards programs have
achieved defined results with minimal expenditure of
public funds. Evaluating the benefits and costs of the
standards is important during the standards-setting
process. Once enacted, iittle field evaluation is per-
formed.
Depending on the state enabling saw. the implement-
ing agency may be empowered to increase standards
for affected products and/or to set standards for
other product types. These actions are Sikely to
involve detailed technical and economic evaluation.
Improvements in the standards-setting process itself
can also be considered at such Limes.
Once a state-has operated a standards program for
several years, it is helpful to conduct a program
review to improve procedures and implement other
enhancements.
A key issue for assessment is degradation of savings.
Standards are established for a typical assumed
application; over time the use of the product or
device may change so that the original intent of the
standard is not being served, or technology may
change to the point that the device is used different-
ly. Consequently, it can be valuable to review the
markets and applications in which standards-covered
devices are used, to ensure that the standards are
having the intended effect. If the market or applica-
tion context changes sufficiently for a product, the
applicable standard may need to be reevaluated.
Other opportunities for evaluation include assess-
ments of energy, demand, emissions, and other
impacts over time, both for evaluating effectiveness
and for quantifying emissions impacts for air quality
or climate policy purposes. A periodic process evalu-
ation of the standards program can. also be helpful to
ensure that stakeholder participation is appropriate.
technical methods are up to date and effective, and
rulemaking procedures are as transparent and non-
bureaucratic as possible.
aad/or set-scarfsr&s for raw prorfaeis.
State Examples
California
California was the first state to initiate an appliance
efficiency standards program (in 1977} and main-
tains the most active and well -funded standards pro-
gram of any state, California law now covers 30
products; new or upgraded standards are under con-
sideration for three products. Most state standards
programs in recent years have used California's cov-
ered products, or a subset of these products, and its
technical procedures as the basis for their efforts.
The California Energy Commission (CEC) operates the
standards programs for the state. !t develops techni-
cal «nd economic assessments of products recom-
mended for rutemakings, develops draft regulations,
holds public participation processes, issues final
rules, monitors compliance, and maintains a data-
base of covered products.
California's standards program has contributed to
substantial improvements in energy efficiency. The
standards in place in the state are currently reducing
peak electric demand by about. 2.000 MW or about
5% of peak load. These savings account for about
20% of California's total peak demand reductions
from all efficiency programs over the past 20 years.
By 2010, the 2002 California appliance standards
could reduce natural gas consumption by 20.9 billion
cubic feet and electricity use by 2,485 million kWh.
This translates into a cumulative net savings of S1.S
billion. The savings could increase significantly by
2020: natural gas consumption would be reduced by
41 biliion cubic feet and electricity consumption
would be reduced by 7.1 billion kWh. resulting in a
cumulative net savings of $4,3 billion (ACEEE 2000).
California must receive a federal waiver to enact its
$»• Chapter 4. Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prspubiication Version)
proposed state standards for residential water
heaters and clothes washers, since they would
exceed the existing federal standards. California has
published standards for NAECA-covered and non-
NAECA covered products. However, the CEC appears
unlikely to request the waiver for water heaters so •
the proposed standards are not likely to save energy
beyond ISiAECA levels. On clothes washers, California
established 3 water factor In their standard. This
requires a waiver, which the CEC filed on September
13, 2005. If the waiver is granted to CEC, the clothes
washers standards could save 17 billion cubic feet of
natural gas, 1.1 billion RWh of electricity, and more
than $1.9 billion in cumulative net savings by 2020.
Water heater standards could save 19 billion cubic
feet of natural gas, 469 million kWh in electricity,
and $761 million in cumulative net savings.
Web sites:
htip://www.energy.ca.gov/efS'iciency/Hppiiarices/'
index.iuml
http://www.energy.ca.gov/3pp!ia!ices/doci.i!r,(;nt.s/
index.html (contains documents detailing California's
technical and economic analysis process)
inasx.html
http://www.energyic3.gGV/appiiances/appliance/
excsl...b3ssd...files/ (contains California appliance
data)
Connecticut
Connecticut enacted efficiency standards legislation
in 2004 through Senate Bill 145 (S.B.145). This bill
covers the following products: torchlere lighting fix-
tures, building transformers, commercial refrigerators
and freezers, traffic signals, exit signs, targe pack-
aged air conditioning equipment unit heaters, and
commercial clothes washers. The Connecticut stan-
dards are expected to save residents and businesses
more than $380 million in energy costs by 2020,
conserve over 430 gigawatt-hours (GWh) of electric-
ity, reduce summer peak electricity demand by over
125 MW, and avoid the emissions of about 65.000
metric tons of carbon (NEEP 2004).
Web site:
New Jersey
in 2005, Mew Jersey enacted energy efficiency stan-
dards for nine products. Very similar to the
Connecticut bill, the.new law sets standards for
commercial clothes washers, commercial freezers.
illuminated exit signs, very large air-cooled commer-
cial air conditioning equipment, low-voltage dry-type
distribution transformers, torchiere lighting fixtures,
traffic signal modules, and unit heaters.
Analysis of the bil! indicates that New Jersey cus-
tomers will save hundreds of millions of dollars in
energy costs over the next 20 years, while signifi-
cantly reducing emissions of sulfur dioxide (SCQ and
smog-forming nitrogen oxide (NOJ. The new stan-
dards are estimated to reduce New Jersey's annual
carbon dioxide {C02} emissions by almost 175,000
metric tons, equivalent to removing almost 145,000
cars from the road.
Web site:
http://vyww.bpij.stats.rij.ijs/homfi/home.shti-nl
Mew York
Signed on July 29, 2.005, the Appliance and
Equipment Energy Efficiency Standards Act. of 2.005
establishes state energy efficiency standards for 14
household appliances and electronic equipment not
currently covered by federal standards. The products
covered under the new law include ceiling fans, ceil-
ing fan light kits, furnace air handlers, commercial
pre-rinse spray valves, commercial washing
machines, refrigerators and freezers, icemakers,
torchiere lighting, unit heaters, reflector lamps, metal
halide lamp fixtures, pedestrian and vehicular traffic
signal modules, exit signs, and very large commercial
air conditioning units, in addition, the law requires
the Secretary of State and the New York State
Energy Research and Development Authority (NYSER-
DA) to set efficiency standards for electronic prod-
ucts that use standby power when they are turned
off but remain plugged In (e.g., DVD players and
recorders, VCRs, and battery chargers) in an effort to
reduce "phantom" energy consumption.
The appliance and equipment: efficiency standards
are expected to save 2,096 GWh of electricity annu-
ally, enough to power 350,000 homes. This equates
Section 4.4. State Appliance Efficiency Standards
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version)
Clou Bwgy£Gifi:<>iUitiutl
to annual savings of S284 million per year, C02 emis-
sions are expected to decrease by 870,000 metric
tons annually, NOX by 1,429 metric tons annually, and
S0? by 2,858 metric tons annually as a result, of the
new standards (Pew 2005),
Web site:
What States Can Do
Depending on whether authority for efficiency stan-
dards already exists, states interested in exploring
appliance efficiency standards can begin a new stan-
dards initiative, upgrade standards for products cur-
rently covered by state law, or expand coverage to
new products.
Action Steps for States
States that have adopted appliance efficiency stan-
dards can conduct the following action steps:
• Assess whether authority exists to upgrade current
standards or set st?jndards for other products. If
authority exists, determine appropriate increases
in efficiency levels for current standards or appro-
priate new products and efficiency levels. If
authority does not exist, work with policymakers
to assess the benefits of allowing the implement-
ing agency to upgrade standards and set standards
for other products.
» Deveiop a list of potential products for which
standards could be established and conduct an
initial assessment of efficiency levels. Conduct a
rulemaking process to determine the final products
to cover and the associated efficiency levels.
Encourage active stakeholder participation and use
transparent analysis and decision-making proce-
dures.
• Periodically report on program impacts and opera-
tions.
• Assess stakeholder communication and participa-
tion and revise these processes, if needed.
• Actively promote consumer awareness of appli-
ances for which EPAct 2005 directs DOE to set
standards.
States that are considering adopting appliance effi-
ciency standards can:
•i
• Review sample legislation, product, lists, and
analyses available from other states.
• Consult with stakeholders, national and regional
associations, and other key parties to conduct pre-
liminary cost/benefit and feasibility analyses.
• Work cooperatively with policymakers to deter-
mine whether appliance efficiency standards are
an appropriate option.
• Actively promote consumer awareness about the
energy cost savings and environmental benefits of
appliance standards.
Chapter4, Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
information Resources
Information About States
The Csttfcrwa Appliance Efficiency Program, This Wnb site provides information and
resources OR California's appliance efficiency programs, including current regula-
tions, rulemakings, a database of energy efficiency appliances, and background
information.
CsRIsffila App8&m0 £fficiasicy ftsgutetiuns. This Web site provides information on
California's appliance standard regulations.
8,gavi
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version)
BOE Appitencs and Commercial Equipment Standards. This DOE Web site provides
information on state and federal appliance standards.
Lading fc» Way: Continued Opportunsttes for New Stats Appiianes and Eqaiprorst
Mcisney Standards. Nsdei, S., A. delaskl, J. Kleisch, and T. Kubo. 2005. January.
This report describes opportunities for state governments to set minimum-efficiency
standards for 18 appliances and other types of equipment currently not covered by
federal standards.
NsHfmst Ertsrgy Efficiency Partnerships JNE£Pr> NEEP's Web site provides informa-
tion on promoting energy efficiency In the Northeastern United States. !
NEE?. &mryy Effcfeticy Standards: A Low-Cost, High levsrags Policy fof Norihsast'
Slates. This Web site provides access to updated information about energy efficien-
cy standards in the Northeastern states..
8««&sd end Prospective topscts e? U.S. Energy Ehtciettcy Standards for
RsssdemisiAppliances. Meyers, S., J. MoMahon, M. McNeil, and X. Liu. 2002.
Lawrence Berkeley National Laboraton/ (LBNL). June. Final Report. This project
involved development of an analytical framework to estimate energy, environmental,
and consumer economic impacts of federal residential energy efficiency standards.
Smart Energy Reliefs: Saving Money and Reducing Pollutant Emisstona through
Greater Enetify E^clsncy. The report details nine specific policy recommendations |
that could have a substantial impact on the demand for energy in the United States |
while also providing positive economic returns to American consumers and busi-
nesses.
What Are Appliance Efficiency snd Standards in the Ststes? This DOE Web site pro- j
vides information and resources on state appliance standards. '
Examples of Legislation
Arizona
AppE&nces and Eqiiipment Energy Efficiency Standards. This
bill sets minimum efficiency standards for 15 products.
California I Appitance Efficiency Regulations, 2808, This document provides
! California's appliance efficiency regulations, and related public
comments, hearing transcripts, and other information.
Cofarads
A Bi!i for m As-t Coftcsrnias Enafgy Efficiency Standard* for
Sptacifisd Dwtces (HB 04-1183). Tfiis h-iii .sets minimum energy
efficiency standards for 14 products.
CsnrtsciJcut
An Act Cortttoming Energy ffSessncy Standsrts, S,B.145. This
act reqoires the Secretary of she Offict! of Policy and
Management to establish, by regulation, minimum energy effi-
ciency standards for certain heating, cooling, lighting, and other
types of products.
Chapter 4. Energy Efficiency Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version) '""••',
PARTNESIHI*
Maryland
Maryland Houss 8i!l 1030. This bill, which WHS enacted in
January 2004, provides legislative language for Energy
Efficiency Standards for 1C products.
Massashusetfe i Massachusetts Appliaiscs Efficiency Stamiartis Act.
i Commonwssitfc a! Massachusetts. 2005. Chapter 138 of she
j Acts of 2G05. This act requires establishment of minimum effi-
| ciency standa rds for five prod u cts.
Minimum Efficiency Standards for Certain Products. Senate Bill
105 (3.8.105). State of New Hampshire. 2003. S.3.105-FM
Minimum Energy Efficiency Standards for Certain Products.
New Hampshire appliance standards information. This bill,
introduced in 2003, establishes state appliance and equipment
energy efficiency standards for 10 products.
New Jersey | Establishes ^immuni ErtsrsyffiittlsncYSteTidanis for CsrtBtn
! Pfoduete. This act establishes minimum energy efficiency start-
| dardsfor eighi products.
(Tc Soc-ate s^jmatV) sbcuitNe Ace,
Seteet "Bills ms-a®? fwm *Ji« IsftsSsia-
fear; select "S^sfch tsy- Sii: NtttnN
iyps "A5t€" 5fdo f^g search bosd
New York ] Apjrfianee and ftjuiprnwrt En«f§y Siieieney Standards Aci of
i 3S05, State of New York. 2005. Governor Pataki Introduces the
i Appliance and Equipment Energy Efficiency Standards Act of
1 20(15. New York appliance standards information. This act
| establishes state energy efficiency standards for 14 household
i appliances and electronic equipment.
Orepn
BotBH? Biil 3363, This act establishes minimum energy efficien-
cy standards fur 12 products.
Nous* Slit 2835. General Assembly of Pennsylvania. 2003.
House Bill No. 2035. Providing for Minimum Efficiency
Standards. Providing for Minimum Energy Efficiency Standards
for Certain Appliances and Equipment; and Providing for the
Powers and Duiies of she Pennsylvania PUC and of i:he
Attorney Genera!. This provides the text for the Pennsylvania
bill introduced in 2(503.
Bhods island i S 854&-£nargy snd Consum&r Ssvfnge Act of 2005, This pro-
j vides the text of the Rhode island appliance standards legisia-
i tions signed July 1,2005.
Varmont
Senate BiH 52. An Act BaMng to Rsrsswabiu Er-grgy Portfoiio
StsrfdaBis, Appi^ttes Efficiency Standsrtfs, and Distributed
Bsclricfcy. State of Vermont 2fl05-20f!6. Rent-wable Energy
Goals. X'ermont General Assembly, Moritpeiier. Vermont appli-
! ' ance standards information. This provides the text for the
i Vermont bill introduced in 2005.
Washington - j S&nats BiH 5099. An Act Relating to Energy Efficiency. Text of
j the Washington bill establishing minimum standards and test-
i ing procedures for 13 electrical products that are not covered
i by f mi era! I aw.
Energy Poiiey Act of 2065, This is the text of EPAct 2C05.
Section 4.4, State Appliance Efficiency Standards
-------
EPA Clean Energy-Environment Quids to Action (Prepubiication Version)
STATE ?*RlKEBSK!f
References
ACEEE. 2.000. State Savings from Updated Appliance Energy Efficiency Standards in
2010 and 2020. California. Opportunity Knocks. ACEEE, Accessed May 31,2005.
ACEEE. 2005a. Conference Report ZOOS (ACEEE Siaff Analysis August 2005), ACEEE.
Accessed October 19.
ACEEE. 2C05b. The Federal Energy Policy Act of 2005 and Its Implications for Energy
Efficiency Program Efforts. Steven Nadel, September 2005. Report #E053 ACEEE.
ASAP. 2004. ASAP Web sits. Boston, MA.
Oelaski, Andrew. 20C5. Personal memo from Andrew Delaski, ASAP. August 1.
Geiisr, H, T. Kubo, and S. Nadel. 2001. Overall Savings from Federal Appliance and
Equipment Efficiency Standards. ACEEE. February. Accessed June 21, 2005.
Motamedi, L 2005. Regulatory Analyst, Division of Strategic Planning, California
Public Utilities Commission. Presentation to the EPA State Energy
Efficiency/Renewable Technical Foriim, April 11.
Naekl, S. and M. Pye. 1996. Appliance and Equipment Efficiency Standards: Impacts
by State, ACEEE, Washington, D.C. ' -
Nadei, S., A. delsski, J. Kleisch, and J. Kubo. 2005. Leading the Way: Continued
Opportunities for New State Appliance and Equipment Efficiency Standards. Report'
Number ASAP-5/ACEEE-AQ51. ACEEE, Washington. D.C., and ASAP, Boston, MA.
January.
NEEP. 2004. Connecticut Adopts New Energy Efficiency Product Standards. NEEP
Press Release, May 17.
NEEP 2005. Energy Efficiency Standards: A Boon for Maryland. Fact Sheet.
Accessed November 8,20.05.
Optimal Energy. 2004. Ecortarnisallv Achievable Energy Efficiency Potential in New
England. Prepared by Optimal Energy, Inc. for MEEP. November 17,
Pew, 2005, Pew Center on Global Climate Change Web Site. State and Local News.
New York Adopts New Energy Efficiency Standards. Accessed November 9,2005.
State of Washington. 2005.2005 Biennial Energy Report. State of Washington
Department of Community, Trade and Economic Development's Energy Policy
Division, Oiyrnpis. ACCBSSEK! May 31,2005.
_J
Chapter 4. Enargy Efficiency Actions
-------
HI Clean EnergySrttfsrsrsmetJt
PARTNERSHIP
SSSS
WffiV
KBJS
Chapter 5. ..
Energy Supply Actions,
States csn achieve a number of .environmental and
economic benefits by encouraging the development
of ciean energy supply as part of a balanced energy
portfolio. This chapter provides an in-depth discus-
sion of five policies that states have successfully
used to support and encourage continued growth of
clean energy supply in their state. The term clean
energy supply is used in this chapter to describe
clean, distributed generation (DG), including renew-
able energy snd combined heat and power (CHP).
While states identify renewable technologies differ-
ently, most tend to include, at a minimum, solar,
wind, biomass, and landfill gas/biogas, CHP is an
efficient approach to generating electric and thermal
energy from a single fuel source.
The policies shown in Table 5.1 on page 5-2 were
selected from a larger set of clean energy supply
strategies because of their proven effectiveness and
the significant effect they can have in increasing the
amount of clean energy supply in those stales that
adopt them. The information presented in each policy
description is based on the experiences and best
practices of states that are implementing the pro-
grams, as weii as on other sources, including local,
regional, and federal agencies and organizations,
research foundations and nonprofit organizations,
universities, and utilities.
Table 5.1 also lists examples of states that have
implemented each type of policy or program. States
can refer to this table for an overview of the policies
described in this chapter and to identify other states
they may want to contact for additional information
about their clean energy supply policies or programs.
The For More Information column lists the Guide to
Action section where each in-depth policy descrip-
tion is located.
; State arid Regitmai Energy Plsnntag
! Section 3.2.
I Dtitermiijing this Air Qusiity Btswiilts of Ciean
i Funding and incentives
Wtfflj^ffi^^ffffl^^WBMjSjB^KB^^M
^^^^^^^^^^^^^^WCTflPmBag^^^OT
I Energy Efficiency Portfolio StandardslEEPSj-
i Public Benefits Funds {PBFs; for Energy
I Efficiency
iSuildsficj Codes for Enetgy Efficiency
I Stats Appliance Efficiency Standards
Section 3.3
Section 3.4
Section 4.1
Section 4.2
Section 4.3
Section 4.4
I Portfolio Management Strategies
I Ud'liiv InsesHJyes for Demand-Side Resources
I Emerging Approaches: FU-isioving Unintended
I Utility Rats Barriers to Distributed Generation
Secticm 8.1
Seeticsn 8.2
Section 8.3
In addition to these five policies, states are adopting
a number of related policies to maximize the benefits
of clean energy supply. These policies are addressed
in other sections of the Quide to Action as described
below.
• Lead by Example programs provide opportunities to
install clean energy supply within state buildings
Chapter 5. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
or purchase clean energy attributes for state
buildings (see Section 3.1).
Stale and Regional Planning activities help states
identify opportunities to incorporate clean energy
supply as a way to meet future load growth (see
Section 3.2).
Determining the Air Quality Benefits of Clean
Energy describes how to incorporate the emission
reductions from clean energy supply into air quali-
ty planning and related activities (see Section 3.3).
Funding and Incentives describes additional ways
stafe.s provide funding for clean energy supply
through grants, loans, tax incentives, and other
funding mechanisms (see Section 3.4).
Portfolio Management Strategies include proven
approaches, such as integrated Resource Planning
(IRP); that p'ace a broad array of supply and
demand options on a level playing field when
comparing and evaluating them in terms of their
ability to meet projected energy demand. These
strategies highlight and quantify the value of
energy efficiency and clear, DG as a resource to
meet projected load growth (see Section 6.1).
Utility Incentives for Demand-Side Resources pres-
ents a number of approaches, including decoupling
and performance incentives, that remove disincen-
tives for utilities to consider energy efficiency,
renewable energy, and clean DG equally with tra-
ditional electricity generation investments when
making electricity market resource planning deci-
sions (see Section 6.2).
Emerging Approaches: Removing Unintended Utility
Hate Barriers to Distributed Generation. This sec-
tion describes how electric and natural gas rates
set by public utility commissions (PUCs), can be
designed to support clean DG projects and avoid
unintended barriers, while also providing appropri-
ate cost recover/ for utility services on which con-
sumers depend (see Section 6,3).
Table 5.1; Energy Supply Policiss and Programs
Standards
i Renewable portfolio standards (RPS) establish requirements for elec-
tric utilities and other retail electric providers to serve a specified per-
[centage or amount of customer load with eligible resources. Twenty-
lone states and Washington, O.C. have adopted RPS.
AZ, CA, MA,
TX.WI
Section 5.1
Public Baneffe Funds
for Stats Clasrs Energy
Suppfy Programs
i Public benefits funds (PSFs) are a pool of resources used by states to
| invest in clean energy supply projects and are typically created by
j levying a small charge on customers' electricity bills. Sixteen states
jhave established PBFsfor clean, energy supply.
CA, CT, MA,
NJ, NY, OH
Section S.2
Envirornnsaia!
Ragufsfejiw to
Cba« Eneryy Supply
; Output-based environmental regulations establish emissions limits
I per unit of productive energy output of a process {i.e., electricity,
jtherma! energy, or shaft power), with the goal of encouraging fuel
I conversion efficiency and renewable energy as air pollution control
i measures. Twelve states; have established outpin-bssed environrwm-
ita! regulations.
CT,!N.rVIA,TX,
Section 5.3
jStandsrd interconnection rules establish, processes and technical
i requirements that apply to utilities within the state and reduce uncer-
tainty and delays that clean D6 systems can encounter when obtain-
|ing electric grid connection. Thirteen states have standard intercon-
j •lection rules, and 39 states offer net metering.
MA, NJ, NY, IX
Section S.4
j Slates play 3 key role in fostering the development of voluntary green
I power markets thai deliver cost-competitive, environmentally benef-
icial renewable energy resources by giving customers the opportunity
jto purchase clean energy. Green power is available in more than
140 states.
CT, MA, NJ,
NMWA
Section 5.5
Chapters, Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action (Prapubiicatfon Version)
5.1 Renewable Portfolio
Standards
Policy Description and Objective
Summary
An RPS requires electric utilities and other retail
electric providers to supply a specified minimum per-
centage (or absolute amount) of customer load with
eligible sources of renewable electricity. As of
September 2005, RPS requirements have been estab-
lished in 21 states plus Washington, D.C., and are a
• key driver for new renewable electric generation
facility development in the United States (Figures
5.1.1a and 5.5.1b). Over 2,300 megawatts (MWJ of
new renewable energy capacity through 2003 is
attributable to RPS programs (Petersik 2004). RPS is
cited as the driving force behind the installation of
approximately 47% of new wind capacity additions
in the United States between 2001 and 2004 (Wiser
2005).
Many states have adopted RPS requirements because
they are an administratively efficient, cost-effective,
and market-based approach to achieving renewable
electricity policy objectives. RPS require'ments can be
used in both regulated and restructured electricity
markets.
States have tailored their RPS requirements to satisfy
particular state policy objectives, electricity market
characteristics, and renewable resource potential.
Consequently, there is wide variation in RPS rules
from state to state with regard to the minimum
requirement of renewable energy, implementation
timing, eligible technologies and resources, and other
policy design details.
Reoewabie Portfolio Standards (RPS) provide
states with an opportunity to increase the
amount of renewable energy in a cost-effec-
tive, market-based approach that is adminis-
tratively efficient
Figure 5.1 .la: Projected New Renewable C»paeriy by
2015 Attributable to Existing RPS Requirements .
(California compared ta all other states}
Rgurs 5.1.1b; Projected New Renewable Capacity by
2015 Attributable to Existing RPS Rsqusrsmsnts
(breakout of 3// other states.}
28,000.-
26,000 i
24,000 i
22,000.1.
20,000 i
18,000 L
16,000 i.
14.000:.
12,000 I.
10,000 i.
8.000 L
6,000 i
4,000
2.000;
Oi
Seurcs:
Section 5.1, Reneweble Portfolio StendarxSs
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version}
Electricity suppliers must demonstrate compliance
with RP5 requirements by any of these three mecha-
nisms:
• Purchase electricity from a renewable facility
inclusive of all renewable attributes (sometimes
called "bundied renewable electricity").
'« Purchase renewable energy certificates (RtCs). An
REC is a tradable right (separate from the eiectri-
cal energy itself) to claim the environmental and
other attributes associated with 1 megawatt-hour
(MWh) of renewable electricity from a specific
generation facility,
• Own a renewable energy facility and its output
generation.
As of September 2005, 16 states allow the use of
RF.Cs to satisfy RPS requirements; Unlike bundled
renewable energy, which is dependent on physical
delivery via the. power grid, RECs can be traded
between arty two parties, regardless of their
location.17 However, state RPS rules typically condi-
tion the use of RECs based on either location'of
i"
the associated generation facility or whether it sells
power into the state or to the regional grid. (A more
detailed explanation is provided in hgure 5.1.6 on
page XX.)
Objective
States create RPS programs because of the energy,
environmental, and .economic benefits of renewable
energy. Many states have also adopted RPS programs
to stimulate market and technology development
and, ultimately, to help make renewable energy com-
petitive with conventional forms of electric power.
Examples of broader goals and objectives that the
state may want to prioritize in the RPS design
process include:
t
• Local, regional, or global environmental benefits.
• Local economic development goals.
• Hedging fossil fuel price risks.
• Advancement of specific technologies.
Benefits
The benefits of an RPS are the same as those from
renewable energy and combined heat and power
(CHP)is in general:
• Environmental improvement (e.g., avoided air pol-
lution, climate change "mitigation, waste reduction,
habitat preservation, conservation of water and
. other valuable natural resources).
• Increased diversity and security of energy supply,
with greater reliance on domestic, regional, and
in-stale resources.
* Reduced volatility of power prices given the stable
(or non-existent) fuel costs of renewables.
* Possible reduction of wholesale market prices due
to low bid prices of intermittent renewables in
competitive wholesale markets.
» Mitigation of natural gas prices due to some dis-
placement of gas-fired generation.
• Local economic development resulting from new
jobs, taxes, and revenue associated with new
renewable capacity,."
Because it is a market-based program, an RPS has
several operational benefits:
• Achieves renewable policy objectives efficiently
and with relatively modest impacts to customer
bills. State analyses performed prior to implemen-
tation of RPS requirements have.shown that
annual ratepayer impacts result in increases of
less than 1% and savings of up to 0.5%, with the
impact on residential bills of a few dollars a year
(Navigant 2005, DSIRE 2005; see Figure 5.1.2).
States have found .the importance of performing
analyses in conjunction with the design of an RPS
to ensure the level is not set too high, which
would result in higher costs.
17 RECs represent the attributes of electricity generated from renewable energy sources. When they are sold or traded with the physics! electric'ity,,"
thsy ars considered bundled. They can be unbundled and sold or traded separately as iwo commodities.
18 CHP is an efficient clean, and re-liable approach to generating power and thermal Energy from a single fuel source by recovering the waste heat for
use i« another beneficial purpose.
Chapters. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action (Prspublication Version)
Rgure 5.1,2: A Sampling of Cost of RPS Requirements to Ratepayers
wt
Scarce:
• Spreads costs associated with RPS requirements
among all customers.
• Minimizes the need for ongoing government inter-
vention.
• Functions in both regulated and unregulated state
electricity markets.
States sre often finding that RPS requirements pro-
vide s cost-effective approach to achieving energy
and environmental goals. RPS requirements typically
lead to market development of the most cost-com-
petitive forms of renewshie energy (currently wind
power in most cases), unless designed to encourage.
higher-cost renewable technologies.
States with RPS Requirements
As of September 2005, 21 states and Washington.
D.C. have established RPS requirements (see Figure
5.1.3).- Eight states enacted RPS rules in 2004 alone.
In addition, Illinois has adopted legislation with s
renewable .energy goal of at least 5% by 2010. and
at least 15% by 2020 (Navigant 2005, DSIRE 2005).
The legislation does not include a verification process
or any non-compliance penalties. Tremendous diver-
sity exists among these states with respect to the
minimum requirements of renewable energy, imple-
mentation timing, and eligible technologies and
resources (see. Figures 5.1.4 on page 5-6 and 5.1.5 on
page 5-7). After initial enactment, several states
Rgura 5,1,3: S&tss with RPS
Note: In Minnesota, an RPS Is applicable only tc the rale's largest utili-
ty, Xcel energy, which is required by special legislation to buiid or con-
tractfor125 MW of biomass electricity and 1.125 MW of wind by 2011.
The other Minnesota utilities mast make a "good faith silort" to nisei a
Renewable Energy Objective, which is not mantiniory.
have "fine-tuned" the RPS rules to reflect new tech-
nology, resource, or policy considerations that may
have changed over time.
Initially, RPS requirements emerged as a part of
deregulation of the electricity sector. Recently, how-
ever, states that sre not deregulated have begun to
adopt RPS requirements with an eye towards other
policy concerns, such as rising natural gas and coal
prices or climate change. To date, eight states have
Section 5.1. Renewable Portfolio Standards
-------
EPA Clean Energy-Environment Guide to Action (PrepublicatiOR Version)
C!i»s E
STATE >*RtR6RSH!P
8.1,4: State RPS Requirements
AZ
G&
GO
cr
- 6C
M
m
w.
MA
MO '•
ME
me
MT
NJ
NW
; «V
NY
RA
m
7X
vr
v»
- Ta»9«
1.1% by 2007
20% by 2017
10% by 2015.
10% by 2010
11% by 2022
10% by 2019
105 MW (2% by 1999)
105 MW (2% by 1999)
4% by 2009 ( +1%/year after)
7.5% by 2019
30% by 2000 incl. some non-RE
I0%by2015(1%biomasa)
5% In 2008; 10% In 2010; 15% In
2015
6.5% by 2008
5% by 2006, 10% by 2011
6% by 2005
20% by 201 6
24% by 2013
18% by 2020 (8% Is RE)
16% by 2019
2.7% or 2000 MW raw by 2009.
680 MW existing preserved.
Total incremental energy •
growth between 2005-2012 to
be met with new renewable^
(cap 10% of 2005 sales)
2.2% by 2011
SOlM
0.66% solar by 2007
0.4% solar by 201 5
0.386% solar by 2022
0.16% solar (35 MW) by 2008
5% of portfolio must be solar
0.154% customer-sited
by 2013
0.5% solar by 201 5
1. Sen note concerning Minnesota's RPS in Figure 5.1.3,
enacted RPS requirements as part of restructuring
legislation, and 14 states have enacted RPS require-
ments outside of restructuring.
Designing an Effective RPS
This section describes key elements to consider in
designing effective RPS requirements. These elements
include participants, goals snd objectives, applicabili-
ty of the program, eligible technologies, program
structure, and administration. The discussion be'ow
reflects lessons learned from states' experiences in
developing and Implementing RPS requirements. In
addition, this section provides insights on interac-
tions of the RPS requirements with other state and
federal policies.
Participants
A number of organizations are invoived in the design
of RPS requirements:
• State Legislatures, Typically, the state legislature
enacts legislation to mandate RPS requirements.
However, legislation is not always necessary to
introduce RPS requirements. For example, in
Colorado, RPS requirements were mandated by a
state ballot initiative;'In New York, the state Public
Utility Commission (PUC) established RPS require-
ments under its existing regulatory authority at
the request of the governor. Governors have
become increasingly involved in shaping RPS-
related policies.
• Stats PUCs. State PUCs and other state agencies
are generally tasked with establishing the detailed
rules governing RPS requirements. In crafting
detailed RPS rules, stste agencies follow the intent
snd requirements of the enabling legislation but
sometimes must resolve technical snd policy
issues that can influence the effectiveness of the
program. In Arizona and New Mexico, RPS require-
ments were adopted via a regulatory process
before being codified by the legislature. As of
September 2005, a similar process is ongoing in
Illinois.
* Renewable Electricity Generators. The efforts and
ability of renewable electricity generators to build
new facilities are critical to the success of RPS
requirements. Therefore, the legitimate commercial
needs of these generators are an important com- -
ponent of the design phase and can be addressed
by facilitating long-term contracts.
• Utilities. Whether deregulated or vertically inte-
grated, utilities are crucial entities in the success-
ful implementation of RPS requirements. Ensuring
that utility needs are addressed (e.g., recovery of
compliance costs associated with RPS require-
ments) is vita! to make RPS requirements effective.
« Competitive Electric Service Providers (ESPs). In
states that have restructured, competitive ESPs
that provide generation service to customers may
be subject to RPS requirements. Administrative
feasibility, flexibility, and compliance.provisions
are key concerns of many tSPs.
Chapters. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version) ,, „,,
Cleiit Ennf )iMi«»i>;«:c
STATE PARTNERSHIP
• Other Stakeholders. Developing RPS rules has
involved numerous other stakeholders, including
state and loca! government officials, environmen-
tal organizations, ratepayer advocates, labor
unions, trade associations, project developers, and
others.
Goals and Objectives
States have found that RPSs have multiple goals, snd
some states aim for a broader set of objectives
(Rader and Hempling 2001). Examples of the broader
goals .and objectives that states may want to priori-
tize include:
• Local, regional, or global environmental benefits.
• Local economic development goals.
* Hedging fossil Fuel price risks,
* Advancement of specific technologies.
These broader goals and objectives can serve as a
guide to eesign choices for RPS requirements. II is
important, therefore, to clearly articulate these goals
and objectives in order to avoid protracted rule
implementation debates and, ultimately, to produce.
the best RPS design for the state.
Applicability and Eligibility
A common element of RPS requirements is the appli-
cability to investor^owned utilities and electric serv-
ice providers. It is highly unusual for RPS require-
ments to extend to municipal utilities and coopera-
tives as these entities are predominately self-regu-
lated.
Successful states have ensured that eligibility of a
resource or technology reflects whether or not it
supports the goals and objectives established for the
RPS requirements. States are finding that, defining
which renewable energy resources and technologies
qualify as eligible under RPS requirements can be a
complicated process with multiple issues to consider.
Issues that states have considered include:
• Technologies and Fuel. Which fuel sources and
energy production technologies will be eligible?
Rgure 5.1.5; Eligible Technologies under State RPS Bsquirsments
Biotnass
CogsnefStion
?.f>«T$jy EffidenEy
fe«l Celts
<5e«h«m>^
Hy«lre
MndJfflfias: -,
MaftkspafWtosia/:
OoaanThBroval -.
i^v - -
tefeamiaf
itKiSt , '
^mwfm
ivto^Tite ,
iJSS —
iWifltt
•
A2
•
•
CA
•
• •
•
•
•
•
•
CO
*
XT
•
•
•
• •
•
•
' •
DE
•
•
•
•
•
• Hf
•
•
•
•
•
•
*
•
iA
n»
MA
•
•
•
•
MD
•
•
*
•
•
ME
•
•
•
• •
•
•
MM
•
MT
•
NJ
•
•
•
•
MM
•
*
•
•
NV
•
•
•
•
•
NV
•
•
•
PA
•
•
•
*
•
•
SI
*
•
•
•
TX
• 1
•
•
•
•
VT
• '
•
-
Wt
•
•
•
•
Ali states above allow fuci ceils using fuel from eligible renewable sources to ceum towards the state's RPS: States shown in fuel cc'il row also allow
fuel cells to wieattha RPS resardlass of whether trie input fuel is S&rivael froir: a renswable resource.
Section 5.1, Renewable Portfolio Standards
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version)
Clint E[t8rjy£i:»i:;»!«tftt
Some fuei sources are universally accepted (such
as wind and photovoltaics) with almost no tech-
nology or project limitations. Other fueis have
been excluded (e.g., municipal solid waste [MSW]
or nuclear power) or conditioned on qualifying
project technologies (e.g., run-of-river hydro).
project scale (e.g.. "small" hydro}, or project per-
formance characteristics (e.g., "low emission" bio-
mass combustion). For example, nine.states do not
consider MSW as eligible in their RPS (see Figure
5.1.5 on page 5-7).
* Existing versus Wew. How are existing renewable
resources to be treated? Do they count toward
RPS compliance or not? States have typically set a
date to establish what is considered an existing
renewable resource versus what is new. Some
state ruies are designed to prevent existing renew-
able; from capturing additional revenues relating
to the RPS, which coufd increase ratepayer costs
but not the amount of renewable generation.
• Geographic Zone. In what geographic area must
the resources be located to be eligible in the RPS
requirements (e.g., energy generation just within
the state boundary or energy generation within a
regional power market)? RPS requirements and
other policies in neighboring states may affect this
decision. To address this, states have performed
cost-benefit analyses of the geographic zone and
available resources. Strict in-state eligibility
requirements may raise legal concerns under the
Interstate Commerce Clause.
• Central versus Customer-Sited. How are grid-tied
anci off-grid customer-sited systems considered?
Are there reasons that they are treated differently?
RPS requirements have varied tremendously with
respect to eligibility. Some states, such as Maine,
employ fairly expansive definitions of eligible renew-
able electricity including both existing and new
facilities, large hydro (up to 100 MW), MSW, and
efficient CHP facilities {regardless of fuel source).
Other states, such as Massachusetts, use a much
narrower definition that excludes renewable genera-
tors operating before the RPS requirements (unless
refurbished or repowered), excludes hydro and MSW.
and limits biomass facilities based on their emissions
performance. Stiil other states, such as Pennsylvania,
allow energy efficiency, waste heat recovery, and
certain fossil-fuel generation to qualify under a more
expansive "alternative energy" portfolio standard.
States with more permissive eligibility provisions in
RPS rules typically require a higher percentage of
renewable energy than states with more restrictive
definitions of eligible resources.
Structure
While RPS requirements are varied and are a rela-
tively new policy tool, experience with some program
elements to date have identified best practices for
structuring RPS requirements. These elements of
structure include:
* Energy versus Capacity. Most states have chosen
to base RPS requirements targets on energy pro-
duction (MWh) rather than installed capacity
(MW). An energy production metric provides more
incentive to use the renewable resources and,
therefore, to achieve the benefits that an RPS is
designed to create.
• Time Horizon. Adequate time is required to estab-
lish, implement, and create new renewable elec-
tricity facilities and markets. Therefore, RPS
requirements with sufficiently long timelines will
enable markets to develop and provide project
developers and investors time to recover capita!
investments. Many RPS rules have been estab-
lished for an extended period of time, often with
an end date no earlier than 10 years after RPS
requirements are fully operational, RPS require-
ments that are "built to last" will go a long way
toward inspiring confidence among developers and
financiers.
» Mandatory or Voluntary. Longevity of RPS require-
ments is crucial in.getting projects financed.
Instilling investor confidence in the REC market
and other trading mechanisms related to RPS
requirements is vital to developing new renewable
energy projects.
Most states use a mandatory structure with finan-
cial consequences for noncompliance. An RPS that
is not enforced may do little to provide investors
with sufficient assurance that, financial returns
Chapters. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version)
Clean f»wsyBtv)r«M:si:t
will be adequate to invest in new renewable facili-
ties, especially when renewable energy options are
more expensive than conventional power supplies.
Sn addition, compliance obligations that apply to
the broadest possible group of retail sellers,
including default service providers, will increase
demand for renewable resources. State laws that
enable inclusion of municipal utilities in RPS
requirements also reduce the potential for bias in
retail energy markets and broaden the base of
intended benefits from RPS requirements. For
example, the Colorado RPS includes municipal
utilities and cooperative utilities, but they can
opt-out or self-certify, if they self-certify, compli-
ance reports are for informational purposes only.
Enforcement options are numerous, but a number
of states use an Alternative Compliance Payment
(ACP). Under such a policy, in the event that a
retail supplier cannot meet its RPS, it may instead
pay 3 per-kilowatt-hour (kWh) charge for the
amount by which it is out of compliance. The ACP
rates vary, generally ranging from 1 to 5 cents per
kWh, with even higher amounts for solar-specific
RPS requirements. Some states "recycle" payments
to support renewable energy development. (See
the State Examples section on page 5-14 for
examples of ACPs.)
• Renewable Energy Mix. States may have policy
interests in promoting particular renewable energy
technologies and deployment locations to advance
market competitiveness or other social, economic,
or environmental objectives, "Technology tiers"
and "credit multipliers" are the primary approaches
used to meet these objectives. A technology tier
carves out a portion of the overall RPS obligation
for a subset of eligible technologies. These tech-
nologies may be viewed as crucial for renewable
policy objectives but iess competitive due to high-
er cost, greater technical difficulty, or other mar-
ket barriers. For example, New Jersey has a photo-
voltaic (Pi/) tier that requires, by 2008, that 0.17%
of retail sales be supported by in-stste solar RECs
issued for PV projects.
The most common resource tier approaches taken
to date include; (1) a single tier for "new"
resources; (2) a single tier for existing and new
resources; (3) a multiple-tier RPS differentiated by
the vintage, fuel, or technology of the renewable
resource.
Credit multipliers, such as those used in Arizona
for solar PV, provide more than 1 MWh of credit
for each MWh of generation. New Mexico and
Nevada use a similar approach. Credit multipliers
increase the economic incentive for developers to
install the specific technology thst is granted the
additional credit.
• Start Da tes and Amoun t of Renewable Energy. A
target percentage of renewable energy is a key
element of an RPS. As shown in Figure 5.1.4, these
targets vary from 1% to 30% and are influenced
by many factors, including a state's goals, renew-
able energy potential, and definition of eligible
technologies and resources. States establishing
provisions for ramping up to the specified target
of renewable energy is important. Every state will
have unique economic, environmental, and policy
factors that lead to creation of a "best fit"
approach. States have found that since there are
no absolutes, carefu! analysis and modeling of the
expected impacts prior to establishing the targets
are the keys to success.
Administration
When considering how the RPS requirements will be
administered, some, key issues include:
« Accounting, it is important to regularly account
for the renewable energy generated and to deter-
mine compliance with RPS requirements. Many
states use RECs to determine compliance. These
states include New Mexico, Massachusetts,
Connecticut, Maine.. New Jersey, Texas., and
Wisconsin, among others. REC trading is permissi-
ble in ail but four states where RPS requirements
apply. These four states require bundled renewable
energy (i.e., energy with attributes intact) to
demonstrate compliance, (See Figure 5.1.6 for
more detail on RECs and their interaction in power
markets.)
• Flexibility Mechanisms. Since retailers may face
difficulties in complying with a renewable energy
purchase obligation, states are developing mecha-
nisms that allow retailers flexibility. These mecha-
Section 5,1. Renewable Portfolio Standards
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version}
fipre 5,1,6; illustration of Renewable Energy Credits
jRECs} and Power Markets
Description of Diagram
• Green power generator protlucss electric power, which is delivered
to the power grid and sold in Die wholesale spot market
• Green power generator is awarded RECs and sells thorn to an REC
Supplier. RECs convey the rich! to ciain; !l;e environmental and other
attributes of the green power for regulatory or marketing purposes.
• 3EC Supplier retaiis some fiECs directly to the consumer as a R£C-
basfid green product, no energy is sold.
• SEC Supplier wholesales some RECs to a retail siectricity Supplier,
who needs them to meet RPS requirements; no energy is sold.
« Electricity Supplier sells retaii elactricity to consumer. RPS-siigible
RECs obtained by The Supplier define the percentage of the aiectrisi-
,ty that is deemed renewable for RPS purposes.
Nets: Conventional power is sold predominately using bi-iateral can-
tract!- and passes through power grid transmission, while it is easier to
sell green power into wholesale spot market. {Both are represented in
this diagram wits "Power Grid".)
Sssfcs: 4
-------
EPA Clean Energy-Environment Guide to Action (Prapublication Version)
8~ATF ?ASTNRHSHI*
iimit ratepayer impacts, but high enough to
encourage renewable energy development
As an example, Massachusetts established an ACP
so that any retailer under RPS compliance could
choose, if necessary, to make some of its renew-
able energy obligation through a payment to the
state rather than by obtaining renewable energy,
The ACP thus functions as a cap on retailers' expo-
sure to potentially high renewable energy prices.
The ACP is set for each calendar year by the
Massachusetts Division of Energy Resources
(DOER). In 2005, the ACP was set. at $53.19 per
MWh. The ACP is paid to the Massachusetts
Technology Collaborative (M'i'C). which can use the
payments to encourage renewable energy project
development in the state.
When used, ACPs typically reflect an inadequate
supply of eligible renewa6!es vis-a-vis RPS
requirements and are generally recoverable by reg-
ulated utilities from the customers. On the other
hand, noncompliance penalties, which may reflect
wiilful disregard for the RPS requirements (e.g.,
failure to fiie compliance documentation), are
typically not recoverable for utility providers.
Interaction with State and Federal
Programs
States coordinate and leverage their RPS require-
ments with an array of federal and state programs
and policies. States have found that analysis of
regional renewable resources and RPS requirements
are helpful in designing their RPS, Exploring in
advance how RPS requirements interact with both
state and federal policy will avoid implementation
pitfalls.
Interaction with Federal Policies/Programs
• Production Tax Credit (PTC). Originally enacted in.
the 1992 Energy Policy Act (EPAct 1932), the PTC
provides a tax credit for qualifying forms of
renewable energy production, such as wind, bio-
mass, geothermal, solar, and other technologies.
The PTC is currently authorized through the end of
2007 and provides 1.9 cents per kWh for wind for
the first 10 years of the wind farm's commercial
operation. The PTC has lapsed three times15 since
first enacted, and these lapses resulted in signifi-
cant decreases in project completions during those.
periods. State RPS requirements can be designed
to provide the flexibility to accelerate or delay
renewable procurement to take advantage of
short-term PTC expiration or extension.
• Transmission Facility Extension Costs. Many large
wind farms developed in recent years have
required significant and costly transmissions sys-
tem extensions or upgrades to facilitate grid con-
nection. The Federal Energy Regulatory
Commission (F-ERC) has ratemaking jurisdiction
over interstate transmission facilities. Transmission
line extensions can be rather costly for remotely
sighted wind turbines. Whether transmission inter-
connection facilities are "rolled in" and paid by ail
system users or are assigned specifically to the
new generators could significantly influence RPS
compliance.
• Proposed Federal RPS. In the 2005 congressional
session, there were bills and amendments to cre-
ate a national RPS. Irs June 2005, the U.S. Senate.
in a 52-48 vote, adopted a proposal aimed st
increasing the amount of electricity that utilities
generate using renewable sources. The proposal
would require 10% of the power that utilities sell
to the retail market to come from renewable
sources.
Interaction with State Policies/Programs
» Existing State Incentives. A review of existing state
incentives for renewable energy can identify
opportunities where existing policies and programs
could further support RPS requirements. For exam-
ple, SBC funds targeted for renewable energy in
New York, New Jersey, and Massachusetts are used
to subsidize design studies or actual installation
costs of projects which help meet RPS targets. In
contrast, funds in Minnesota and Wisconsin a're
allocated to renewable energy projects that are
incremental to RPS requirements. For more infor-
mation on SSCs, see Section S.2, Public Benefits
Funds for State Clean Energy Supply Programs.
19 j)j Expired on 6/30/99, extended in 12/39; 12} expired on 12/31/01, extended in 2/02; and (3) expired on 12/31/03, extended in 10/04.
^ Section 5.1. Renewable Portfolio Standards
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version}
* Utility Regulation. In states with a restructured
electricity sector, the rules surrounding how
default service is provided can affect the market
for RECs. !n many cases, default service providers
cannot enter into iong-term contracts for power
supplies or purchases of RECs. This limits the abili-
ty of renewable energy developers to secure proj-
ect financing, which typically requires a sufficient
long-term revenue stream to ensure adequate debt
coverage ratios used by project financiers.
• Interconnection Requirements. Renewable electric-
ity generators usually are interconnected with the
utility grid to access wholesale markets and find
customers of the highest value. Some states have
taken great strides in recent years to prepare for
implementing RPS requirements by ensuring that
interconnection aiies are designed to ensure safe-
ty while avoiding excessive costs or technical
requirements that can be an obstacle to RPS com-
pliance. For more information, see Section 5.4,
Interconnection Standards.
• State Emissions Regulations. State environmental
regulators can review the interaction between
emission rules and RPS requirements. At least six
states grant nitrogen oxide (NOJ emission
allowances or other emission credits, which may
have notable market valise, to renewable energy
projects. Some states have expressly prohibited eli-
gible RPS resources from selling emission
allowances or credits they obtain through state
environmental incentive programs. Other state RPS
rules are silent on this issue. !f emission credits can
be sold separately (and not invalidate the use of
the resource for purposes of meeting RPS require-
ments), the cost of compliance with the RPS
requirements may be reduced due to the additional
revenue stream available to renewable energy proj-
ect owners. Alternately, RPS requirements are
intended to produce environmental benefits, and
emission allowances and credits therefore remain
"bundled" with renewable electricity eligible under
RPS requirements and may not be sold separately.
RPS Design Choices and Approaches
Many innovations and best practices can be found
in state RPS. A sampling of noteworthy elements in
these rules is shown beiow. Additional state cases
are shown in the Store Examples section on page
5-14.
« REC Trading (Texas). Texas was the first state to
adopt the use of RECs for compliance verification -
' and development of an efficient renewabies mar-
ket. Texas regulators also saw RECs as comple-
mentary to their efforts at restructuring the
broader electricity market. The use of RECs for RPS
requirements and other voluntary markets is now
becoming typical in state RPS rules.
» Centralized Procurement (New York). New York is
[he first and only state thus far where a state
agency, rather than the utility or retail supplier, is
responsible for procuring the renewable energy
attributes. In New York, the distribution utility co!-
lects a surcharge on electricity delivered to each
customer. The funds are turned over to the state.
The New York State Energy Research and
Development Authority (NYSERDA) then uses the
funds to purchase the renewable attributes by
soliciting bids from developers.
• Stakeholder Review (Massachusetts). After
destp a &
srtiexists all RPS gesfe
siBS0thss« wl drive
and sbjset|Meg.
rase arcs availability It a §B3;&bjeetiV8 Is to emsoar-
Finaliy, coasidgr sslmf snergy geoerstzGR (not
iee
8 ge&ecs,
eost caps,
Chepter 5. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepubiicatian Version)
Massachusetts adopted legislation mandating RPS
requirements, the Massachusetts DOER (the imple-
menting agency) conducted an extensive stakehold-
er consultation process and commissioned a wide-
ranging analytical review of design issues related to
RPS requirements. This review process led to the
creation of 12 white papers on key RPS requirement
topics with key insights and analytical support for
eventual design choices (MA-BOER 2005).
* Technology Tiers (Arizona). The Arizona RPS
requirements (called an Environmental Portfolio
Standard), created in 2001, was one of the first
RPS to establish a technology tier approach.
Arizona mandated that at least 50% of renewable
energy requirements come from solar eiectric
sources as of 2001 and GQP
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version}
, Private sector devsfepffiam of nanewsbfe energy proj-
'
prtvate fiftsafis md teng-rerm 8E§ coatrscts, Tker& am
Prefcfep; D elaair service pfo«dsrs are often featsil bf
resfcrueterin-g miss to sh«ft-term «
ricarisk, rsgiilators'ceaid foftthts jsoiicyte ai rafatws-
bsvft fiiciud&<| is. deified percentage ei fflnswahfe ener-
®t&mt sash »^ afififies art^ c&ttt(Mrt5-
twe ESPs, sre rBiuctsntt& tmtar tntc feag'tsra? cea-
or REgs,
ions,
markst is crtticaif of ds^slopirtg naw ranswabls ea&rgy
.prDjects; stated coaid fsad ways to cffer (-saewab!& .
2303 is te use S&C
f idbs for &sta60shfeg REG coutraete'ei up to
bank^hb, fesg-iemi f ev»
an^s ffc«f an
i rrtcftey in esefewi
inadequate, and could be increased significantly. In
2004, the staff proposed amendments that would
raise the EPS requirements to 5% by 2015 and
15% by 2025, 20% of which would come, from
solar and 25% of which would come from distrib-
uted generation (DG).
• Connecticut initially exempted utility default serv-
ice from the RPS requirements. Because most cus-
tomers remained on default service, revisions to
the RPS requirements, which were enacted in June
2003, changed the rules to require ail retail sup-
pliers to comply with the RPS requirements.
While scheduled policy evaluations are important,
experience has shown that altering RPS policy mid-
stream without sufficient justification or consistency
with the original legislative intent of the RPS can
hinder the program. The danger is that, if long-term
certainty snd stability in the policy is lacking, then
facility developers and regulated retail providers may
delsy plans and projects and fait to deliver the
results intended by the RPS.
State Examples
The following state examples illustrate the diverse
types of RPS requirement design approaches, policy
objectives, and implementation strategies that states
have deployed. Each example highlights a particular
design issue or policy objective. For projected new
renewable capacity attributable to existing RPS
requirements, see Figures 5.1.la and 5.1.16 on page
5-3.
Arizona
The Arizona Corporation Commission (ACC) developed
an EPS, which took effect in March 2001. The EPS
requires regulated utilities to generate a certain per-
centage of their electricity using renewable energy.
The eligible technologies include solar PV, solar
water heating, solar air conditioning, landfill gas, and
biomass. Unlike many other RPS requirements around
the country, the non-solar portion of Arizona's EPS is
limited strictly to in-state resources. The Arizona EPS
illustrates RPS requirements built, on very aggressive
Chapters. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
technology tiers (e.g., the sojsr set-aside component)
that recognize the important system-wide benefits
that solar technologies can provide. Initially, it was
proposed that solar would make up 60% of the total
renewables requirement from 2004 to 2012. Due to
heavy reliance on solar PV, which'can be a more
costly renewable resource than others in the EPS, the
overall renewables requirement is lower as a per-
centage of total generation when compared to RPS
requirements of other states. Initially, the EPS target
between 2007 and 2012 for renewable electricity
generation was 1.1%. However, ACC staff proposed
amendments in 2005 to increase the EPS to 5% by
2015 snd 1B% by 2025.. with 20% of that require-
ment to be met using solar. The continuing emphasis
on solar technologies for s substantial part of the
overall RPS target is raising some concerns about the
ability of utilities to meet the RPS requirements
within prescribed ratepayer funding mechanisms.
Web site:
fittp://www.cc.st3te.3'jr.us/utility/e!eciric/
environments i.hirn
California
The legislation for California's RPS requirements was
enacted in September 2002. California's RPS require-
ments are among the most aggressive in the country,
since they require retail sellers of electricity to pur-
chase 20% renewable electricity by 2017. At a mini- •
mum, retailers must increase their use of renewable
electricity by 1°/o each year. California is considering
increasing its RPS requirements to 33% in 2020.
Although there are some restrictions, the following
technologies are eligible under the RPS: biomass,
solar thermal, soiar PV, wind, geothermai, fuel cells
using renewsbie fuels, small hydropower (< 30 MW),
digester gas, landfill gas, ocean wave, ocean thermal,
and tidal current, in some cases, municipal solid
waste is also eligible.
The legislation for the RPS requirements directs the
California Energy Commission (CEC) and the
California Public Utilities Commission (CPUC) to work
together to implement the RPS requirements and
assigns specific roles to each agency. Currently.
investor-owned utilities are required to participate
(as are ESPs, once the rules are established); munici-
pal utilities are. mandated to implement and manage
their own initiatives related to increasing renewable
energy in their energy portfolios.
Given the financial position of the distribution utili-
ties in the state following the energy crisis in 2000,
subsequent legislation offered production incentives
(referred to as supplemental energy payments) for
the above-market costs of eligible procurement by
investor-owned utilities to fulfill their obligation
related to RPS requirements.
Web site:
http://www.er>ergv,ca.gov/f>ortfbiio/index.html
Massachusetts
The drafting of Massachusetts' RPS requirements
began as a result of electric utility restructuring in
1997. In April 2002, the Massachusetts DOER finalized
the regulation. In 2003, the DOER required retail elec-
tric suppliers to use 1D/b renewable energy in their
overall supply. By 2003, retail electric suppliers must
reach 4%, after which the RPS requirements will
increase 1% each year until the DOER determines that
additional requirements are no longer necessary. The
percentage requirements do not translate into hard
MW as they are based on the suppliers' overall supply.
Eligible technologies include: solar, wind, ocean ther-
mal, wave, tidal, fuel ceils using renewable, sources,
landfill gas, snd low emissions and advanced tech-
nology biomass. Existing renewable facilities are
allowed, as long as they were installed after 1997.
However, certain facilities installed before 1997 can
apply for a waiver if refurbished or repowered.
To reduce the risk to retail suppliers associated with
acquiring affordabie renewable energy, the DOER
allows retailers to submit, an ACP as an alternative to
purchasing or generating renewable energy. The price
of the ACP is set annually (e.g., $53.19 per MWh in
2005).
Web site:
http://www.mass.gOv/doer/rps/inde.x.him
Section 5.1. Renewable Portfolio Standards
-------
EPA Clean Energy-Environment Guide to Action (Prapublication Version)
Texas
Texas was among the first states to establish RPS
requirements and is considered by many policymak-
ers and advocates to be among the most successful.
Since Texas passed an RPS in 1999,1,187 MW of
renewable energy capacity hss been installed in
Texas as of Februar/ 2005.
The Texas Renewable Generation Requirement (RGRj,
issued by the Texas Public Utility Commission in
1999, requires that 2.000 MW of new capacity be
installed by 2009. Texas initially used a total capacity
requirement (MW), which the Texas PUC later con-
verted into a generation requirement (MWh). Texas
allocates a share of the mandated new renewable
generation to all retail suppliers based on a pro-
rated share of statewide retail energy sales.
The Texas RPS requirements have been successful in
part because, of good renewable energy resources in
the state. However, success also resulted from key
provisions in the legislation, including: (1) high
renewable energy requirements that triggered market
growth in the state; (2) use of RECs for meeting tar-
gets; (3) credible penalties for non-compliance; and
(4) inclusion of all electricity providers.
The qualifying resources include: solar, wind, geot-
hermal, hydroelectric, wave or tidal, biomass, and
biomass-based waste products (e.g.. landfill gasj.
The PUC in Texas established a REC trading program.
A penalty system also exists. Fines are set at the
lesser of $50/MWh or 200% times the average cost
of REC for the year.
The RPS requirements include all retail energy
providers If they have opted into retail competition
(i.e., investor-owned utilities, competitive energy
service providers, municipal utilities, and cooperative
utilities). Otherwise, they are exempt. This require-
ment differs from those of many other states that
often make participation by public power entities
optionsl.
Texas has changed transmission rules to accommo-
date the amount of wind power developed as a result
of the RPS requirements. It should be noted that
there are ongoing transmission line questions, focus-
ing on the cost to upgrade and add lines, surround-
ing the RPS (ERCOT 2005).
The RPS requirements have had clear positive eco-
nomic impacts on the state. The tax base in the rural
west has grown as a result of more than S1 billion of
new wind development. This new source of local
income provides much-needed resources for local
services, including schools, hospitals, and emergency
services. The RPS requirements have also supported
hundreds of manufacturing jobs and other opportu-
nities related to the wind industry statewide.
Web site:
http://www,puc.st3te..tx..us/ruk-5/subrulex/c-iec-
tric/25.173/25.173ei.dm
Wisconsin
In 1999, the Wisconsin legislature established an RPS
requiring investor-owned electric utilities, municipal
electric utilities, and rural electric cooperatives (elec-
tricity providers) to meet a gradually increasing per-
centage of their retail sales with qualified renewable
resources. Wisconsin's RPS requirements went into
effect in October 1399 and require 2.2% renewable
supply by the end of 2011. As of early 2005,
Wisconsin had already secured enough renewable
energy to meet their requirements through 2011.
The enabling legislation expressly allows Wisconsin
eiectricity providers the option of using Renewable
Resource Credits (RRCs) in Sieu of providing renew-
able electricity to their customers. An RRC trading
system is in operation and there is a penalty system
for violations.
Eligible technologies include fuel cells that use
renewable fuel, tidal or wave power, solsr thermal
electric, solar PV, wind power, geothermal electric,
biomass, and hydropower (< 60 MW).
Wisconsin is considering increasing its RPS require-
ments, and studies show that the state has adequate
renewable sources to make this a reasonable objective.
Web site:
http://psc.wi.gov/
$»• Chapters. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action {Prspubiication Version)
STSTF P*»tl«f.llSSI?
What States Can Do
Action Steps for States
RPS accelerates the development of renewable and
clean energy supplies. Benefits include a clear and
long-term target for renewable energy generation
that can increase investors' and developers' confi-
dence in the prospects for renewable energy. Slates
have chosen from a wide variety of approaches and
gosfs in developing their RPS requirements. The "best
practices" common among these slates have been
explored above. Action steps are outlined beiow.
States with existing RPS requirements have made It
3 priority to identify and mitigate issues that might.
adversely impact the success of the program. The
longevity and credibility of the RPS requirements is
crucial for investment in new renewable projects.
More specifically, states with existing RPS require-
ments can:
• Monitor the pace of installing new renewable
projects to ensure that the renewable resources
needed to meet RPS goals will be in place. If ade-
quate resource development is lagging, identify
' the reasons for any delay and explore possible
mitigation options. For example, adequate trans-
mission planning and policies often present obsta-
cles to successful RPS implementation.
• Monitor utility and retail supplier compliance and
the impact on rate-payers. Any significant, unan-
ticipated adverse impacts on rate-payers can be
addressed through implementing or adjusting cost
caps or other appropriate means.
• Evaluate the scope of eligible technologies and, 3S
needed, consider adding eligible technologies or
altering the percentage requirements. At the same
time, it is important to recognize that long-term
stability and certainty of policy are important and
frequent changes may undermine the success of
RPS requirements.
Broad political and public support for establishing
renewable energy goals have been an important part
of establishing RPS requirements. Many states have
found that after establishing genera! support for
goals, it is helpful to hold facilitated discussions
among key stakeholders regarding appropriate RPS
design. More specifically, states that do not have
existing RPS requirements can:
• Establish a working group of interested stakehold-
ers to consider design issues and develop recom-
mendations for RPS requirements.
• Analyze costs and benefits as in New York and
Texas.
• . Publicize RPS goals as they are reached to ensure
that state officials, pubic office holders, and the
public know that the RPS requirements are. work-
ing and achieving the desired results.
Related actions that states can take include:
• Consider the need for additional policies or regula-
tions that will help make RPS requirements suc-
cessful. Transmission-related policies have proven
to be critical to the success of large wind farms
that are some distance from load centers and
require transmission line extensions or upgrades.
Ratemaking provisions that allow such upgrades to
be treated as general system investments, which
are funded by ail users of the transmission system,
help.alleviate significant cost hurdles that can
impede otherwise excellent wind projects. -
• Consider adopting (or improving) net metering and
interconnection standards to facilitate customer-
sited clean OG projects that may be eligible tech-
nologies under art RPS.
Section 5.1. Renswsbis Portfolio Standards
-------
EPA Clean Energy-Environment Guide to Action (Prapubiicatson Version)
Information Resources
General Information
„, .... BensSis of R(m«w«b3e Energy Interest Energy Alliance
is a trade association that brings tht: natitm's wind en«rgy industry together with the
West's advocacy community. This document provides the answers to some ques-
tions about renewable energy, including economic and environmental benefits.
Union of Concerned Scientists. P&gging in Rsnswa&ie Energy: Grading the States
This report assigns grades to each of the 50 states based on their commitment to
supporting wind, solar, ami ether renewable energy sources. It measures commit-
ment by thf> projected results of renewable energy.
Union of Cunesrnsd Sciesrfists. iteai Ertsrsy Solutions: Ths RsnswsWs Electricity
Standards, Fact Sheets A nations! renewable energy standard JRES) can diversify
our energy suppiy with clean, domestic resources. It will help stabilize electricity
prices, reduce natural gas prices, reduce emissions of carbon dioxide and other
harmful air poiiutants, and create jobs—especially in rural areas—ami new income-
tor farmers and ranchers. This fact sheet provides 8n overview of RES.
Union of Concerned Scientists. Rsnewabls Ssctrteity Standards at Wort in the
St8t«s in a growing number of states, RES—also called RPS—have emerged as an
effective and popular toot for promoting a cleaner, renewable power supply. This
fact: sheet gives an overview of same state RES. . .
Projecfsng ths Impact of HPS on Remswsbte Enafpy snd Soter {nstaHstiona. Wiser, R.
and K. BoSiinger. January 20,2005. This PowerPoint presentation estimates and
summarizes the potential impacts of existing state RPS on renewable energy capaci-
ty and supply, and of state RPS solar set-asides"on solar PV capacity and supply.
Evsisiatirsg Bqisrience wtth RanswsbSss Portfolio Simtd&rtis m the Unhidd States.
Wiser, R., K. Porter, arid R. Grace, Prepared for the Conference Proceedings of
Global Wiri(!pow«r. Chicago, iL March 28-3:, 2D04. Ernes! Orlando Lawrence
Berkeley Nationa! Laboratory tLBNL), Berkeley, CA. LBNL-5443S. This document pro-
vides a comprehensive analysis of U.S. experience with RPS, including lessons
learned.
.L™
Information About Federal Resources
E?A Srean Power Partnership. This program provides assistance to renewable gen-
era tors in marketing RECs and helps educate potential REG buyers about resources.
The Partnership may be cf assistance to states that employ REC.s as a compliance
measure for their RPS requirements but also allow for purchase and retirement of
RECs for organizational "green power" designation. •
t. This is a voluntary program thai seeks to reduce the environ-
mental impact of energy gsr-erailon by promoting the use of CHP. The Partnership
helps states identify opportunities for policy developments (energy, environmental,
economic; to encourage energy efficiency through CHP. The Partnership can provide
information and assistance to states considering including CHP or waste heat recov-
ery in iheir RPS requirements.
Chapter 5. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action (PrepubHcation Version)
Information on Selected State Programs
Arizona
ACC archive on RPS rules, suggsstsd amssuifflsnts, workshops
and public sommsnt
NswYcfc
CEC Web sits vfflt fink to RPS requirements Senate Bit! 10?8
sml wsrvfew of California R?&
SfessachussSs Division of Energy Resources arehhra on RPS
rsqifsrsmsnta rulrng and sttequam sefc'ons.
MsssschusetSs DOER, Ssnewsbb Poitfofio Standard, RPS
Arniuai asports.The RPS regulations (at 225 CMR 14.10(2))
require DOER to issue an Annua! Energy Resource Report sum-
marizing certain information from the Annual Compliance
Filings.
N&wYortc PU^'s srehhfs of documents on BPS requSrsmsnts.
Texas PUG'S arehiv* ef documants on RPS raquiremsEtts.
Transmission Issass Associated with Bsamabig Energy in
Texss. informal Whit® Paperforth« Texas Lssislattsr®, 2005.
Portfofio Standard Unhcsreity of Wisconssn-Madison forties
Wisconsin Dsparsnsnt of AdsiKnistratSors, Divisiofi of Sfisrgy
Rss8w«feSe FflSPjyAssblSftce Program, This study considered
the economic impact to Wisconsin of four scenarios for future
RPS standards.
References
DStRE. 2005. Database of State Incentives for Renewable Energy (DSIRE) W«b site. *
A corpprehensiva source of infonnation on state, loca!, utility, and selected fdders! t
incentives that promote renewable energy, including a state-by-state description of f
RPS requirements. Accessed 2005. ^ I
EPA. 2004. Guide to Purchasing Green Power. Produced in a join! effort between
EPA, DOE, the World Resources institute, and the Center for Resource Solutions.
September 2004, p. 10.
ERGOT. 2005. Transmission Issues Associated with Renewable Energy in Texas.
Informal White Paper for the Texas Legislature, 2005. Produced in a joint effort
between the industry and the ERGOT Independent 'System Operator (ISO).
~
Section 5.1. Renewable Portfolio Standards
-------
EPA Clean Energy-Environment Guide to Action (PrepubSication Version)
Navigant 2005. Company Intelligence. Navigant Consulting tnc. Also see: Katofsky,
R, and L Frantzis. 2005. Financing renswables in competitive electricity markets.
Power Engineering. March 1.
I MA DOER. 200S. Massachusetts DOER RPS Poiicy Analysis has a series of white
! papers that cover many topics related to RPS requirements in great detail. The
papers were developed during ttin creation of thi- Massachusetts RPS require-
ments. Accessed July. •
Petersik, T. 2004. Staie Renewat-hi Energy Requirements and Goals, Status through
2003. U.S. EIA. July.
Radsr, N. and S. Hempling. 2001. The Renewabies Portfoiio Standard: A Practical
Guide. Prepared for ihe National Associaiion of Regiil=itory Utility Commissioners.
February.
Wiser, R. 20Q5. An Overview of Policies Driving Wind Power Development in the
West Ernest Orlando LBML, Berkeley, CA. February.
Chapters, EnergySuppryActions
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version) '
5,2 Public Benefits Funds for
State Clean Energy Supply
Programs
Policy Description and Objective
Summary
PBFs, also known as system benefits charges (SBCs)
and clean energy funds, are typically created by levying
a small fee or surcharge on electricity rates paid by
customers (i.e., for renewable energy, this fee is
approximstely 0.01 to 0.1 mills20 per kilowatt-hour
(kWh) (DSIRE 2005}. To date, PBFs have primarily been ,
used to fund energy efficiency and low-income pro-
grams (see Section 4.2, Public Benefits Funds for Energy
Efficiency). More recently, however, they have also
been used to support clean energy supply (i.e., renew-
able energy and combined heat and power [CHP]).
PBFs were initially established during the 1990s in
states undergoing electricity market restructuring.
The goal was to assure continued support for renew-
able energy and energy efficiency programs in com-
petitive markets and ensure that low-income popula-
tions had access to quality electrical service.21 With
respect to renewable energy, the concern was that in
a competitive market, lower-cost generation would
be favored over renewable energy. In response La this
concern, PBFs were seen as a mechanism for contin-
uing support for renewable energy and the benefits
it provides in a competitive market situation.
CHP projects have been included in PBF-funded pro-
grams more recently due to their very high efficiency
and environmental benefits. Although typically not
considered a renewable energy technology, CHP can
be characterized as a clean energy technology, a
super-efficient generating technology, or an energy
efficiency technology. As such, it has been addressed
through both renewable and energy efficiency PBF-
funded programs. States that have included CHP as
an energy efficiency measure include New York and
New Jersey (see State Examples section on page 5-26
Public Benefit Funds (jPBFs} can increase
dean energy supply and enhance, state eco-
nomic development and environmental
improvement A clean energy fund can be
designed to address key market barriers
including the upfront cost of equipment and
to provide consumer and education outreach.
for results of these CHP programs). This flexibility
allows states to include CHP in PBF-funded programs
where it mskes most sense for that state, as a clean
energy technology, an energy efficiency technology,
or a super-efficient generating technology.
In 2005, 16 state renewable energy programs are
expected to provide more than $300 million in sup-
port of clean energy supply. PBFs (i.e., clean energy
funds) will provide much of this funding (see Figure
5.2.1), and according to one estimate, PBFs will gen-
erate more than $4 billion for clean energy by 2017
(UCS 2004). In comparison, PBFs are expected to
provide over $1 billion in funding for energy efficien-
cy programs in 2005. (For more information on PSFs
for energy efficiency, see Section 4.2, Public Benefits
Funds for Energy Efficiency*)
Because state clean energy funds for energy supply
are a relatively recent policy innovation, it is too
early to measure their success. While some states
track ciean energy fund metrics (e.g., the number of
dollars invested, number of kilowatts [kW| installed,
and number of installers trained), larger issues such
as the impact of clean energy funds on the renew-
able energy market have not yet been systematically
evaluated.
Objective
The key objective of creating state clean energy
funds with PBFs is to accelerate the development of
renewable energy and CHP within a state. The objec-
tives underlying a push for more renewable energy
include state economic development, environmental
improvement, and response to public demand. These
s> i mill -• ona-tendi ol a cem.
21 In California,. #ese were initially called "stranded benefits" charges.
Section 5.2. Public Benefits Funds for Steta Ciean Energy Supply Programs
-------
EPA Clean Energy-Environment Guide to Action (Prepubiicatson Version)
Rgure B.2,1: Estimated 2005 Funding Levels for State
Renewable
AZ
..e*
fit
DE
f fc
MA
ME '
WN
MT
^J
-ttt
OH
, OH
>*
in-
Wf
EstaOQSftondfttfl
($ millions)
$8.51
$140
$20
$1.S"
$5
$24
Voluntary
$16
$2
$68
*9
$1.25
$11
$5.5
$3.0
$1.3
fttbfittottal i*rtoffr)ft'tf<>ft
To be determined In 2005
Through 2011
Through 2012
Undefined end date ,
$50 million over 10 years
Undefined end date
Undefined end date: tied to Xcel
Nuclear Prairie Island plant operation
2005
2005 - 8, 37% of SBC funding
$67 million over 5 years from 2002-6.
Through 2011
Through 2009
Through 2006
Through 2012
4.5% of SBC funding
Note: Values shewn are annuai amounts for renewable energy oniy and
An not represent total SSCs.
1 In 2005 Arizona will generals an estimated $8.5 niillion from PBFs and
fin additions; $1i-l!.& million from a utility bill surcharge fur renew-
able'energy. Funds are givsn to utilities to comply with Environments)
Portfolio Standard (EPS! through green power purchases, develop-
ment of renswabie generation assets, and customer photovoltaic
JPV) rebates. Arizona is currently modifying EPS rules, which could
result in the elimination of PBFs for renewable energy, and instead
create a utility oil! surcharge to generate -$50 million per y«8f.
i Amount represents both renewable energy and energy efficiency
programs.
SoateeK Ns^gsntms, DSSK3SOS
objectives can be advanced, in part, by creating a
ciean energy fund that incorporates a variety of
strategies, including lowering equipment costs,
addressing market barriers, and providing consumer
education and outreach.
Bsnefrts
PBF-based clean energy funds offer the following
benefits:-
» Provide a Cohesive Strategy "Under One Poof."
Combining a range of clean energy programs snd
funding within one organization allows for a
cohesive strategy for addressing the range of ciean
energy market issues.
• Tailored to o State's Needs. State clean energy
funds provide flexibility in the types of incentives
and programs that states can offer and can be
customized to the state's goals, natural resources,
and industr/ presence (e.g,, industries that are well
established in a state, such as wind or biomass).
« Support Long-Term Goals. While policies such as
Renewable Portfolio Standards (RPS) are generally
aimed at jump-starting markets for commercially
ready technologies, clean energy funds have been
designed to fund options with benefits that accrue
over the long term. These longer-term programs,
such as technology research, development, and
demonstration programs, require a longer time
frame (10 or more years) than is typically allowed
by other approaches. In addition, these funds can
be. designed to improve the state economy by
accelerating the development and deployment of
technologies focused by in-state businesses. (See,
for example, Section 5.1, Renewable Portfolio
Standards.)
• Complement Other Policies. Because of their flexi-
bility, state clean energy funds complement other
state and federal policies, making those policies
more effective. For example, PBFs are used by
state energy programs to lower clean energy
equipment costs by helping to ramp up voiume,
address key market barriers, and provide consumer
education and outreach to increase the effective-
ness and use of federal tax incentives, state RPS,
and improved interconnection and net metering
standards. In addition, PSFs can be used to sup-
port the successful implementation of other ciean
energy policies. For example, in California PBFs are
used to pay the incremental cost for utility RPS
compliance.
States that Use PBFs for Clean Energy
Supply
As of early 2005, 16 states had established ciean
energy funds to promote renewable energy: Arizona,
California, Connecticut, Delaware, Illinois,
$** Chapters, EnargySupptyActions
-------
EPA Clean Energy-Environment Guide to Action {PrepubiicatSon Version) ,
Rg«rs 5.2.2: Msp of State Renewable Energy Funds
| PBF H:1
^ \yjntsiy FSF fpr r:ewi;
Satires:
QSSRE2SSSM.
Massachusetts, Maine (voluntary), Minnesota,
Montana, New Jersey, New York, Ohio, Oregon,
Pennsylvania, Rhode island, and Wisconsin (UCS
2004. DSiRE 2005). (See Figures 5.2.1 and 5.2.2.)
Designing and implementing an
Effective Clean Energy Fund
States consider a variety of key issues when designing
PBFs directed at expanding the clean energy supply
market These issues include selecting an organiza-
tional-structure to administer PBFs, protecting fund-
ing from being diverted for other uses, considering
the importance of technology stages -when designing
PBF programs, and assessing the interaction of ciean
energy funds with state and federal policies.
Participants
Many states encourage the participation of a variety
of stakeholders, including trade associations, equip-
ment manufacturers, utilities, project developers, and
leading environmental groups. For example, the con-
sensus between stakeholders in Massachusetts over a
clean energy fund resulting from eiectric utility
restructuring is described in Massachusetts
Renewable Energy Collaborative (1997).
M
PBFs are typically established by state legislatures,
and the bill(s) may provide varying levels of specifici-
ty for selecting an administrator for the P8F.
Selecting the appropriate administrative organization
for a clean energy fund is an important step. The role
of the fund administrator is essential for the review
of fund dispersal to ensure that, each investment is
valuable snd represents the public interest. States
have employed several organizational models for
administering clean energy funds, including state"
energy offices, quasi-public agencies, public regula-
tory agencies, nonprofit organizations, and utilities.
Many experts feel that no one mode! has proven
more successful or effective than another.
States have chosen different models based on their
goals and situations. Although utilities often manage
PBFs used to support energy efficiency programs,
utilities typically do not administer PBFs for renew-
able energy (a notable exception occurs in Arizona,
where state renewable energy funds are managed by
utilities). States have found that ensuring that a fund
administrator has access to adequate staffing with
appropriate expertise is more important than the
administrative structure.
Examples of different administrative approaches
include:
• Massachusetts chose the Massachusetts
Technology Collaborative (MTC) to administer its
clean energy funds. One of the main goals of the
fund is to create a clean energy industry, and
these goals are consistent with the MTCs charter,
which is to foster high-tech industry "clusters" in
Massachusetts {Commonwealth of Massachusetts,
1997).
» Connecticut chose to administer its Clean Energy
Fund through Connecticut Innovations
Incorporated (CII), a quasi-public state agency
charged with expanding Connecticut's entrepre-
neurial and technology economy. Cli's experience
in building a-vibrant technology community in
Connecticut fit well with the challenges of devel-
oping a ciean energy industry and market.
Section 5.2. Public Benefits Funds for State Cisan Energy Supply Programs
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version)
Approach
States use a variety of approaches, based on-their
specific objectives, for using clean energy funds to
support renewable energy market development. Some
of these approaches are described below.
• Investment Model. Under this approach, loans and
equity investments are used to support clean ener-
gy companies and projects. In many cases, renew-
able energy businesses find it difficult to obtain
financing since traditional financial markets may
be hesitant to invest in clean energy. The rationale
behind having the state provide initial investment
is to bring the renewable energy businesses snd
the traditional financial markets to a point where
investment in renewable, energy businesses is sus-
tainable under its own power, Example:
Connecticut dean Energy Fund (CEF 2005). •
• Project Developmeht Model. This approach uses
financial incentives, such as production incentives
and grants and/or rebates., to directly subsidize
clean energy project installation. These funds typi-
cally are put in place to help renewable energy be
more competitive in the short-term by offsetting
or lowering the initial capita! cost or by offsetting
the higher ongoing cost of generation. The ration-
ale behind these incentives is that increased mar-
ket adoption of renewable energy technologies
will ultimately drive down the cost of these tech-
nologies to a point where, without incentives, they
can compete with traditional generation.
Examples: California's Renewable Resource Trust
Fund (CEC 2005) and New Jersey's Clean Energy
Program (NJCEP 2005).
• industry Development Model. With .this approach,
states use business development grants, marketing
support programs, research and development
grants, resource assessments, technical assistance,
consumer education, snd demonstration projects
to support clesn energy projects. The rationale
behind these programs is that they will facilitate
market transformation by building consumer
awareness snd demand, supporting the develop-
ment of a qualified service infrastructure, and
investing in technological advancement. Examples:
Wisconsin's Public Benefit Fund (State of
Wisconsin 2005) and New Jersey's Cican Energy
Program (NJCEP 2005),
Funding
Leading states have designed their clean energy
funds to be generated from a set rate in the electric-
ity tariff, thereby providing consistency in funding
levels from year to year. The ability to carry forward
excess annual contributions to a clean energy fund
can be important, especially during the fund's initial
years. This approach helps states obtain consistent
funding levels and protect against the diversion of
funding to other state needs (e.g., to meet general
budget shortfalls),, If funding is diverted from the PBF
to another use, such as to the state general fund, it
significantly harms the. ability of the PBF program to
be successful, particularly during the initial years of
the program.
Technology Stages
State clean energy funds include a portfolio of program
options to support both emerging and commercially
competitive technologies. Determining both the stage
of technology development and the kind of incentives
needed to support each technology are important steps
in designing a clean energy fund program.
, >,
« For emerging technologies, clean energy funds
can be used to address a variety of technical, reg-
ulatory, and market challenges. For example, MTC,
administrator of the Massachusetts Renewable
Energy Trust (MRET), is exploring offshore wind
power, which to date has yet to be established in
the United States. In anticipation of stakeholder
concerns for potential wildlife, safety, and aesthet-
ic impacts, MTC has used clean energy funds to
bring stakeholders together in a collaborative
process to discuss these issues. This approach
ensures that stakeholder concerns and issues sre
addressed early in the process to help obtain sup-
port for later implementation.
• For renewable energy technologies that are tech-
nologically proven but relatively expensive com-
Chapters. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
pared to fossi! fuei energy generation, PBF funds
can provide economic incentives to help bridge the
gap between what the market is willing to bear
and current costs. Examples of widely used incen-
tives are buy-downs (rebates) for photovoltaic
(PV), small wind systems, and fuel cells. For exam-
ple, CM, administrator of the Connecticut Clean
Energy Fund (CCEF), uses commercial buy-down
programs for fuel ceils and solar PV to support
residential, commercial, and industrial uses of
these technologies. <
* Clean energy funds can also be used to develop
programs that provide non-economic incentives,
which can be critical to clean energy market
development. For example, while tax incentives
ana buy-down money may be available to support
PVand fuel cells, additional funding might be
needed to stimulate the development of a quaii-
fied'installer network and other key industry infra-
structure crucial to the success of the technology.
For example, through its Renewable Energy
Economic Development (REED) Program, New
Jersey provides incentives to renewable energy
companies to expand their businesses (e.g., helping
to support infrastructure development) (NJCEP
2004).
• For mature technologies thai are already cost-
competitive (e.g., wind power, CHP, and biomass
power), states can use clean energy funds to
address other market barriers. For example, in
2003, the MTC formed the Massachusetts Green
Power Partnership to use PBF funds to add eco-
nomic certainty to Renewable Energy Certificate
(REC) markets. MTC is currently entering into con-
tracts of up to 10 years for RECs from RPS-eligible
projects, providing them with bankable, long-term
revenue from an investment-grade entity.
• Increased use of CHP can also be fostered with
funding from state-clean energy funds, in 2004,
the New Jersey Board of Public Utilities' Office of
Clean Energy created a CHP incentive program and
provided $5 million for CHP projects. The
California Public Utilities Commission (CPUC)
issued a decision in 2001 requiring the investor-
owned utilities to provide self-generation incen-
tives, which include CHP.22 in New York, the New
York State Energy Research and Development
Authority (NYSERDA) manages the Distributed
Generation (DG)/CHP Program, which offers incen-
tives for CHP projects funded by PBFs. From 2000
to 2004, NYSERDA swarded $64 million under the
program, with the goal of awarding $15
million/year. (Note that some of this funding is
provided from PSFs focused on energy efficiency.)
Interaction with State and Fsdsrai
Pollens
The incentives and programs implemented by clean
energy funds interact with state and federal policies
in ways that may be important to the. designers of a
clean energy fund. For example:
• States have found that programs designed to sup-
port the overall energy and environmental goals of
the state and work in concert with other state
renewable energy initiatives, such as RPS and tax
credits, are most effective.
• Programs are most successful when leveraging
other funding sources without activating "double-
dipping" clauses. Incentives for wind projects that
also allow developers to continue to take advan-
tage of federal incentives include the production
tax credit (PTC) and 5-year accelerated deprecia-
tion (Wiser etal. 2002fl).
* States have found that the success of clean energy
fund incentives can also depend on the existence
of other state clean energy policies. For example,
in some states, net metering eligibility and inter-
connection standards may need to be established
or modified by the state Public Utility Commission
(PUC) to encourage small-scale distributed gener-
ation. (For more information or. net metering and
interconnection, see Section 5.4, interconnection
Standards.}
ffi CPUC incentive funding is $125 miiiion a year, most of which goes to PV instaiiations. For microturbines or internal combustion (iC) engines, ihe
incentive funding does not require CHP.
Section 5.2. Public Benefits Funds for State Clean Energy Supply Programs
-------
EPA Clean Energy-Environment Guide to Action (PrepubEication Version}
State Examples
California
The California Energy Commission (CEC), in coordina-
tion with the CPUC. manages clean energy funding
in California, The California PBF, established in 1998,
generates more than $135 million per year for clean
energy. The program has four primary components:
* Existing Renewable Resources supports market
competition among in-state existing renewable
electricity facilities through varying incentives.
Eligible existing renewable energy facilities are
primarily supported through a cents/kWh payment.
• New Renewable Resources encourages new renew-
able electricity generation projects through fixed
production incentives. Incentives are provided on 3
cersts/kWh payment
* Emerging Renewable Resources stimulates renew-
able energy and CHP23 market growth by providing
rebates to purchasers of onsite clean energy gen-
eration while encouraging market expansion (pri-
mariiy incentives for capacity installed, on a dol-
lar-per-watt basis),
• Consumer Education informs the public about the
benefits and availability of renewable energy tech-
nologies through dissemination of genera! infor-
mation'and project descriptions.
Web sites:
http://wvvw.energy.ca.9ov/renewat3les/
http://www.cpuc.C3.gov/static/industry/electric/
distributed+gencration/
Connecticut
The CCEF is managed by a quasi-government invest-
ment organization called CII. CCEF- receives about
$20 million annually from PBFs. Since its inception
in 1398 through September 2004, CCEF has invested
a total of $52.8 million in renewable energy develop-
ment.The program has three components:
• Installed Capacity Program, which supports long-
term contracts for clean energy projects and
incentive programs for host supply or onsite
installations of clean BG projects.
• Technology Demonstration Program, which sup-
ports the demonstration of new ciean energy
technologies and innovative applications, while
also providing infrastructure support to the
emerging clean energy industry.
• Public Awareness and Education Programs, which
support local clean energy campaigns to influence
the buying behavior of electricity customers so
that they voluntarily support clean energy.
Web site:
htipv'/www.ctciesnenergy.corn/
Massachusetts
MRET is managed by MIC, an independent economic
development agency focused on expanding the renew-
able energy sector and Massachusetts' innovation
economy. The State Division of Energy Resources pro-
vides oversight and planning assistance. A total of
$150 million over a 5-year period is earmarked for
renewable energy. MTC's approach is to first identify
barriers to renewable energy growth in Massachusetts,
then leverage additions! funds from other sources,
including private companies and non-profits. MTCs
goals include maximizing public benefit by creating
new high-tech jobs and producing clean energy. The
MRET includes four program areas:
• Ciean Energy Program.
• Green Buildings and Infrastructure Program.
• industry Support Program.
• Policy Unit.
Web site:
http://www.r
Hew Jersey
New Jersey's ciean energy initiative, administered by
the New Jersey Board of Public Utilities (NJBPU),
provides information snd financial incentives and
creates enabling regulations designed to help New
Jersey residents, businesses, and communities reduce.
their energy use, lower costs, and protect the envi-
ronment. New Jersey's Clean Energy Program has
three components: residential programs, commercial
23 Limited to fuel cell CHP systems fueled with biogas.
Chapter 5. Energy Supply Actions
-------
EPA Ciaan Energy-Environment Guide to Action (Prepublication Version)
and industrial programs, and renewable energy pro-
grams. CHP is funded as an efficiency measure
through the commercial and industrial programs.
On July 27, 2004, the NJ SPU approved a funding
level of $5 million for the Office of Clean Energy's
CHP Program, The program's goals are to increase
energy efficiency, reduce overall system peak-demand,
and encourage the use of emerging technologies. The
2004 CHP Program funded a total of 23 projects that
will generate in excess of 8 megawatts (MW) of
power with system efficiencies of 60% or greater.
Furthermore, on December 22, 2004, the NJ8PU
established the Clean Energy Program (CEP) funding
level at $745 million for the years 2005-2008. Of
that total, renewable energy programs will receive a
total of $273 million, making New Jersey home of
one of the most aggressive renewable energy pro-
grams in the country, in 2004, the Customer Onsite
Renewable Energy Program provided $12 million in
rebates for 280 PV projects, adding more than 2 MW
of new capacity.
In addition, New Jersey takes a comprehensive,
approach to ensure that all the different programs
and policies intended to support clean energy are in
place and work together (e.g., RPS with solar set-
aside, net metering, interconnection standards).
Web sites:
http://www.bpu.state.nj.us
http://www.njdeanenergy.CQm/htmi/Combmed/
carnbined.html
http://www.Rjcep.com/srec
New York
NYSESOA is a public benefit corporation crested in
1975 by the New York State Legislature.
NYSERDA administers the New York Energy Smart
program, which-is designed to support certain public
benefit programs during the transition to a more
competitive electricity market Some 2,700 projects
in 40 programs are funded by a charge on the elec-
tricity transmitted and distributed by the state's
investor-owned utilities. The New York Energy Smart
program provides energy efficiency services, research
and development, and environmental protection
activities.
Among other things, the Energy Smart program
administers the New York Energy Smart Loan Fund
program, which provides an interest rate reduction of
up to 4°/o (400 basis points) off a participating
lender's normal loan interest rate for a term up to 10
years on loans for certain energy-efficiency improve-
ments anci/or renewable technologies.
In addition, since 2001, NYSERDA has administered
other programs for energy efficiency and renewable
energy. These include the DG/CHP Program, which
has approved 83 DG/CHP systems for funding, repre-
senting 90 MW of peak demand reduction.
Web site: •
http://wvvw.nyserda.orQ
Ohio
Ohio's 1999 electric restructuring law created the
Energy Loan Fund (ELF) and Universal Service Board.
The ELF will collect $100 million over 10 years to
provide Sow-interest loans or loan guarantees for
energy efficiency improvements undertaken at resi-
dential, government, educational, small commercial,
small industrial, and agricultural facilities. Renewable
energy projects and public education efforts are slso
eligible for loans through ELF. The Ohio Department
of Development's Office of Energy Efficiency (GEE)
operates this fund. CHP systems up to 25 MW for
commercial, institutional, and industrial application
are eligible for grants and loans under this program.
Web site:
htlp://w«w.odod.state,oh.us/cdd/ose/en«rgy...loan...
fund.htrn
What States Can Do
Action Steps for States
States hsve chosen from a variety of approaches and
eligible technologies in developing their clean energy
funds. The best practices common among these
states have been explored above. Below are suggest-
ed action steps.
Section 5,2, Public Benefits Funds for State Clean Energy Supply Programs
-------
EPA Clean Energy-Environment Guide to Action (Prepublicatjon Version}
It is important for states that want to include CHP in
their clean energy portfolios to comprehensively pro-
mote its benefits. For example, identifying CHP as
both a clean source of energy and a source of signif-
icant energy sayings and efficiency provides addi-
tional flexibility in including CHP in P8F programs
and'communicating the program to the public.
States that Have an Existing Clean Energy
Fund
A top priority after establishing a clean energy fund
is to identify and mitigate issues that might adverse-
ly affect the program's success. Demonstrating that
the desired benefits are being achieved is essential
for continued funding and support for the program.
States can:
• Develop and monitor progress against dear targets
for renewable energy and CHP development and
related goals, such as green power participation
rates, infrastructure development (e.g., MW of new
capacity), and consumer awareness. Often, these
targets are related to state goals.
• if necessary, shift fund priorities and develop new
or modified programs in response to changes in
markets or technologies (Wiser et a I. 2002b).
States that Do Not Have an Existing Clean
Energy Fund
Broad political and public support is a prerequisite to
establishing a clean energy fund. After establishing
general support for goals, a key step is to facilitate
discussion and negotiation among key stakeholders
toward developing an appropriate clean energy fund
design.
• Ascertain the leve! of general interest and support
for renewable energy and CHP in the state, if
awareness is low, consider performing analysis fol-
lowed by an educational campaign to raise aware-
ness of the environmental and economic benefits
of accelerating the development of clean energy
supply. For example, SmartPower has been working
in numerous states to raise awareness of clean
energy through public education campaigns
(SmartPower 2005).
• Establish a working group of interested stakehold-
:. ers to consider design issues and develop recom-
mendations toward a clean .energy fund. Work
with the state legislature and PUC; as necessary,
to develop model language and address ratemak-
ing issues for raising, distributing, and administer-
ing the fund. Develop draft legislation for consid-
eration by the state legislature, if legislation is
required to implement a clean energy fund, !n
addition, if necessary, work with the PUC to estab-
lish the ratemaking process for creating the SBC.
Related Actions
• Consider additional policies or regulations that will
help make a clean energy fund successful. For
example, consider net metering and interconnec-
tion standards that are favorable to renewable
energy and CHP development For more informa-
tion on these policies, see the Section 5.4,
Interconnection Standards.
• Publicize success stories and goals that have been
reached. Make sure that state officials, office
holders, and the public are aware that the clean
energy fund is working and achieving the desired
results.
• A majority of clean energy funds were established
through legislation after a robust stakeholder
process that included input from utilities, PUCs,
energy users, equipment manufacturers, project
developers, state energy offices, and dean energy
advocates. A stakeholder process is crucial to
ensuring that market and project realities are con-
sidered in the design process.
On The Horizon
This guide has focused on established policies that
have proven to be successful in various states. The
table below provides a brief description of emerging
policies and innovative approaches, along with
sources of additional information about, these poli-
cies. To learn about additional policies on the horizon
related to the other energy supply policies see
Appendix C, Clean Energy Supply: Technologies.
Markets, and Programs.
Chapter 5. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version)
Clean
Contractor and ; Some states require equipment and contractor eer-
Equipment Certification jtificaiion for renewable energy installations that
i receive buy-down or state financial incentive:;.
iThese standards ensure that high-quality products
i and services are provided to customers
The North American Board of Certified Energy
Practitioners (NABCEP)wofks with this renewable
energy and energy efficiency industries, professionals,
and stakeholders to develop and implement quailty
eredentjaiing and certification programs for practition-
e rs. (http://www.nabcep.oTg/)
Standard REC i A few state renewable energy programs currently
Trading/Tracking jhave Web-based tracking systems for DS and/or
Systems . I assigning R£Cs based on this generation. These sys-
, jferns enable DG systems to participate in RECtnar-
i kets.
New Jersey established a separate REC trading sys-
tem far solar PV.'(http^/www.nj'cep.conVsrec/)
Mandated Long-Term i Allow utilities in deregulated markets to sign long-
Contracts for jterm contracts with renewable energy generators.
RonewaMes JThts would provide generators with the long-term
j certainty they need to gat their projects financed.
The referendum in Colorado that created the state's
RPS requires a 20-year purchase for projects eligible
to satisfy the RPS.
(http://www.renewableenergyyes.corn/!
A legislative act in Connecticut requires distribution
companies to sign long-term Power Purchase
Agreements f«r no less than 10 years for clean energy
at a wholesale market price plus up to $0.055 per kWh
for the REC. (http://www.ctcleanenergy.com/
investmenVMarketSupplylniti3tive.html)
integrating PUC goals
into PBF Program
Design ("crass-
walking")
j Encourages the use of PBFs not only to support
j energy efficiency and renewable energy but also to
j help PUCs and utilities reach their coals, such as
jincreased reliability, congestion relief, and
inent peak reduction.
New England Demand Response Initiative
(httpvynedri.raabassQciates.org/index.asp)
Information Resources
Federal Resources
Th« U.S. Environmental Protection Agency's (EPA'a) CHP Partnership is a voluntary
program thai seeks to reduce the environmental impact of energy generation by pro-
moting ihe use of CHP. The Partnership helps states identify opportunities for policy
developments (energy, environmental, economic! to encourage energy efficiency
through CHP, arid can provide additional assistance including CHP incentive/ pro-
gram design.
Ths EPASresn Pcwar Partnership is a voluntary Partnership between EPA and
organizations that are interested in buying green power. Through this program, the
EPA supports organizations that are buying or planning to buy green power.
Section 52. Public Benefits Funds for State Cioan Energy Supply Programs
-------
EPA Clean Energy-Environment Guide to Action (Propublication Version)
General Articles and Resources About Clean Energy Funds
Cta Energy SSstesASianee (CESA). Twelve states nave-established funds to pro-
mote renewable energy and clean i-nergy technologies. CESA is a nonprofit organi-
zation that provides information and technical services to these funds and works >
with them to build and expand clean energy markets in the United States. The CESA |
Web site includes links to a\\ state clean energy funds and related state agencies, I
Ths Dstates of State tncsntSvss for 8«B«wabh» Energy (DSIRB. This database is a i JiUj>:t>AwAV,!isi«?!is3.of gf
comprehensive source of information on state, local, utility, end selected federal - [
incentives that promote renewable energy. I
Case Stadias of State Support for Banswabfe Energy. This site contains a set of arti- f
cles pertaining to different aspects of clean energy funds authored by staff at
Lawrence Berkeley Nations! Laboratories (LBNL).
ite: Marketing Rasourees. SmartPower has been working in
numerous states to raise the awareness of clean energy through public education
campaigns.
Union of Concsmed Scientists, This Web site contains articles and fact sheets by [
staff atthe Union of Concerned Scientists on clean energy funds and PBFs for !
renewable energy. New articles and other information are added to the Web site |
continually. I
Refsrencss
CEC. 2005. Renewable Energy Program. CEC Web site. Accessed July 2005.
CC£F. 2005. Quick Facts about CCEF. CCEF Web site. Accessed July 2005.
Commonwealth of Massachusetts. :997. Chapter 164 of the Acis of 1997. An act rel-
ative to restructuring ihe electric utility.industry in the Commonwealth, regulating
the provision of electricity and other services, and promoting enhanced consumer
protections therein. Approved November 25.
Navigant Consulting Inc. (2005) company intelligence. Also see Katofsky, R. and L
Frantzis. ZOOS. Financing renewables in competitive electricity markets. Power
Engineering. March 1.
DSIRE. 2005. DSIRE Web site. Contains information on state PBFs.
$
Massachusetts Renewable Energy Collaborative. 1SS7. Consensus Report to the
Legislature on the Proposed Renewable Eri<-rgy Fund. July 1.
Chapters. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version!
Clean 6i«s»B«!»iBi«8l
NJCEP. 2004. New Jersey Clean Energy Program: Incentives, Regulation, and
Services Designed to Transform Energy Markets in New Jersey. October 4.3th
National Green Power Marketing Conference, Scott Hunter, NJBPU, Office of Clean
Energy.
NJCEP. 2005. Financial Incentives to "Bet with the Program." NJCEP Web site.
Accessed July 2005.
SmartPower 2005. SmartPower Web Siie: Marketing Resources. StnartPownr has
been working in numerous states to raise the awareness^of ciean energy through
public education campaigns.
State of Wisconsin. 2005, Focus on Energy. Renewable Energy. Wisconsin's Focus
on Energy Web site. Accessed July 200S.
UCS. 2004. Table of State Renewable Energy Funds, Union of Concerned Scientists.
Wiser, R, M, Bolinger, and T. Gagliano. 2Q02a. Analyzing the Interaction between
State Tax Incentives and tiie Federal Production Tax Credit for Wind Power, L3NL-
514S5. Environmental Energy Technologies Division, LBNL, Department of Energy,
Berkeley, CA. September.
V»1ssr, R., M. Bolinger, L Milford, K, Porter, and R. Ciark. 2002b. innovation,
Renewable Energy, and State Investment: Case Studies of Leading Cisan Energy
Funds. LBNL-51493. Environmental Energy Technologies Division, LBNL and The
Clean Energy Group. September.
Section 5.2. Public Benefits Funds for State Ciean Energy Supply Programs
-------
EPA Clean Energy-Environment Guide to Action (PrepubEication Version)
5,3 Output-Based Environmental
Regulations to Support Clean
Energy Supply
Policy Description and Objective
Description
Output-based environmental regulations relate emis-
sions to the productive output of a process. The goal
of output-based environmental regulations is to
encourage the use of fuel conversion efficiency and
renewable energy as air pollution control measures.
While output-based emission limits have been used
for years in regulating some industrial processes,
their use is oniy recently evolving for electricity and
steam generation. Output-based regulations can be
an important tool for promoting an array of innova-
tive energy technologies that will help achieve
national environmental and energy goals by reducing
fuel use.
Most environmental regulations for power generators
and boilers have historically established emission
limits based on heat input or exhaust concentration:
that is, they measure emissions in pounds per million
British thermal units (!b/MMBtu) of heat input or in
parts per miilion (ppm) of pollutant in the exhaust
stream. These traditional input-based limits do not
account for the pollution prevention benefits of
process efficiency in ways that encourage the appli-
cation of more efficient generation approaches. For
example, a facility that installs an energy-efficient
technology emits less, because less fuel is burned.
But with an Input-based emission limit, the reduced
emissions from improved energy efficiency are not
counted toward compliance. By not accounting for
these emission reductions, input-based emission lim-
its can be a barrier to adopting energy efficiency
improvements.
Output-based emission limits are particularly impor-
tant for promoting the significant energy and envi-
ronmental benefits of combined heat and power
(CHP). CHP units produce both electrical and thermal
States utilize output-based environmental
regulations to encourage efficient energy
generation by leveling the playing field for1'
fuel conversion efficiency and renewable
energy as air pollution control measures.
Historically, environmental regulations have
been input-based, which does not account
for the pollution prevention benefits of
process efficiency, which encourages the use
of more efficient generation approaches.
output. Output-based limits can be designed to
explicitly account for both types of output in the
compliance computation. Traditional input-based
limits, on the other hand, can present a barrier to
selecting CHP technologies, because they do not
account for the emission reductions achieved
through increased generation efficiency.
To encourage more efficient energy generation,
states have begun to design and implement output-
based environmental regulations. An output-based
emission limit is expressed as emissions per unit of
useful energy output (i.e., electricity, thermal energy,
or shaft power). The units of measure can vary
depending on the type of energy output and the
combustion source. For electricity generation, the
unit of measure is mass of emissions per megawatt-
hour (Ib/MWh).
Output-based emission limits do not favor any par-
ticular technology and do not increase emissions.
Output-based regulations simply level the playing
field by establishing performance criteria and allow-
ing energy efficiency and renewable energy to com-
pete on an equal footing with any other method of
reducing emissions (e.g., combustion controls and
add-on controls).
Objective
The key objective is to encourage more efficient
energy generation by designing environmental regu-
lations that allow energy efficiency to compete as an
air pollution control measure. Emission standards
Chapters, Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version}
that account for the emission reduction benefits of
energy efficiency, and specifically the efficiency ben-
efits of CHP, will make it more attractive for facilities
to permit and install clean energy technologies.
Output-based approaches also can be designed into
cap and trade programs to encourage non-emitting
end-use energy efficiency and renewable energy
projects.
An output-based emission regulation can reduce
compliance costs because it gives the plant operator
greater flexibility in reducing emissions, A facility
operator can comply by installing emission control
equipment, using a more energy-efficient process, or
using a combination of the two. Regulating the
emissions produced per unit of output has value for
equipment designers and operators because it gives
them additional opportunities to reduce emissions
through more efficient fuel combustion, more effi-
cient cooling lowers, more efficient generators, and
other process improvements that can increase plant
efficiency,
Example of Cost Flexibility Allowed by an Output-
Based Emission Standard. Consider a planned new or
repowered coal-fired utility plant with sn estimated
uncontrolled nitrogen oxide (NOj emissions rate of
0.35 Ib/MMBtu heat input. To comply with an input-
based emission standard of 0.13 !b/MMBtu heat
input, the plant operator would have to install emis-
sion control technology to reduce NO, emissions by
more than 60%. On the other hand, if the plant were
subject to an equivalent output-based emission stan-
Based Standards
dard of 1.3 ib/MWh, then the plant operator would
have the option of considering alternative control
strategies by varying both the operating efficiency of
the plant and the efficiency of the emission control
system (Table 5.3.1). This output-based format
allows the plant operator to determine the most
cost-effective way to reduce NO, emissions and pro-
vides an incentive to reduce fuel combustion. The
total annual emissions are the same in either case.
Benefits
Output-based environmental regulations level the
playing field and encourage pollution prevention and
energy efficiency. The primary benefits of using more
efficient combustion technologies and renewable
energy include:
• Multi-pollutant Emission Reductions. The use of
efficiency as a pollution control measure results in
multi-pollutant emission reductions. For example,
to comply with a rule.for NO,, a source that
increases fuel conversion efficiency will reduce
emissions of a!l other pollutants, including sulfur
dioxide (SO,), participate matter, hazardous air
pollutants, as well as unregulated emissions such
as carbon dioxide (CO,).
* Multimedia Environmental Reductions. By encour-
aging reduced fuel use. output-based environmen-
tal regulations reduce air, water, and solid waste
impacts from the production, processing, trans-
portation, and combustion of fossil fuels.
• Reduced f-'assii Fuel Use. Encouraging energy effi-
ciency and renewable energy sources will reduce
stress on today's energy systems and reduce the
demand for imported fossil fuels.
• Technology Innovation. Encouraging more, efficient
energy generation csn advance the use of innova-
tive technologies, such as CHP. Figure 5.3.1 illus-
trates how CHP can save energy compared to the
conventional practice of separate generation of
heat and power. CHP offers a combined fuel con-
version efficiency of 75°/o compared to 45°/o for
the conventional system while providing the same
thermal and electric service. As a result, the CHP
system emits only 17 tons of NO, per year while
Section 5.3. Output-Based Environmental Regulations to Support Clean Enargy Supply
-------
EPA Clean Energy-Environment Guide to Action (PrepublicatJon Version}
Figure 53.1; CHP System Efficiency
Conventional
Generation:
Combined Heat & Power:
5MW Natural Gf.s
CombustionTurbins
Power
Station
Fuel
(93!
(56)
EFFICIENCY: 31%
Boiler
Fuel
... TOTAL. EFFICIENCY...
EFFICIENCY; 80%
the conventional system emits 45 tons per year.
• Compliance flexibility. Allowing the use of energy
efficiency as part of an emission control strategy
provides regulated sources with an additional
compliance option. Under an output-based envi-
ronmental regulation, sources wouicl have the
option of varying both the efficiency of the
process.and the efficiency of the.emission control
system. This flexibility allows the plant operator to
determine the most cost-effective way to reduce
emissions, while providing art incentive to burn
Jess fuel Input- or concentration-based regula-
tions do not provide this option.
States that Have Developed Output-
Based Regulations
Several states have been at the forefront of adopting
output-based environmental regulations in general
and. in particular, developing ruies that account for
the efficiency benefits of CMP. Programs adopted by
these states include:
* Conventional emission limits using an output
format
» Special regulations for small distributed generators
(OG) that are output-based.
• Output-based allowance allocation methods in a
cap and trade program.
• Output-based allowance allocation set-asides for
energy efficiency and renewable energy.
• Multi-pollutant emission regulations using an out-
- put-based format
A summary of state output-based environmental reg-
ulations programs is presented in Table 5.3.2.
Designing an Effective Output-
Based Environmental Regulations
Program
Key elements that are involved in designing an effec-
tive output-based environmental regulations include
participants, applicable programs, interaction with
other state and federal policies, and barriers to
developing output-based environmental regulations.
The most common use of output-based regulations is
for emission limits. To design an output-based limit,
states make several decisions about the formal of
the rule. Making these decisions involves tradeoffs
between the degree to which the rule accounts for
the benefits of energy efficiency, the complexity of
the rule, and the ease of measuring compliance.
Chapter 5. Enargy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
. Tabfs §,3,1: State Output-Sas^d
Small DG-Rulsi
Allowance Allocation/trading
Small DG Rules'
Allowance Allocation/trading
Small D6 Rulet
Allowance Allocation/set-asides
Mains
Small DG Rule
Maryland
N»»> Hampshire
N«w Jersey
Texas
Allowance Allocation/set-asides
Allowance Allocation/trading'
Small DG Rule
Multi-pollutant Regulation
Allowance Aliocalicn/ses-asides
Multi-pollutant Regulation
Allowance Allocation/trading
Allowance Allocstiorv'set-asides
Small DG RU!S:
Allowance Altocation/set-asides
Allowance Alloc«iiorv'.sf;:-a::i(|i',s
Conventional MO limits
| Small DG
1 Includes recognition of CHP through inclusion ot thermal credit.
The genera! steps for designing an output-based
emission standard are:
• Develop the, Output-Based Emission Limit. The
method used to develop this limit depends on
whether emissions and energy output data that
were measured simultaneously are available, if
not, states can develop output-based emission
limits by converting input-based emissions data or
existing emission limits to an output-based equiv-
alent using unit conversions and a benchmark
energy efficiency.
* Specify a Gross or Net Energy Output Format. Net
energy output will more comprehensively account
for energy efficiency, but can increase the com-
plexity of compliance monitoring requirements.
* Specify Compliance Measurement Methods.
Output-based rules require, methods for monitor-
ing electrical, thermal, and mechanical outputs.
These outputs are already monitored at most facil-
ities for commercial purposes, and the methods
are readily available.
* Specify How to Calculate Emission Rates for CHP
Units. To account for the pollution prevention ben-
efits of CHP, output-based regulations must speci-
fy a method to account for both the thermal and
electric output of the CHP process {in this docu-
ment, we. refer to this as "recognizing" CHP).
States have used several approaches to recognize
CHP. These approaches are described in more ..
detail in The U.S. Environmental Protection
Agency's (EPA's) "Output-Based Regulations: A
Handbook for Air Regulators" (EPA 2004). Each
approach has policy and implementation trade-
offs, but they all provide s more appropriate
framework for regulating CHP emissions than do
conventional emission limit formats.
Participants
• State Environmental Agencies. The state environ-
mental agency is responsible for formulating and
administering state air regulations.
• State Energy Offices and Public Utility Commissions
(PUCs). These organizations can play an active role
in encouraging the use of output-based environ-
mental regulations. Both types of organizations
typically have an interest in promoting efficient
and clean energy generation and are looking for
policies that can promote such technologies. They
often have a good understanding of the value of
efficiency in the generating sector and can assist
Lhe process by analyzing potential energy and eco-
nomic benefits that the state could achieve by
using output-based environmental regulations.
• State Economic Development Agencies. These
agencies may also have an interest in output-
based environmental regulations due to their
potential to encourage lower cost and more reli-
able sources of energy for new industry. Output-
based environmental regulations might also sim-
plify environmental permitting for clean, efficient
Section 5.3. Output-Based Enw'ranmental Regulations to Support Clean Energy Supply
-------
EPA Clean Energy-Environment Guide to Action (Prapublication Version}
facilities, providing an advantage for economic
development in the state.
• Regulated and Nan-regulated Stakeholders.
Stakeholders often play a role in developing and
promoting output-based environmental regula-
tions. Energy users, CHP and DG equipment manu-
facturers, project developers, snd trade associa-
tions representing these interests may provide rel-
evant information and comments throughout the
regulatory development and implementation.
• State Legislators, in some cases, state legislators
may play a role in promoting output-based envi-
ronmental regulations. Legislators can be propo-
nents of efficiency and ciean technology and can
provide support for development of output-based
environmental regulations as a means of meeting
state efficiency and clean air goals.
Applicable Programs
Output-based concepts can be applied to a variety of
air regulatory programs, including:
• Conventional Emission Limits, Such as Reasonably
Available Control Technology (RACT), National
Emission Standards for Hazardous Air Pollutants •
(NESHAP}, and New Source Performance Standards
(NSPS). The Ozone Transport Commission (OTC) has
used an output-based format for "beyond-RACT"
NO, limits. ePA has used an output-based
approach with recognition of CHP for the NSPS for
NOS from utility boilers, NSPS for mercury from
coal-fired utility boiiers, and the NESHAP for com-
bustion turbines.
• Emission Limits for Small DG and CHP. Most states
that have receritiy promulgated emission limits for
DG are using output-based environmental regula-
tions. These states include California, Texas,
Connecticut, Massachusetts, and Maine. Delaware,
Rhode Island, and New York are currently develop-
ing output-based environmental regulations. All of
these states, except Massachusetts and New York,
recognize CHP by including thermal credit in their
regulations. Massachusetts and New York currently
are considering how to recognize CHP. These are
standalone efforts in response to developing mar-
kets for DG.
• Allowance Allocation in Emission Trading Programs.
Allowance allocation is an important component
in emission cap and trade, programs for electric
utilities. Allowance allocations are most commonly
based on either heat input or energy output
Allocation based on heat input gives more
allowances to less efficient units, and allocation
based on energy output gives more allowances to
more efficient units. An updating allocation sys-
tem (where allowances are reallocated in the
future) using an output basis provides an ongoing
incentive for improving energy efficiency.
Connecticut and New Jersey use output-based
allocation in their NO, trading rules.
Massachusetts uses sn output-based allocation
that includes the thermal energy from CHP.
• Allowance Allocation Set-Asides for Energy
Efficiency and Renewable Energy. In addition to
allocating allowances to regulated sources, a cap
and trade program cars "set aside" a portion of its
NO, allowances for allocation to energy efficiency,
renewable energy, snd CHP projects that are not
regulated under the cap and trade program. These
unregulated units can sell the allowances to regu-
lated units to generate additional revenue. States
with set-aside programs include Indiana,
Maryland, Massachusetts, New York, New Jersey,
and Ohio. Connecticut is currently developing a
set-aside rule.
• Multi-pollutant Programs. Several states have
adopted multi-pollutant emission limits for power
generators. Some include emission trading, while
others are similar to conventional emission rate
limits. Massachusetts and New Hampshire have
established such programs using output-based
environmental regulations, although neither cur-
rently includes CHP.
interaction with Federal Policies
Several federal programs have adopted output-based
regulations with recognition of CHP (see Examples of
Legislation and Program Proposals, in Information
Resources, below). These programs include:
• NSPS for NO, from electric utility boilers and the
proposed combustion turbines both apply output-
Chapter 5. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action (Prspublication Version}
based limits with recognition of CHP through the
treatment of a thermal credit The boiler NSPS
was one of the first such rules and helped set an
example for other regulations. The most recently
proposed NSPS revisions expand the use of out-
put-based environmental regulations to other pol-
lutants and improve the treatment of thermal out-
put from CHP.
• Emission limits in state implementation plans
(SIPs) can be in expressed in any format as long as
the plsn demonstrates compliance with federal air
quality standards.
• The new EPA cap and trade programs (Clean Air
Interstate Rule for ozone snd fine particulate mat-
ter and the Clean Air Mercury Rule) allow states
to determine the method for allocating
allowances. The EPA model rules include examples
of output-based allocation, including methods to
include CHP units. These model rules can be
adopted by states "as is," which would be. a bene-
fit to CHP.
Interaction with State Policies
The use or output-based environmental regulations
to encourage CHP can be coordinated with other
state programs, including:
* State emission disclosure programs for electricity
that typically use an output-based format
(Ib/MWh). This is an indication of the usefulness of
the output-based approach to accurately relate
emissions to useful output,
* Other state, policies that are important in encour-
aging efficiency and CHP development include grid
interconnection standards, electricity snd gas
ratemaking, and financial incentives for CHP
developments.
Barriers to Developing Output-Based
Environmental Regulations
For power and steam applications, an output-based
regulation is a change from historical regulatory
practice and can create uncertainties for implemen-
tation. At this time, however, the use of output-
Uwditei Deiossr »$i Nete -satfc*
design effective tBttput-based fiavircnajeafsl rapia-
tistis programs. Triass .rssmpffleadstJons sr» teed en
CHI!
*
and ap^n&atfafls might he affected &n& whether
thers ara any speeMe tseJmalsgy sssuesthat tfie
&f Qg
RsguSatfers: A Handbecfe for Air t«piatars"
based environmental reguiations is.growing, and
there has been sufficient experience with state and
EPA miernakings to provide successful examples for
rule development and implementation.
One issue that has been raised in past ruiemakings is
the fack of simultaneously measured energy output
and emission data upon which to base the emission
limit Where these data were not available, EPA and
states developed output-based environmental regu-
lations by converting input-based data or emission
limits to an output-based format using units of
measure, conversions and a benchmark energy effi-
ciency. The selection of a benchmark energy efficien-
cy is an important policy decision, because processes
with efficiency below the benchmark would have to
control emissions to a greater degree that those that
exceed the benchmark. This is especially true for reg-
ulation of existing sources, which have far fewer
Section 5.3. Output-Based Environmental Reguiations to Support Clean Energy Supply
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE tmnnf.Ksnir
options to take advantage of efficiency. Application
of output-based regulation to existing sources
requires special attention to the feasibility and cost
of compliance options.
Other common issues include the feasibility of emis-
sion monitoring, compliance methods, and technolo-
gy to measure process output (electricity and ther-
mal output). However, all of these questions have
been successfully addressed by states in their out-
put-based ruiemakings (see State Examples on page
5-39),
Program Implementation and
Evaluation
The best practices states can use when implementing
and evaluating output-based regulations are
described below.
Administering Body
The state, local, or tribal environmental agency is
almost always responsible for developing output-
bssed environmental regulations.
Roles and Responsibilities of
Implementing Organization
The state, local, or tribal environmental agency's
responsibilities include:
• Identify and evaluate opportunities for the appli-
cation of output-based environmental regulations.
* Gather information, develop goals for output-
based environmental regulations, develop output-
based environmental regulations, and establish
appropriate output-based emission limits.
• Publicize and implement output-based environ-
mental regulations. Train permit-writers on new
rules.
» Evaluate the value of output-based environmental
regulations in encouraging efficiency, CHP, and
emission reductions.
Evaluation
States can evaluate their overall air pollution regula-
tory program periodically to determine whether their
regulations are structured to encourage energy effi-
ciency, pollution prevention, and renewable
resources. This evaluation helps identify new oppor-
tunities for using output-based environmental regu-
lations to encourage energy efficiency through effec-
tive, regulatory design.
Regulatory programs are routinely reviewed and
revised, arid occasionally new programs are mandated
by state or federal legislation. For example, states are
developing revised SIPs to achieve greater emission
reductions to address problems of ozone, fine parlicu-
lates, and regional haze. States can use this opportu-
nity to evaluate the benefits of energy efficiency in .
attaining and maintaining air quality goals. States
can identify the overall benefits of output-based
tsf rs>p{atfoos program Tfcass r««G85fB«fKfe66ag ar«,
- ssvironsiefita \ regulators sadarstsad tfce
can $tc?M&
v^ and CHP,
^ersy $iO
pre*sstbfi cart help tomiujate pofiey,
» AppSy estpnit-feased efwsf&atBftRtaJ reg«{a^on& pnn-
eli
Chapters. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action fPrapubiication Version)
environmental regulations by assessing the affect of
higher efficiency on energy savings, other emissions-"
reduced, jobs created, and costs savings to utilities
and consumers. It may be advantageous to engage
state energy officials in this process to get additional
perspective and insights into the energy implications
of output-based environmental regulations.
State Examples
Connecticut
Connecticut has promulgated output-based environ-
mental regulations for NO,, participate matter, car-
bon monoxide (CO), and CCL from smsi! distributed
generators (< 15 MW capacity), including CHP. The
regulation is expressed in Ib/MWh based on the
Model Rule for DQ developed by the Regulatory
Assistance Project (RAP 2002). The regulation values
the efficiency of CHP based on the emissions that
are avoided by not having separate electric and ther-
mal generation. Connecticut also allocates
allowances based on energy output in their NO, trad-
ing program.
Web site:
htip://dep.st3te.ctiiS/3ir2/re9s/rnainrtgs/sec42.pdf
Indiana
Indiana has created a set-aside of allowance alloca-
tions for energy efficiency and renewable energy in
their NOX trading program. Indiana allocates 1,103
tons of NOX allowances each year for projects thai
reduce the consumption of electricity, reduce the
consumption of energy other than electricity, or gen-
erate electricity using renewable energy. Highly effi-
cient electricity generation projects for the predomi-
nant use of a single end-user or highly efficient gen-
eration projects that replace or displace existing
generation equipment are eligible to apply for NOX
allowances. Projects can involve combined cycle sys-
tems, CHP, microturbines, or fuel cells.
Web site:
http://www.in.gov/idem/air/standafd/Sip/guide.pdf
Massachusetts
Massachusetts has used output-based environmental
regulations in several important regulations. The
Massachusetts NO, cap and trade program employs
useful output, including the thermal output of CHP,
to allocate emission allowances to affected sources
(generators > 25 MW). This approach provides a sig-
nificant economic incentive for CHP within the emis-
sions cap. Massachusetts also has a multi-pollutant
emission regulation (NO,, S02, mercury [Hg], C02j for
existing power plants, which uses an output-based
format for conventional emission limits.
Web site:
http://www.mass.gQV/dep/bvvp/d3qc/files/728reg.pdf
Texas
in 2001, Texas-promulgated a standard permit with
output-based emission limits for small electric gen-
erators. The permit sets different NO, limits {ib/MWhJ
based on facility size, location, and level of utiliza-
tion. The compliance calculation accounts for the
thermal output of CHP units by converting the meas-
ured steam output (British thermal unit, or Btu) to
an equivalent electrical output (MWh). To qualify as
a CHP unit, the heat recovered must represent a
minimum of 20% of total energy output by the unit
Web site:
http://www.i:r:rcc.&tate.tx.iiS/pcrmilV!ng/airperfn/
r!5rper?niis/files/seg!.i...perrniion:y.pdf
What States Can Do
Output-based regulations with provisions to recog-
nize the pollution prevention benefits of CHP are
becoming more common in the development and
implementation of environmental regulations. Where
appropriate, states can investigate incorporating out-
put-based environmental regulations into new regu-
lations or amendments. The most important step is
to integrate an evaluation of output-based environ-
mental regulations into the routine review and
implementation of environmental regulations. In this
way, a state can promote energy efficiency through
the structure of its air pollution regulatory program.
Section 5.3. Output-Based Environmental Regulations to Support Clean Energy Sisppiy
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version)
Information Resources
Federal Resources .
Ths EPA CBP ParittBfship is a voluntary program that seeks to reduce the environ-
mental impact of energy generation by promoting the use of CHP. The Partnership
helps states identify opportunities for policy developments (i.e., energy, environmen-
tal, and economic} to encourage energy efficiency through CHP. In 2006, the
Partnership, in conjunction with the Northeast States for Coordinated Air Use
Management (NESCAUM), is developing output-based environmental regulations
training for state air regulators.
Output-bss9dR8gulalSons:AH8ridbattkforAirRefiuiaitor«.The EPA CHP Partnership
has developed 3 handbook that explains the benefits of output-based emission lim-
its, how to develop output-based environmental regulations, and the experience of
several states in implementing output-based environmental regulations. This hand-
book Is ifiienriifii as a resource for sir regulators in evaluating opportunities to adept
output-based environmental regulations and in writing regulations.
Developing sad Updating Gatput-Smsd NOK Allowance AiSoeatsone. This EPA guid-
ance document was the result of a 1999 stakeholder process to develop approaches
to output-based allocation of emission trading allowances, including allocation to
CHP facilities.
Other Rssources
EEA. 7.004, Seguiafery Beqiiirarnfint? Dstsbass far Smai! Eisctrtc Ssfierstora. This
oniine daiabase provides information on state environment:!: regulation!; for small
gsiiierators and other types (if regulations for smail generators.
an interstate association of air quality control divisions in the
Northeast The eight member states are comprised of the six New Eriyland States
and New York and New Jersey. NESCAUM's purpose is to exchange technical Infor-
mation and promote cooperation and coordination of technical and policy issues
regarding air quality control among the member states.
NREL 2002. Ths impact of Air Quality Regulations en Distributed Generation.
NREL/SR-200-31772. National Renewable Energy Laboratory (NREL). Golden, CO.
October. This report finds that current air quality regulatory practices are inhibiting
the development of DG, either through a failure to recognize the environmental ben-
efits offered by OG or by imposing requirements designed for larger systems that are j
not appropriate for DG systems.
Chapter 5. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version) ,
General Articles on Output-Based Regulation
AnsSysis of Output-Based Allocation of £raissian Trading Allowances. This report for
the U.S, Combined Heat and Power Association (USCHPA) provides background on
emission trading programs and the benafits of output-based allocation, with a par- ;
iicular focus on CHP. 1
Examples of Legislation and Program Proposals
Following are examples of output-based environmental regulations approaches to different types of environ-
mental regulation:
Umte
I The QIC has developed output-based "beyond RACT reguia-
' tory language for a variety of sources.
The federal N3PS for NOX from electric utility boilers and the
proposed NSPS for combustion torbmes are structured as out-
put-basal envir;)iim«[i!3l reijuiations. Each n-\K also contains
compiiarice provisions for CHP. These regulations provide
excellent examples of rule language and technics! background
documentation.
Texas h«s an output-based standard permit for small electric
genera tors with recognition of CHP
The SAP, with support from the U.S. Department of Energy
(DOE), developed model rule language for regulation of small
electric generators, including CHP.
Connecticut has promulgated a rule using the RAP nit-del rule
approach.
Massachusetts uses useful output, including thermal energy
from CHPS to allocate emission allowances in its NOX trading
program.
EPA has also included elements of output-based emission allo-
cation approaches in its model trading rules for the Clean Air
interstate Rule (CAIR) and Clean Air Mercury Rule.
EPA has suggested model language for energy efficiency/
renewable energy set-asides in NQX emission trading pro-
grams.
Section 5J. Output-Based Environmental Regulations to Support Clean Energy Supply
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
References
EPA. 2004. Output-based Regulations: A Handbook for Air Regulators. Produced in a
joint effort between Energy Supply and industry Branch, Green Power Partnership
and CUP Partnership. August 2004.
RAP 2002. Mode! Regulations ForTha Quiput Of Specified Air Emissions from
Smaller-scale Electric Generation Resources Model Rule And Supporting
Documentation. RAP. October 15.
Chapter 5. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action (Prspubiication Version)
Cleu fimsJl-HVif «t»W8l
STATE PSSTNF.aSMI'
5.4 Interconnection Standards
Policy Description and Objective
Summary
Standard interconnection rules for DG systems
(renewable energy and combined heat and power
[CHP]) are a relatively recent policy innovation used
by states to accelerate the development of clean
energy supply, CHP is an efficient, clean, and reiiable
approach to generating power and thermal energy
from a single fuel source by recovering the waste
heat for use in another beneficial purpose.
Customer-owned DG systems are typically connected
in parallel to the electric utility grid and sre designed
to provide some or all of the onsite electricity needs.
In some cases, excess power is sold to the utility
company.
Standard interconnection rules establish uniform
processes and technical requirements that apply to
utilities within the state. In some states, municipal-
ly-owned systems or electric cooperatives may be
exempt from rules approved by the state regulators.
Standard interconnection ,-u'es typically address the
application process and the technical interconnect
requirements for small DG projects of a specified
type and size.
Customers seeking to interconnect DG systems to the
utility grid must meet the procedural and technical
requirements of the iocai utility company. These
requirements address such important issues as grid
stability and worker and public safety. With the
approval of regulators, utilities establish the condi-
tions that customers seeking to connect DG systems
to the grid must meet. These conditions include safe-
guards, grid upgrades, operating restrictions, and
application procedures that may create barriers for
some DG projects, particularly smaller systems.
Smaller-scale DG systems are often subject to the
same, frequently lengthy, interconnection procedures
as larger systems even though their system impact is
likely to be significantly iess. if interconnection pro-
cedures are overly expensive in proportion to the size
The state puWic utility commission (PUC),
in determining utility interconnection rules,
can establish uniform application processes
and technical requirements that reduce
uncertainty and prevent excessive time
delays and costs that distributed generation
(03) can encounter when obtaining approval
for electric grid connection.
of the project,.they can overwhelm project costs to
the point of making dean DG non-economical.
It is for these, and other reasons that states are
increasingly developing and promoting standardized
interconnection requirements arid rules for OG. In
addition, some, states use net metering rules to gov-
ern interconnection of smaller DG systems. Net
metering is 2 method of crediting customers for
electricity that they generate on site in excess of
their own electricity consumption. It allows smaller
DG owners to offset power that they obtain from the
grid with excess power that they can supply through
their grid connection,
Standard interconnection is a critical component of
promoting clean DG and has been most successful
when coupled with other policies and programs.
Consequently, states are promoting clean DG through
a suite of related policies, including standard inter-
connection; addressing utility rates for standby,
backup, and exit fees; creating Renewable Portfolio
Standards (RPS); and other initiatives. The Energy
Policy Act of 200B (EPAct 2005) directs states to
consider their interconnection standards for DG
within one year of enactment (by September 2008)
and their net metering standards within two'years of
enactment (September 2007).
Objective
The key objective of standard interconnection rules is
to encourage the connection of clean DG systems
(renewable and CHP) to the electric grid in order to
obtain the benefits that they can provide without
compromising safety or system reliability.
Section 5A Interconnection Standards
-------
'•s
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Benefits
Standardized interconnection standards can support
the development of clean DG by providing dear and
reasonable rules for connecting clean energy systems
to the electric utility grid. By developing standard
interconnection requtreme.nts, states make progress
toward leveling the playing field for clean DQ rela-
tive to traditional central power generation. Standard
interconnection rules can help reduce uncertainty
and prevent excessive time delays and costs that.
small DG systems sometimes encounter when
obtaining approval for grid connection.
The benefits of increasing the number of clean OG
projects include: enhancing economic development in
the stated reducing peak electrical demand, reducing
electric grid constraints, reducing the environmental
impact of power generation, and 'helping states achieve
success with other clean energy initiatives. The appli-
cation of OG in targeted load pockets can reduce grid
congestion, potentially deferring or displacing more
expensive transmission and distribution infrastructure
investments. A 2005 study for the California Energy
Commission (CEC) found that strategically sited DQ
yields improvements to grid system efficiency and pro-
vides additional reserve power, deferred costs, and
other grid benefits (Evans 2005). Widespread deploy-
ment of DG can slow the growth-driven demand for
more power lines and power stations.
States with Intsrconnsction Standards
DG interconnections that do not involve power sales
to third parties typicaiSy are regulated by states. The
Federal Energy Regulatory Commission (FERC) regu-
lates DG.interconnections used to export power or for
interstate commerce.25 Since most DG is used to serve
electric load at the customer's site, states approve the
interconnection standards used tor the majority of
interconnections for smaller, clean DG systems.
As of November 2005, 13 states had adopted stan-
dard interconnection requirements for distributed
generators (i.e., California, Connecticut, Delaware,
Hawaii, Massachusetts, Michigan, Minnesota, New
Mexico, New Jersey, New York, Ohio, Texas, and
Wisconsin), and eight additional states were in the
process of developing similar standards (i.e., Arizona,
Illinois, iowa, Indiana, North Carolina. Pennsylvania,
Vermont, and Washington) (seefigure 5.4.1). While
these standards often cover a range of generating
Figure 5.4.1: States with 06
Standards
NotD, in addition:
• Nftw Jersey has interconnection standards for ne; "sisred renew-
able-3G< 2 !WW.
• Now Hampshire has interconnection standards for net metersd
renewable DG.< 25 kW.
' NC* j 100 kW
1 System sizs is limited to 2G kW far residential customers.
v- Economic development occurs through the increased number of DG facilities needed to meet electricity demand in the state and inducing compa-
nies to invest more in their facilities
w Particularly those installations that ors not interconnected to transmission systems or involved in third-party wholftsais n anssciions.
Chapter S. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
GlMn Eiwifgr£ti«1r States thai have variable net metering policies among utilities include Arizona, Rorica, Idaho, and Illinois.
28 Some- states (e.g.. New Hampshire and New Jersey) have developed standard interconnection processes and requirements as part of their net
metering-provision.
Section 5.4. Interconnection Standards
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Designing Effective
Interconnection Standards
States consider a number of key factors when
designing effective interconnection standards that
balance the needs of D6 owners, the utility company,
and the public. These factors inc'ude promoting
broad participation during standards development,
addressing a range of technology types and sizes,
and taking into consideration current barriers to
interconnection. In addition, it is important to con-
sider state and federal policies that might influence
the development and operation of interconnection
standards.
Participants
Key stakeholders who can contribute to the process
of developing effective interconnection standards
include:
Electric Utilities. Utilities are responsible for main-
taining the reliability and integrity of the grid and
ensuring the safety of the public and their
employees.
State PUCs. PUCs have jurisdiction over lOUs and,
in some cases, public-power utilities. They are
often instrumental in setting policy to encourage
onsite generation.
Developers of CHP and Renewable Energy Systems
and their Respective Trade Organizations.
Developers and their customers that will rely on
these systems can provide valuable technical
information and real-world scenarios.
Third-Party Technical Organizations. Organizations
such as IEEE and certifying organizations like the
UL have been active in establishing interconnec-
tion protocols and equipment certification stan-
dards nationwide.
j v f
^
*'*'?'* ' '' '-"
3.T&& l&term^i&ts"
i n tfi& systems :iypf E a!
iafgs? geasrsUsg ass«ts thot JfltercorstBet dtrectiy tp th« frafiSiHisstBR system and ars fegalstsd Isv FEBC.1
the ^rtti, itfslitia
tien, to !ficr&as« «tii,ity cotrfMeaca sroand DG systems, md««tfv «f^a«a,2S:tons, such astte Snfifituts ol SsctriE atui
Efeetronie ER^mesrs (i£E£) aad Ussterwrifcers Lai>»tatsrtes ^UIJ^ bav» bspa t© cleseiap stafidar^tftatea«ttii« tfes
n;d re
Chapter S. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action jPrepublication Version)
* Regional Transmission Organizations (RTQs). These
organizations may have already implemented
interconnection standards using FERC require-
ments for large non-utility generators generally
above 10 MW.
* Other Government Agencies. Federal agencies (e.g,,
FERC) and state environmental and public policy
agencies can play an important role in establishing
and developing interconnection standards.
Some states are bringing key stakeholders together
to deveiop state-based standards via a collaborative
process. For example, in Massachusetts, the
Distributed Generation Collaborative (DG
Collaborative) successfully brought together many
diverse stakeholders to develop the interconnection
rules now used by DG developers and customers in
Massachusetts.
Typical Specifications
Interconnection standards typically specify :
* The type of technology that may be interconnect-
ed {e.g., inverter-based systems, induction genera-
tors, synchronous generators).
• The required attributes of the electric grid where
the system will be interconnected (i.e., radial or
network distribution, distribution or transmission
tevei, maximum aggregate DQ capacity on a cir-
cuit),
• The maximum system size that wi!l be considered
in the standard interconnection process.
* Standard interconnection rules typically address
the application process and the technical inter-
connection requirements for DG projects:
* The application process includes some or ai! parts
of the interconnection process from the time a
potential customer considers submitting an appli-
cation to the time the interconnection agreement
is finalized. For example, rules may specify appli-
cation forms, timelines, fees, dispute resolution
processes, insurance requirements, and intercon-
nection agreements.
• Standard interconnection rules also address tech-
nical protocols and standards that specify how a
generator must interconnect with the electric grid.
For example, requirements may specify that DG
must conform to industry or national standards
and include protection systems designed to mini-
mize degradation of grid reliability and perform-
ance and maintain worker and public safety.
In addition, some states are developing different .
application processes and technical requirements for
differently sized or certified systems. Since the size
of a DG system can range from a renewable system
of only's few kW to s CHP system of tens of MW,
standards can be designed to accommodate this full
range. Several states have developed a multi-tiered
process for systems that range in size from less than
10 kW to more than 2 MW. Three states
(Connecticut, Michigan, arid Minnesota) have classi-
fied DG systems into five categories based on gener-
ator size. Other slates use fewer categories, but also
define fees, insurance requirements, and processing
times based on the category into which the DG falls.
The level of technical review and interconnection
requirements usually increases with generation
capacity.
In states with a multi-tiered- or screen'interconnec-
tion process, smaller systems that meet IEEE and UL
standards or certification generally pass through the
interconnection process faster, pay less in fees, and
require less protection equipment because technical
concerns are fewer. States that require faster pro-
cessing of applications for smaller systems (< 10 to
< 30 kW) include California, Connecticut,
Massachusetts, Michigan, Minnesota. New York, and
Wisconsin, For relatively large DG systems, processes
and requirements may be similar or identical to
those used for large central power generators. For
mid-size systems, states have found they may need
to develop several levels of procedural and technical
protocols to meet the range of needs for onsite gen-
erators, utilities, and regulators.
Constraints
Designing new DG interconnection rules provides an
opportunity to resolve recurring barriers encountered
by applicants for interconnection of DG systems.
Section 5A Interconnection Standards
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
These barriers have been weli-documented (NREL
2000, Schwartz 2005): three areas in which a DG
developer typically confronts problems include:
» Technical Barriers resulting from utility require-
ments (including requirements for safety meas-
ures) regarding the compatibility of DG systems
.with the grid and its operation. For example, cus-
tomers may be faced with costly electric grid
upgrades as a condition of interconnection.
Another frequently cited technical requirement
that is particularly costly for smaller DG is the vis-
ible shut-off switch located outside the premise
that, can be accessed by the utility to ensure that
no power is flowing from the OG unit These shut-
off switches range from $1,000 to $6,000 for
smal! systems {e.g., 30 kW to 200 kW), depending
on their location and whether they are installed, as
part of the original facility design or after the sys-
tem began operations.
* Utility Business Practices, including issues that
result from contractual and procedural intercon-
nection requirements between the utility snd the
project developer/owner. For example, customers
may face a long application review period or
lengthy technical study requirements, with high
associated costs,
• Regulatory Constraints arising primarily from tariff
and rate conditions, including the prohibition of
interconnection of generators that operate in par-
allel with the electric grid.?'* In some instances,
environmental permitting or emission limits also
can create barriers. For more information on the
barriers posed to DS systems by tariff and rate
issues, see Section 6.3, Emerging Approaches:
Removing Unintended Utility Rate Barriers to
Distributed Generation.
Some states are beginning to address these areas of
concern through a combination of policy actions and
regulatory changes to remove or alter requirements
that they believe are not appropriate for the scale of
small DG units,
Interaction with Federal Policies
States have found that several federal initiatives can
be utilized when designing their own interconnection
standards:
• In May 2005, FERC adopted interconnection stan-
dards for small DG of up to 20 MW. The rulemak-
ing addresses both the application processes and
technical requirements. Concurrently, through a
separate rulemaking. FERC has addressed an appli-
cation process and technical requirements for sys-
tems under 2 MW. States can use the new FERC
standard interconnection rules as a starting point
or template for preparing their own standards.30
• Under PURPA, utilities are required to aiiow inter-
connection by Qualifying Facilities (QFs).31 Utilities
may have standard procedures for such intercon-
nection and some states may regulate such inter-
connection. New interconnect rules for DG may be
more or less favorable than the existing regula-
tions for QFs and also may not be consistent with
existing rules for QFs. For example, in
Massachusetts the application timelines and fees
in the QF regulations are different than the DG
interconnection tariff, which could create confu-
sion and delay in establishing an interconnection.
• EPAct 2005requires electric utilities to intercon-
nect customers with DG upon request. The Act
specifies that the interconnection must conform to
IEEE Standard 1547, as it may be amended from
time to time. In addition, the state regulatory
29 When a CHP system is interconnected lo iiss grid and operates if. parallel wiai the grid ij
-------
EPA Clean Energy-Environment Guide to Action (PrepublicatJon Version)
authority must begin to consider these standards
within one year of enactment (September 2006)
arid must complete its consideration within two
years (September 2007). However, states that have
previously enacted interconnection standsrds,
have conducted a proceeding to consider the stan-
dards, or in which the state legislature has voted
on the implementation of such standards do not
have to meet these time frames.
EPAct 2005 requires electric utilities to make.
available upon request net metering services to
any electric customer. The state regulatory author-
ity is required to consider net metering within two
years of enactment (September 2007) and after
three years of enactment must adopt net metering
provisions (September 2008). However, states that
hsve previously enacted net metering provisions,
have conducted a proceeding to consider the stan-
dards, or in which the state legislature has voted
on the implementation of such standards do not
have to meet these time frames.
Interaction with State Policies
Interconnection standards are a critical complemen-
tary policy to other clean energy policies and pro-
grams such as state RPS (see Section 5.1, Renewable
Portfolio Standards), clean energy fund investments
(see Section 5.2.. Public Benefits Funds far State Clean
Energy Supply Programs), and utility planning prac-
tices (see Section 6.1, Portfolio Management
Strategies}.
Implementation and Evaluation
This section describes the implementation and evalu-
ation of new interconnection standards, including
best practices that states have found successful.
Best practices tat cfs?f*^ m 'M^somsa^aet standard are (fetled te&K&Tfe&se best itsct&es am based osifeB "
expeiisRces si ststes that h av& designed fotsnsofmectsan stsad ards. , " ' /
* ; W&rk E$8a86ratiye}\f %i& interested parties "to d«v&toj* tfttereaattBeifen rotes fiat are dear, eeneise, an$ ^ppSea-
' bte te si! petsntlaS 88 fschrmSogies, Tfe]g,wl stres:mfsfietfeg process aad avoid saMeiy and tiostly ra-werking. . •.
* 8sv«fep staa$arf!s that coverf&g scope of tfes desirsd DS l&shnQlo^seSv gesertfter types, sas&, and
'
* Address e
i» both tti«
pf&e«ss and fsfetsd fees &0«jmsastfrsft& wi!it gsaserator ska, Per example, dsvatep 3 stfsighSorwsrd process fsr
Create s streamimeji jwtte&ss for 3&geTs%rs that are ce?1l|i6d ^omsfianrto csftdn IE£E snd 111' standards, UL
Staadartl 1?41^"JrB?srt8rs; Converters and Charge CfesfrBlfers for Use In lsd«psnd&fjt Power SV^BJBS,"
4osi$« standards for inwsrfer-bas^d systems «nd»r 10 kW, IEES ^andand 1547,
tssf spectSca^ons for systems rat«ii sp ta IP MW, Tfes?e standartis,c8fi be used to
eapabity •
SB asfd&r ^opting portions et osttcngl i^odste (such ss tficse tfav«lcpsrf bytte Nstions! Assactattors af H&§ulatory
* Dry to maxinttizs caas^Bflc^ hetws«fi the RID anfil the stefe standards fsr large ^«nsratcrs.
•KC
Section 5.4. Interconnectiofi Standards
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version)
Administering Body
While individual stales may develop interconnection
standards that are then approved by the PUC, utilities
are ultimately responsible for their implementation.
Boies and Responsibilities of
Implementing Organization
By establishing cteariy defined categories of tech-
nologies and generation systems, utilities are able to
streamline the process for customers and lessen the
administrative time, related to reviewing interconnec-
tion applications. For example, some states create
multiple categories and tiers for reviewing applica-
tions with established maximum time frames. Across
these technology categories, the maximum process-
ing time allowed can vary by more than 2 factor of
five depending on the technical complexity and size
of the interconnection. Several states [including
California, Connecticut, Massachusetts, Michigan,
Minnesota, New York, and Wisconsin) have created
tiered application, processes based on system size and
other factors. They have found that this tiered
approach allows smaller systems a streamlined .
process while maintaining a standard process for
larger systems.
• A streamlinedprocess that applies to smaller or
simpler systems (6.9., inverter-based) could have
lower fees, shorter timelines, and fewer require-
ments for system impact studies. In some cases,
states have pre-certified certain devices (i.e.,
California and New York) or require compliance
with Ul 1741 or IEEE 1547 and other applicable
standards (i.e., Connecticut, Massachusetts,
Minnesota, New Jersey, and Texas) to expedite
approval.
• Systems in a standard process are subject to a
comprehensive evaluation. Applicants for these
systems are typically required to pay additional
fees for impact studies to determine how the DG
may affect the performance and reliability of the
electrical grid. Because of the higher degree of
technical complexity, fees are higher and process-
ing times are longer.
State Examples
There is no single way that states are approaching
the interconnection of DG. In fact, there is tremen-
dous diversity among the key elements of intercon-
nection standards recently established at the state
level, in the examples presented beiow, each state
has different interconnection application processes,
including fees, timelines, and eligibility criteria.
Greater similarities are emerging smong states' tech-
nical requirements, and this consistency is making it
increasingly easier to increase the. amount of clean
DG in the states.
Massachusetts
in June 2002, the Massachusetts Department of
Telecommunications and Energy (DTE) initiated a
ruiemaking to develop interconnection standards for
DG. The policymakers within the DTE established a
DG Collaborative to engage stakeholders (including
utilities, DG developers, customers, and public inter-
est organizations) to jointly develop a model inter-
connection tariff.
3y adopting this model interconnection tariff,
Massachusetts established a clear, transparent, and
standard process for DG interconnection applications.
The process uses pre-specified criteria to screen
applications and establish application fees and time-
lines for DG systems of all types and sizes. The model
interconnection tariff clearly specifies each step
within the interconnection process and the maxi-
mum permissible timeframes for each step. In addi-
tion, the mode! interconnection tariff provides for a
"Simplified Process" that allows most inverter-based
systems that are 10 kW or less and are UL 1741 cer-
States that require faster processing of applications for smaller systems |i *0 kW to £ 30 kW) include California, Connecticut,. Massachusetts,
Michigan, Minnesota, New York, and Wisconsin.
Chapter 5. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
The best practices idgfltiiled fcs&wwl help
: states? m irspfesn^nttng
Tims best
standards*
« - Cb&sfider tttttffctsg as s ee$fttoirg&r$ to ss&kSsh
flKrtvltof tog activities ta evaSuata the
stasdsrds s
1&& and applicants, - "
sbrasst of ehaagas N DS/C-HP jmd
stf astsfinmg the spplicatloft process and i
fe,
iiJf grottos su^h as ME££ te
ilyHies 8fti$ us stsi? uHO-cf^
s&ndgftis davetepsd an^ sasetad h^ ftiese -
iified to be processed in less than 1 5 days without
an application fee. Under the "standard process,"
used for larger DG systems that may have significant
utility system impact, the process can take as long as
150 days and involve a $2,500 application fee in
addition to other technical study and interconnection
costs. The DG Collaborative also agreed to a five-step
dispute resolution process in the event the intercon-
necting applicant is unable to. reach agreement with
the utility regarding the utility's decisions on the
interconnection application.
After the adoption of the model interconnection tar-
iff, the DG Collaborative reconvened to evaluate the
reasonableness of the interconnection process by
reviewing how the standard .was functioning. The DG
Collaborative examines application fees and time-
frames through a database structured to track inter-
connection applications. Although many applicants
have successfully used the existing standard, the DG
Collaborative has determined that it should review
the application process and screening criteria in the
model interconnection tariffs to further improve the
process. This ievel of review is unique among states
that have developed interconnection standards.
Web sites {DTE DG interconnection proceedings):
http^/www,rnsss.gov/dte/re:5truct/competit?on/
distributed... generat-on.hwri.
htl:p://vvww.fr:asstech.org/polScy/d
-------
EPA Clean Energy-Environment Guide to Action (Prepublicatiort Version)
New York's Standard Interconnection Requirements
(SSR) include a detailed 11-step process from the
"initial Communication from the Potential Applicant"
to the "Final Acceptance and Utility Cost
Reconciliation." Similar to other states with intercon-
nection standards, the New York SIR includes sepa-
rate requirements for synchronous generators, induc-
tion generators, and inverters. Notably, there is no
application fee for D6 systems rated up to 15 kVV. For
DQ larger than 15 kW, the application fee is $350.
Web site:
http://www.dps3.srate.ny.us/distgen.rrtm.
Texas
In November 1999, the Texas PUC adopted substan-
tive rules that apply to interconnecting generation
facilities of 10 MW or less to distribution-level volt-
ages at the point of common coupling. This ruling
applies to both radial and secondary network systems.
The rules require that Texas utilities evaluate appli-
cations based on pre-spscified screening criteria,
including equipment size and the relative size of the
DG system to feeder load. These rules are intended to
streamline the interconnection process for appli-
cants, particularly those with smaller devices and for
those that are likely to have minimal impact on the
electric utility grid. For example, under certain condi-
tions, if the DG interconnection application passes
pre-specified screens, the utility does not charge the
applicant a fee for s technics! study (since technical
studies are. for DG applications that pass the
screens). If the. DG system is pre-certified.3* the utili-
ty has up to four weeks to return sn approved inter-
connection agreement to the applicant. Otherwise,
the utility has up to six weeks.
Web site:
http://www.puc.state.txus/eSectric/busine.5S/dg/
dgmanuai.pdt
What States Can Do
States have adopted successful interconnect stan-
dards that expedite the implementation of clean
energy technologies while accounting for the relia-
bility and safety needs of the utility companies.
Action steps for both initiating a program to estab-
lish interconnect rules arid for ensuring the ongoing
success of the rules after adoption are described
beiow.
Action Steps for States
States that Have Existing Interconnection
Standards
A priority after establishing standard interconnection
rules is to identify and mitigate issues that might
adversely impact the success of the rules. Being able
to demonstrate the desired benefits is critical to
their acceptance and use by key stakeholders.
Strategies to demonstrate these benefits include:
• Monitor interconnection applications to determine
if the standards ease the process for applicants
and cover ail types of interconnected systems.
Stales can also monitor utility compliance with
the new standards or create a complaint/dispute
resolution point of contact,
« If resources permit, identify an appropriate organi-
zation to maintain a database on interconnection
applications and new OG systems, evaluate the
data, and convene key interconnection stakehold-
ers when necessary.
• Modify and change interconnection rules as nec-
essary to respond to the. results of monitoring and
evaluation activities.
3* A pre-certified system is a known collection of components that has been tested and certified by a qualified third party (e.g., nationally reeogfiKaa
testing laboratory) to must certain industry or state standards.
Chapters, Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action (Prapublication Version)
States That Do Not Have Existing
interconnection Standards
Political and public support is a prerequisite to
establishing standard interconnection rules.
• Ascertain the level of demand and support for
standard interconnection rules in the state by both
pubiic office holders and key industry members
(e.g., utilities, equipment manufacturers, project
developers, and potential system owners). !f
awareness is low, consider implementing an edu-
cational effort targeted at key stakeholders io
raise awareness of the environmental and, espe-
cially, economic benefits resulting from uniform
interconnection rules. For example, demonstrate
that DG can result in enhanced reliability and
reduced grid congestion. A 2005 study for the CEC
found that strategically sited DG yields improve-
ments to grid system efficiency, provides addition-
al reserve power, deferred costs, and other grid
benefits (Evans 2005). If resources are available,
perform an analysis of these benefits and imple-
ment a piioi project [e.g., similar to Bonneville
Power Authority's (BPA's) "non-wires" pilot pro-
gram (BPA 2005) or the Massachusetts Technology
Collaborative's (MTC's) Utility Congestion Relief
Pilot Projects (RET 2005)] that promotes DG along
with energy efficiency arsd voluntary transmission
reduction. While this type of analysis is not essen-
tial, states have found it to be helpful.
• Establish a collaborative working group of key
stakeholders to develop recommendations for a
standard interconnection process and technical
requirements. Open a docket at the PUC with the
goal of receiving stakeholder comments and devel-
oping s draft regulation for consideration by the
state PUC.
• If necessary, work with members of the legislature
and the PUC to develop support for passage of the
interconnection rules.
• Remember that implementing interconnection
standards may take some years. States have found
that success is driven by the inherent value of DG,
which eventually becomes evident to stakeholders.
• Consider existing federal and state standards in
the deveiapment process of new interconnection
procedures and rely on accepted IEEE and UL stan-
dards to develop technical requirements for inter-
connection.
Related Actions
* For interconnection standards to be effective, tar-
iffs and regulations that encourage DG need to be
in place. If current tariffs and regulations discour-
age DG, then interconnection standards may not
result in DG growth. Tariffs that encourage 06
growth may allow customers to sell excess elec-
tricity back to the utility at or near retail rates..
Key regulations that might discourage successful
implementation of DG include high standby
charges or back-up rates. Utility financial incen-
tives that promote sales growth can discourage
customers from making their own electricity and
also discourage DG deployment. For more informa-
tion on utility financial incentives, see Section 6.2.
Utility Incentives For Demand-Side Resources.
« Communicate the positive results to state officials,.
public office holders, and the public
• Include key stakeholders (e.g., utilities, equipment
manufacturers, project developers, potential cus-
tomers, advocacy groups, and regulators) in the
development of the standard interconnection
rules. Stakeholders can also contribute to rule
modification based on the results of ongoing mon-
itoring and evaluation.
Section 5.4. Interconnection Standards
-------
CEm
EPA Clean Energy-Environment Guide to Action {Prepublication Version}
Information Resources
Stats-by-state Assessment
Distribution and Intarcenasetkir! BSD Program. This U S. Department of Energy
{DOEI program provides information and lirxs 1o "iterconnert or information in each
state. .
The Database «f Stele Incentives for flsnewabts Energy {DSIRE5 is a resource for
information on state interconnection policies. The Web site aSso provides compara-
tive information on policies for each state.
Federal Resources
Ths U.S. EnvironrRentei Proiseisos Agsrsc/s {EPA's) CH? Partnsrshijj is a voluntary'
program that seeks to reduce the environmental impact of energy generation by
promoting the use of CHP. The Partnership helps states identify opportunities for pol-
icy development (energy, environmental, economic! to encourage energy efficiency
through CHP and can provide additional assistance to htilj) states implement stan-
dard interconnection.
DDEs Nai&ftal Ranewsble Energy Lsbofstory (HKZll actively participauis in many
of the programs that create national standards for interconnection.
National Standards Organizations
IEEE has developed standards relevant to may of the technical aspects of the irnur-
conni-Ktion. In parikuSar, Standard 1 547. interconnecting Distributed Resources with
Electric Power Systems, provides requirements relevantto the performance, opera- •
tion, testing, safety considerations, and maintenance of the interconnection.
UL also develop standards for interconnecting DG. In particular. UL1741 will com-
bine product safety requirements with the utility interconnection requirements
developed in the IEEE 1547 standard to provide a testing standard to evaluate and
certify DG products.
S47 is
Chapters. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version) \
Examples of Standard Interconnection Rules
NA8UC has developed Model Interconnection Procedures and Agreement for Small
Distributed Generation Resources.
iHcC has prepared a model interconnection rule and guide to connecting Dfi to the
grid.
Model Distributed Generation Interconnection Procedures and Net Metering
Provisions
Connecting to the Grid: A Guide to Distributed Generation Interconnection Issues
Modal SatsrconnsclsoRTariff. Massachusetts adopted this mod«i interconnection il
tariff to establish a ciear, transparent, end standard process for 06 interconnection
applications.
Mki-ftHantie Qittributed Resources tofltativs {^ADSit in a coilahoralivo process,
MAORI has developed 3 sample interconnection standard.
c>rc at gfcs&o- I
'
'rs8^a,o"Q/3df,'gs!de pa?
:Vrfy$lf2Cti'Kf
Other Resources
A NREL report. Making Connections: Case Studies of Interconnection Barriers and
their Impsct on Distributed Power Projects, smdied the liarriors projncls hav
-------
EPA Clean Ensrgy-Environmenft Guide to Action (Prepublicatson Version)
State References
California
Cormsclseat
Michigan
8ew Hampshire
California Public Utilities Commission JCPUC) Distributed
Energy Resource Guide: interconnection.
CPUC Decision GC-12-G37-D«cision Adopting Ititerconwiction
Standards (Issued December 21, 2000}.
Connecticut Department of Public Utility Control (DPUC| (DOCK-
ET NO. 03-01 -15).
Connecticut DPUC Decision-Investigation into the Need for
interconnection Standards for Distributed Generation (Issued
April 21, 2004}.
Customer-Owned Generation Web sites supported hy the
Delaware Division of the Public Advocate.
Customer Generation Interconnection Standards (Rule 14)
maintained by the Department of Business, Economic
Development, and Tourism,
Docket No. 02-0051 -Decision No. #19773 issued November 15,
2002, and Decision No. 20C56 issued March 3, 2083.
Massachusetts DTE Distributed Generation Web page.
Massachusetts DTE 02-38-8- Investigation by the DTE on its
own motion into Distributed Generation (issued February 2*,
2004}.
Michigan Public Service Commission (PSC} Case No. U-13745.
Michigan PSC Decision in Case No. Lt-13745, "In the matter, on
the Commission's own motion, to promulgate rules governing
the interconnection of independent power projects with elec-
tric utilities" {Issued July 8, 2.003).
Case File Control Sheet for Minnesota PliC Docket No. £-
999/CI-GM023.
Minnesota PljC,"'!n tiie Matter oi Establishing Generic
Standards for Utility Tariffs for Interconnection and Operation
of Distributed Generation Facilities under Minnesota Laws
2001, Chapter 212" (Issued September 23, 2004).
New Hampshire Code of Administrative Rules, Chapter PUC
900, "Net Metering for Customer-Owned Renewable Energy
Generation Resources of 25 Kilowatt or Less" (Effective
January 12, 2001).
htijj:,>'<'*«wg.AJSt
,,™~i
Chapter 5; Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action {PrepubHcatkm Version) ,'
NswYorfc
N.J.A.C 14:4-S, "Net Metering and Interconnection Standards
for Class \ Renewable Energy Systems." (Effective October 4,
2004}.
New York PSC OS Information.
Nfiw York PSC Case 02-E1282, "Order Modifying Standardised
frrterDonnection Requirsments" (Effective November 17,2004)
The Public Utilities Commission of Ohio's Web page, "Electric >nbx'?VrtWpaecU V
«an
!<•« IV^/'tS'•:
Wisconsin
Wisconsin Administrative Code Chapter PSC 119, "Rules for
Interconnecting Distributed Generation Facilities" {Effective
February l,20G4i.
Section S^. Interconnection Standards
-------
EPA Clean Energy-Environment Quids to Action (PrepubiicatJon Version)
References
BPA. 2005. BPA Web Site. Non-Wires Solutions Roundiable Information. August 19.
Evans, P.B. 2005. Optimal Portfolio Methodology for Assessing Distributed Energy
Resources Benefits for the Energynet, CEC, PIER Energy-Related Environmental
Research. CEC-5CQ-2G05-Q61-D.
IREC 2005. IREC am! North Carolina Soiar Center. January, |
i i
I Navigant 2005. Company intelligence. Navigant Consulting Inc. Also see; Katofsky, I
| R. and L Frantzis. 2005. financing renewables in competitive electricity markets. j
Power Engineering. March 1. * \
NREL 2000. Making Connections: Case Studies of Interconnection Barriers and their \
Impact on Distributed Power Projects. NREL of DOE. ;
j RET 2005. Renewable Energy Trust Web Site. Massachusetts Technology }
' Collaborative (MTC|: Congestion Relief Pilot Projects. Accessed November 2005, \
SchwarU, L 2005. Dis'ribi-ed Gefieration in Orsujcn: Overvi«w, Rtigolstcitv Barriers
and Recommendations, PUC Staff. February.
Chapters,EnergySuppiyActions
-------
EPA Ciaan Energy-Environment Guide to Action f PrepubSication Version)
5,5 Fostering Green Power
Markets ',
Policy Description and Objective
Summary
Green power is a reiatively small btit growing market
that provides electricity customers the opportunity to
make environmental choices about their electricity
consumption. Programs in more than 40 states cur-
rently serve approximately 540,000 customers, repre-
senting nearly 4 biliion kilowatt-hours (kWh) annual-
ly. Green power is offered in both vertically integrat-
ed snd competitive retail markers. Green power pro-
grams have existed for approximately 10 years and
have contributed to the development of over 2,200
megawatts (MW) of new renewable capacity over
that time. A recent study estimates that this could
reach 8,000 MW by 2015 (Wiser et al. 2001).
Because participation in green power programs is
voluntary, the role for states may be more limited
than with other clean energy policy options, but it is
siiil important. States can play a key role in helping
to accelerate green power market development and
increase overall participation levels. States can also
ensure that green power markets complement other
policies already in place, such as system benefits
charge (SBC) funds and renewable portfolio stan-
dards (RPS). Overall, state support of green power
markets can require less effort on the part of states
than for other policies {e.g.. RPSj and they can pro-
vide significant benefits when properly designed.
The approach taken depends on whether or not a
state has vertically integrated or competitive retail
electricity markets. For example, in vertically inte-
grated markets, several states now require utilities to
offer a green pricing tariff. Although signing up for
green power service remains voluntary, this policy
ensures that ali customers have the option available
to them.
In restructured markets, green power products are
available from a range of competitive suppliers.
Voluntary green power markets promote the
development of renewable energy resources
and the renewable energy industry by giving
customers the opportunity to purchase dean
energy. States can play a key role io foster-
ing the development of green power markets
that deliver tow-cost, environmentally bene-
ficial renewable energy resources.
Customers may also increasingly be able to choose
renewable energy as their default service by so-
called "green check-off" programs.
In both vertically integrated and competitive mar-
kets, creating an environment favorable to green
power can require the development of several poli-
cies and programs. For states interested in taking a
more active role, this section outlines the suite of
policies and programs to be considered.
Objective
The msin objective of supporting development of
green power markets is to increase the generation
and use of renewable energy by giving customers the
choice to support cleaner electricity generation
options. Green power programs allow customers to
support renewable energy development above and
beyond the levels determined through the utility
resource planning process or through state policies,
such as RPS. Most green power products are
designed to promote the development of new renew-
able energy capacity rather than providing support
for existing capacity. Some of the underlying objec-
tives of developing a green power market are to:
• Decrease the. environmental impact of electricity
generation.
• Help reduce the cost of renewable energy genera-
tion over time.
• Provide customers with choice, even in vertically
integrated markets.
• Increase competition in restructured markets by
increasing the number and type of green power
options available to electric customers.
Section 5J, Fostering Green Power Markets
-------
Clita
EPA Clean Energy-Environment Guide to Action (Prepublication Version}
• Support development of local resources and asso-
ciated economic development opportunities.
« Decrease energy price volatility, increase fuel
diversity, and provide a hedge against future elec-
tricity price volatility.
• Reduce demand for fossil fuels, casing supply
concerns..
State support for green power markets is also a com-
plement to other renewable energy policies and pro-
grams such as RPS (see Section 5.1, Renewable
Portfolio Standards}. In this way, green power mar-
kets provide additional resources beyond the base
provided by RPS and other policies.
Benefits
Green power markets support the development of
renewable energy without imposing any additional
costs on ratepayers (as a class). Generally, only those
customers who choose to participate in the programs
pay the premiums needed to cover the above-market
costs of renewable energy. However, the economic
and environmental benefits of green power accrue to
all ratepayers.
Properly designed green power programs can be
structured to facilitate the execution of long-term
contracts for renewable energy, which is critical for
project developers seeking to obtain Financing for
their projects.
To date, green power markets in the United States:
• Have resulted in the construction of more than
2,200 MW of new renewable capacity (see Figure
5.5.1). .
• Are supporting the development of an additional
455 MW of renewable capacity in the near term.
• Have permitted more then 540,000 customers to
choose green power.
figure 5.5.1: Renewable Energy Capaerfy Added to
Meet Voluntary Grean Paw»r Demand Through 2004
SSjSjSSSSN^
BE Resource
Wind
Blomass
Solar
G BO thermal
Small Hydro
Total
, InPlac*
AJItaf
TOW
2,045.6
135.6
8.1
35.5
8.5
2,233.3
>
91.6
6.1
0.4
1.6
0.4
100.0
nannadK
MW
364.S
58.B
0.4
0.0
31,3
455.0
%
80.1
12.9
0.1
0.0
6.9
100.0
i New capacity refers to projects btiilt specifically to serve green
power customers or recertify constructed to meet Grssn-e standards
and used to supply green power customers. Includes utility green
pricing and competitive green power products. Capacity installed tc
meet state RPS requirements is not included.
! Planned refers to under construction or formally announced.
Soante: 8M sad Smaty 2505,
» Have avoided the release of approximately 2.7
million tons of carbon dioxide {COj in 2003
alone.3s
Status of Green Power
There are two basic types of green power products:
bundled renewable energy and renewable energy cer-
tificates (REC) (see box on page XX). Depending on
whether a state has vertically integrated or restruc-
tured markets, bundled renewable energy is either
available from utility green pricing programs or from
competitive.green power marketers, respectively. REC
products are available to anyone in the United
States.
As of 2003, utility green pricing programs were
available in 34 states at over 500 utilities36 and
competitive green power products were available in
restructured markets in nine states and Washington,
D.C. through more than 30 green power marketers
Based on an average C02 emission rate of i,368 pounds per Kilowatt-hour (Ib/RWn) and 3.9 billion kWh of green power sales IsniissioR rate was
estimated from the electric Power Annual 2003; OOE OA 2004).
Many are municipal utilities or cooperatives.
Chapter 5. Energy Suppfy Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version) ''
Chait f»Mjy£t»i!st»i>:«:t
To fw% understand the djfferenttypas ol green power products avaltabteto consumers, one rnustfirst understand
the accept of RECs, aiso referred to as gfe&ff t&&$< grftett emtf&a&s, renews®? sa&gy crsdits, and ti&fabto
refiews$& cettifictttes fT-RKS}. BECs are usstl ba tfaiy& toe atferiMss of rsrsowabie energy (i.e., the desirable
prepertfes of toe renewable energy, such 3S !ovv or zero emissions, and the fact that they ars gsrtersted tacahyK
Toe emergence al RECs as the "currency" for tltese attributes ahews ihem to be separated from the pevsfsr pra-
bte8der&y \&$$\d in one of two ways. The term
a! service ar tsrifi offered by utHittes to thsif «^vft c«ste(nsrs in verttessty Sniesrstfid elaetricity markets.
pot/W maff&tfftfi refers to the seiiing of green power by fompettf5v§ sepptfers Jri
&tfjctficity pcodaets gre avaiiabie to cbftsumers tecamd afjywhere m Iho country. These 8£€s V "
T-RECscas he hoafht and soM at tfie whotesals level fik« ofer ccjBfrtoditjes, and aisosoid at the rstsi! !«ve!4p\
individual cEssumars, to atJdit?os tc T-REC rsarkaters and rstaSers, tftera are a number cf brokers that serve ftis v
emerging KEC jnarket Trie fact that tber$ sfe 1-SEC ma riwsjei's,, retailers, and brokers demonstrates the importance
In (
nsfs.ijisacslteO s trsxiHftte fstMwabffl certilKsta
• buys fifeeswis
and attributes
Section 5.5. Fostering Green Power Markets
-------
EPA Clean Energy-Environment Guide to Action (Prepublicetion Version)
STATE »ARtltCMH!F
(Bird and Swezey 2004)37 (see Figures 5.5.2 and
5.5.3). Combined, in 2003 these programs had annual
sales of approximately 3.2 biiiion kWh.
In addition, 22 companies offered REC products in
2003, Sales in these prograrns represented'an addi-
tional 700 million kWh in 2003.
While utility consumer participation rates are below
ten percent, green power markets continue to show
significant annual growth.
Creating a Favorable State
Framework for Green Power
Markets
States have found that green power markets are
more effective when a number of complementary
programs and policies are put in place. States have
also learned thai it is not sufficient to simply require
that utilities provide a green pricing tariff or to open
retai! markets to competition in the hopes that, this
will attract green power marketers. This section out-
lines the suit? of programs and options that states
can use to create a favorable environment in which
green power markets can grow.
Establishing the Program
While purchasing green power is voluntary, some
state legislatures (or if they have authority, state
utility commissions) have taken an active role in
making green power products available to con-
sumers. The approach depends primarily on whether
retai! competition exists. In vertically integrated mar-
kets, some states have taken 3 first step by requiring
that each utility develop and offer one or more green
pricing tariffs. Participation in these programs
remains voluntary. Some states have also required
utilities to conduct education and outreach to help
with market uptake as part of the utility's green
power program.
figure 5.5,2: States wrth Utility Gresn Pricing
Activities
Figure 8.5.3: States wrth Green Power Marketing
Activity in CampeiifcVs Bectrictty Markets*
*ireer, paww products are available it>
ci svviidi(-rt fllonriclty
to ter.T'i.-iaticn DJ direct
cf gr£
^Represents bundled renewable eiectricity products available to rest-
deiitia! and s---a!l ccmn-yrciyi customers.
For an up«to*date list and ntartstics on green power msrkfrfs, see D0£ (2005).
Chapter^ Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version)
In restructured markets, 3 green power mandate can
require that all distribution companies act as a plat-
form for green power,marketers to more easily
access customers receiving default service. These
"green check-off" programs provide green power
marketers access to electricity customers via utility
bills, which eliminates the need for customers to
switch electricity providers to purchase green power.
For example, customers with low monthly electricity
consumption lack options for obtaining green power
in some locations, in addition) when competing with
the default service, green power marketing compa-
nies can face high customer acquisition costs that •
can make the transaction uneconomical.
In some states, such as Pennsylvania and Texas, the
retail market has been reasonably competitive and
thus green power suppliers have entered the market
to compete for customers with suppliers of tradition-
al electricity. It is primarily in locations where retail
competition has not developed that some states are
requiring the defsuit utilities to offer green power or
provide a check-off program.
The green power product in check-off programs Is
typically provided by a third-party green power mar-
keter. However, by involving the defsuit service
provider in green power marketing, it is possible for •
customers and renewable energy providers to have
easier access to esch other. Customers choosing to
remain with their default service provider can now
choose to purchase green power without having to
take the additional step of choosing a new electricity
supplier. Examples of states with green check-off
programs include statewide coverage in New Jersey
(beginning in October 2005) and select utilities iri
Massachusetts {see State Examples on page 5-67).
States can also consider setting quantitative goals
and objectives for green power markets. For example,
New Jersey set a target of doubling the number of
green power customers by 2008, and Connecticut
established a 0.5% voluntary green power target by
2008. States have also specified other aspects of the
program, such as eligible technologies and resources,
whether or not RECs can be used, and. if and how
cost recovery will be permitted on the part of .utili-
ties or retail electricity providers. As part of the
process, a state can also outline roles and responsi-
bilities of other parties, such as the state energy
office and utility commission, set qualification and
certification requirements for providers, and set
standards for the green power products.
Boies for Stakeholders
Depending on the approach, a number of stakehold-
ers have roles in fostering green power markets:
• State Legislatures. State, legislatures have taken a
role in enacting enabling legislation that would
mandate and/or permit the development of green
power offerings through utilities or distribution
companies.
• Public Utility Commission.-; (PUCs). If they possess
the authority, PUCs can mandate that utilities
offer green power options. They are also responsi-
ble for approving utility green power tariff
requests, and in competitive markets, ensuring
that green power options are consistent with state
rules regarding competition and supplier certificar
tion.
• State Agencies and Independent Administrators of
State SBC Funds. These agencies and administra-
tors may have a role in administering certain
aspects of statewide green power initiatives and
related programs (see Key Supporting Policies and
Programs on page 5-64), ensuring consumer pro-
tection, and substantiating green power marketing
claims.
• Nonprofit Organizations. Certain nonprofit organi-
zations may also play important roles in informa-
tion dissemination, consumer protection, and cer-
tification of green power products. For example,
one source for independent certification of green
power products is the Green-e program developed
by the Center for Resource Solutions (Center for
Section 5.5. Fostering Green Power Markets
-------
EPA Clean Energy-Environment Guide to Action (Prepubiication Version)
Ct««n EMtnEmft wawtt
STATf; 7AR1 K
Resource Solutions 2005). In the Northeast,
SmartPcwer, working in collaboration'with the
Clean Energy States Alliance (CESA), has launched
a major "Got Milk" style media campaign called
"Clean Energy-Let's Make More!"
Key Supporting Policies and Programs
While requirements for utilities can be an important
policy for advancing green power markets, a state
can put in place additional, complementary policies.
Some of the most important ones include:
« Branding, Education, and Outreach. These activities
increase the level of awareness of green power
and lead to higher participation rates. States have
found that action-oriented messages that are
linked directly to the available green power choic-
es are the most effective.
• Labeling and Disclosure. These rules require that
electricity providers include information about the
fuel sources and emissions associated with the
electricity they sell. This gives consumers informa-
tion they can use to compare the impact of differ-
ent electricity choices.
• Green Power Customer Aggregation. Aggregation is
the formation of large customer buying groups
that can collectively shop for green power supply.
It provides scale that can lead to lower prices and
can also create the demand needed to support
entry of green power marketers. Examples include
municipalities joining forces to meet their own
power needs or municipalities acting as aggrega-
tors for their residents and businesses. Some reli-
gious organizations are also acting as aggregators
(Bird and Holt 2002).
• Consumer Protection. It is important that green
power product claims can be verified (e.g., with
respect to the resource mix). This can include the
use of third-party certification or other accepted
standards. For example, in Massachusetts, the
Clean Energy Choice program uses the same eligi-
bility requirements and attribute tracking system
as the state RPS.
Other Supporting Policies and
Programs
!n addition to the major policies listed above, other
policies can also aid in creating robust green power
markets, including:
• State Green Power Purchases. States can lead by
example by committing to a certain amount of
green power to meet their own needs. This
demand can also help establish the market The
Federal government is currently working to meet
green power purchase targets that were set by
Executive Order, and a growing number of state
and municipal governments have set similar
requirements. (For more information, see Section
3.1, Lead by Example.}
• Small Customer Incentives. States can provide
incentives to green power marketers to offset cus-
tomer acquisition costs or to provide rebates to
customers to encourage them to sign up for green
power. Several states have tied incentives to mar-
ket transforming activities as opposed to straight
subsidies. For example, the Massachusetts
Renewable Energy Trust (MRET), working with the
nonprofit group, the Massachusetts Energy
Consumers Alliance (Mass Energy), has created a
REC-based green power product for which the
premiums are tax deductible on federal income tax
returns (RET 2005). The Connecticut Clean Energy
Fund (CCEF)and SrnartPower, through its Clean
Energy Communities Program, is offering munici-
palities free solar photovoltaic (PV) systems if (1)
they commit to 20°/o of their electricity coming
from clean energy resources by 2010, and (2)
enough local businesses and residents sign up for
the CTCieanEnergyOptions program (CCEF 2005).
• Large Customer Benefits. Additional benefits and
incentives could also be offered to larger cus-
tomers to encourage them to make substantial,
long-term commitments to green power purchas-
es. A proven option is to design a green power
offering that can include long-term "hedge" value
for green power customers, such as an exemption
from utility fuel adjustment charges and potential
future environmental control costs, incentives can
Chapters, Energy Supply Actions
-------
EPA Cisan Energy-Environment Guide to Action {Prepublication Version} •-,
PA8TNf.RS*|i>
aiso include providing commercial customers with
recognition that provides them with visibility and
brand value tied to their green power purchase.s.38
Having large customers agree to long-term green
power purchases also has the advantage of allow-
ing green power providers to enter into long-term
contracts with renewable energy project develop-
ers, which in turn helps them secure financing for
their projects. One of the most successful pro-
grams in the United Sta tes-the QreenChoice pro-
gram offered by Austin Energy-provides cus-
tomers with the fixed-price attribute of the utili-
ty's renewable power purchase contracts.
• Net Metering.25 This policy supports the develop-
ment of customer-sited green power These high-
visibility projects can raise overall awareness of
renewable energy and can also generate RECs or
green power for sale through green power pro-
grams. For example, utilities and other green
power providers can buy up (aggregate) the RECs
from such projects and resell them under their
green power offerings. For more information on
net metering, see Section 5.4, interconnection
Standards.
Interaction with Federal Policies and
Programs
While few significant interactions occur between
green power programs and federal policies, some
issues are described below.
Federal Renewable Energy Incentives, such as the
production tax credit (PTC), help reduce the cost of
renewable generation and thus the price premium
that green power customers must pay. Typically,
these incentives are complementary to green power
markets; the sale of renewable energy through a
green power program does not make the project
ineligible for federal incentives, such as the PTC and
accelerated depreciation (Title 26 of the U.S. Code,
Sections 45 and 168).
The U,S. Environmental Protection Agency's (EPA's)
Green Power Partnership is a voluntary partnership
between EPA and organizations that are interested in
buying green power (http://www.epa.gov/greenpow-
er). Through this program, EPA supports organiza-
tions that are buying or planning to buy green
power. As s Green Power Partner, an organization
pledges to replace a portion of its electricity con-
sumption with green power within one year of join-
ing the partnership.
EPA offers credible benchmarks for green power pur-
chases, market information, and opportunities for
recognition and promotion of leading purchasers. The
goal of the Green Power Partnership is to facilitate
the growth of the green power market by lowering
the cost and increasing the value of green power.
A Federal Renewable Energy Goal was established by-
Executive Order 13123 (GSA 1999},'which requires
federal agencies to increase their use of renewable
energy, either-through" purchases or onsite renewable
energy generation. Thus, federal agencies can serve
as key green power customers in states across the
country.
fcbe «8t»mfe!3«58t of it fatiMaq parfsefs. Taday fftere
are !mt& iha B §68 partners with ansus I gree^ piwer.
kWSt Green P0s?sr
&$. &r farce,
San Dlsgot &e Wsrid Bank, Staptes^ BMW, «&d th« -
. For a
Austin Energy's GreenChoice program is an example of a program that oilers both benefits to business customers: replacement of dm -
ment charge with a fixed green powsr charge, nnci rccngrj iiion through online acknowledgement at httpv/www.austinenergy.con!/, print advertise-
ments. £nergyP!us (printed customer newsletter), end billboard
Net metering enables customers to use ;n»ir own generation to offset their electritrty consumption over a billing period by allowing their electric
"etsrs to turn backwards when thev generate electricity in excess of fhoir dsmand. This nifset means that customers receive retai! prices for the
excess e-ectric:ty they generate
Section 5.5, Fostering Green Power Msrkots
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version}
Interaction with State Policies and
Programs
There are important interactions between green
power markets and existing or planned'state policies
and programs, as described below.
RPS have emerged as a widely used state-ievei policy
in support of renewable energy (see Section 5.1,
Renewable Portfolio Standards}, Two key issues arise
when considering support for green power markets in
states with RPS. The first issue is whether renewable
energy used to meet voluntary green power demand
can also be used to meet RPS requirements.
Specifically, if a utility seils renewable energy under
a green power program to consumers, should it also •
be able to count that energy toward its RPS obliga-
tions? In most cases, the rules are written so that
this is not permitted. Many voluntary green power
purchasers have expressed concern that their person-
al investment in renewable energy is not used to
help satisfy a mandate, but instead is contributing
over and above any state requirements for renewable
energy. For example, the New Jersey statewide green
power program described in the State Examples sec-
tion on page 5-67 contains language that specifical-
ly prohibits the sale of RECs used for RPS compliance
in green power programs and vice versa.
Second, an RPS may create competition for limited .
renewable energy resources, making it harder for
companies offering green power to find or develop
renewable energy projects or to be able to source
renewable energy at a reasonable price. The emer-
gence of RECs as.the currency for these RPS-related
premiums,, while beneficial overall to the renewable
energy industry, is also leading to more liquidity,
allowing renewabfe energy generators to sell their
RECs to the highest bidder.
SBCfunds (also called Public Benefits Funds) are
another widely used state ievel renewable energy
policy. States can use some of these funds to support
the development of robust green power markets
through such activities as education and outreach,
supporting the development of power projects that
supply green power, and nove! programs that
encourage the use of green power (in State Examples
section, see cases on Massachusetts, New Jersey, and
Connecticut). For more information see Section 5,2,
Public Benefits Funds for State Clean Energy Supply
Programs.
The Role of Third Parties
Third parties can play a key roie in the success of
green power markets, including developing standards
for green power products, providing independent cer-
tification of the products, and verifying marketer
claims. There may also be a similar role for consumer
advocacy groups. Having an independent organiza-
tion provide program evaluation and monitoring can
also be useful (see Connecticut in the State Examples
section on page 5-67).
Program implementation and
Evaluation
States that have taken an active role in promoting
green power have generally followed a number of
steps in developing and evaluating green power pro-
grams:
• Establish the Baseline. Are consumers currently
purchasing green power products? For example,
even if there are no utility programs or competi-
tive green power marketers, customers may be
buying RECs from one of several national REC
retailers.
» Convene Potentially Interested Stakeholders in a
Collaborative Process to establish goals and other
attributes of the program. This process can also be
used to clearly outline the roles and responsibili-
ties of all stakeholders. For example, Connecticut
and New Jersey recently completed such processes
(see State Examples section on page 5-67).
• Regularly Evaluate the Success of Green Power
Markets, Possible metrics include number of cus-
tomers by customer cisss, kWh soid, MW of new
generation developed.- the cost of the green, power
premium, customer acquisition costs {a measure of
program "efficiency"), participation rate by cus-
tomer class, and the number of marketers and
Chapters. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
products available (a measure of market develop-
ment and robustness).
Design issues to be considered include: .
« What will be the cost premium charged for differ-
ent product types (e.g,, for different amounts of
renewable energy content or different technology
types)?
« Will green power be offered in fixed block sizes or
as a percent of consumption? .
• Does the program make use of bundled renewable
energy or RECs (or both)?
• What length of time will customers be required to
commit to'when making a purchase?
• What are the appropriate geographic boundaries
for eligible RECs and/or green power?
• How will cost recovery be dealt with?
• What type of product certification, if any, will be
required?
• What types of projects, technologies, and
resources wil! be eligible?
State Examples
The examples below were selected to show the diver-
sity of policies and programs that states are using to
create environments favorable to green power.
Uitimateiy. each state will develop a set of policies
and programs that best meets their specific needs.
titSitf&s or paa« mwsf marketers,, states
can play s major rofeki program sfesipafKi irtseitmg
up Iks pesft power market strseto& Some key esa-
gram iBetoiis:
,* Urn horn other s&fes'
masf sjipr&iifM*
r your 5tsfe,
Create rea! v&fwa for grsen fHiwsr o«stosjersr
' .pregf an?s to adcf va fen to the tf parchass
» Create programs wttfe sulffeieat^ Ss»g ^ras
ior
opersts o&tain ft&attmg for miff power prcj&cts.
prografR designs on yeiir state's frtaffestehar-
eustomsr Bssds.
p^rograsn destp simpls ar«d clear, m>l«fe
redactfess}.
New Jersey is an example of s restructured state
using multiple policies to increase the development
and use of renewable energy in the East, it already
has an RPS and SBC fund in place, and has also set
additional renewable energy goals with respect to
in-state installation of renewable energy, technology
cost reduction, job creation, and new manufacturing
capability. !n addition, the New Jersey Clean Energy
Council set a goal to double the number of electric
customers purchasing green electricity and increase
the load served by qualified renewable resources by
50% over and above the Class I RPS.
To support this goal, the state is currently imple-
menting a statewide green check-off program, the
Green Power Choice Program (GPCP), which will
begin October 1, 2005. The program will require util-
ities to offer relai! electricity customers the option of
selecting an energy product with a higher level of
renewable energy than required by the state RPS.
Through this program, green power wiii be made
available to all customers in the state using a sign- •
up option on electric bills-an example of a check-off
program. This green power product must use renew-
able energy not otherwise allocated to meeting RPS
requirements and must have full disclosure of the
power's content.
Section 5.S. Fostering Green Power Markets
-------
EPA Clean Energy-Environment Guide to Action (Prepublicatson Version}
New Jersey is the first state with restructured elec-
tricity markets to institute such a statewide volun-
tary green power program. As such, it. is expected to
result in lower marketing costs on 3 per-customer
and per-kWh basis. However, it is also the first pro-
gram to involve multiple utilities and multiple green
power providers, which may result in additional costs
associated with coordination and planning. If neces-
sary, utilities can apply to recover the costs related
to setting up and managing the GPCR in addition,
New Jersey is playing an important role with regard
to setting up the mechanisms to'certify and verify
the attributes of the green power soid to customers.
Web site:
http://www.bpu.st3ie.rsj.us/cleartEnergy/
6 re en Po we.' Choi ce.sh tm I
Connecticut
Connecticut, like New Jersey, is a restructured state.
However, Connecticut has both competitive and
standard offer providers selling green power prod-
ucts. Connecticut has a Clean Energy Collaboration
made up of key stakeholders including marketers,
nonprofit organizations, utility companies, state
agencies, and others supporting green power market
development. Connecticut is also an example of a
state thst is using its SBC fund to promote voluntary
green power market development.
Connecticut has established two voluntary green
power market targets: (1) 0.5% (-v150 gigawatt-
hours [GWh]} by the end of 2007 through the
Connecticut Clean Energy Fund (CCEF), and (2) 3-4%
{~90Q GWh) by the end of 2010 through the
Connecticut Climate Change Action Plan 2005. To
assess green power market development, the CCEF
has hired'an independent third party to monitor and
evaluate public awareness and voluntary green
power market development in the state.
To support Connecticut's voluntary green power mar-
ket, several marketing and incentive programs have
been initiated, including:
• SmartPower's "Clean Energy-Let's Make More" tel-
evision and radio ads and the 20% by 2010 clean
energy campaign. Connecticut and New Haven are
key campaign participants.
• CCEF 's Clean Energy Communities program pro-
vides free solar PV systems to qualifying munici-
palities who (1) commit to the 20% by 2010 clean
energy campaign, and (2) sign up a specific num-
ber of customers to the CTCIeanEnergyOptions
program. Several towns have already qualified.
• Sterling Planet's Investment for the Greater Good
program offers rewards to nonprofit organizations,
municipalities, and colleges and universities sup-
porting green power by providing a 10% cash
rebate for eligible purchases. In addition, eligible
organizations msy also receive 10% cash back on
any residential enrollment they secure.
Connecticut's collaborative model has shown early
signs of positive results, with approximately 3,000
sign-ups in two months with the new
CTCIeanEnergyOptions program.
Web site:
Massachusetts
Massachusetts, like New Jersey, is a restructured
state. However, unlike New Jersey, the retail
providers in Massachusetts are not required to offer
customers a green power option. Rather, to increase
consumer demand for green power, the
Massachusetts Technology Collaborative (MTC) is
developing creative ways to use SBC funding to pro-
mote green power.
The MTC, s nonprofit group, manages the SBC funds
for renewable energy in Massachusetts and has a
general mandate to increase renewable energy sup-
ply and use in the state. To create consumer demand
for green power, the MTC developed the Clean
Energy Choice program.
Chapter S. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action IPrepubiication Version) , ;
The Clean Energy Choice program bundles together a
number of features to increase consumer confidence.
in both green power and the value of green power to
them. First, the Clean Energy Choice, program identi-
fies credible sources of green power for customers,
thereby reducing their risk and simultaneously
increasing their confidence in the authenticity of the
green power marketer claims. Specifically, the Clean
Energy Choice program requires that green power
providers use the same definition of renewable ener-
gy used in the state's RPS. Second, participants that
purchase green power from one of the providers
(Mass Energy) are abie to deduct the incremental
cost of their green power purchase (i.e,, the premi-
um) from their federal income tax.40 By providing
customers with a tax deduction, the Clean Energy
Choice program effectively reduces the customer's
cost premium for green power by about one-third.
Third, the Clean Energy Choice program matches.
dollar for dollar, customers' green power premiums.
with grant payments to their local municipal govern-
ments for use in developing additional renewable
energy projects. The payment received by a munici-
pality is equal to the amount paid for green power
by its residents, up to a total annual grant program
cap of $1.25 million. Rnaiiy, the Ciean Energy Choice
offers matching grants for clean energy projects
serving low-income residents throughout the state,
subject to a $1.25 million annual program cap. Thus,
up to $2.5 million in SBC funds, roughly 10% of the
annual SBC funds collected, is being used to promote
voluntary green power in Massachusetts.
In the Clean Energy Choice program, consumers have
two basic choices. First, there are already three utili-
ties that provide a green power option directiy to
their customers, with severa! different products
available to them. These utilities include Mass
Electric, Cape Light Compact, and Nantucket Electric.
The incremental monthly cost of green power is
approximately $6-$12. Second, customers through-
out the state {including customers of the above utili-
ties) can purchase RECs from Mass Energy. Under the
Mass Energy program, a 500 kVVh block of RECs
costs $25.
Web site:
htLp://ele3nenergyehoice.org/
Washington
Washington has a vertically integrated market for
electricity. It provides an example of state-mandated
utility green pricing programs created via legislation.
in 2001. the governor signed s bill that required all
electric utilities to offer customers renewable energy
options. The bill stipulates that utilities must regular-
iy promote the option of either fixed or variable rates
for voluntary green power in monthly billing state-
ments.
As a result of this 2001 legislation, today there are
17 utilities in Washington that offer voluntary green
power to their customers. As shown in Table 5.5.1,
green pricing programs vary according to each utili-
ty's unique circumstances.
To provide one example, Puget Sound Energy's (PSE's)
Green Power Program currently has over 14,000
commercial and residential customers. In 2004, these
customers bought more than 46 million kWh of
green power, enough renewable energy to serve
approximately 4,000 homes. Given this program's
success, it was rated one of the top 10 voluntary
green power programs nationwide in 2004 (DOE
2005c). PSE offers green power that is produced in
the Pacific Northwest from wind and solar facilities,
PSE's program allows customers to select the amount
of green power they want Options are available as
low as $4 per month for 200 kWh of green power.
Each additional block of 100 kWh is sold at a price
of $2. For under $10 a month, a household can
"green" approximately 30-50% of their electricity
(based on 1,000 kWh per month usage).
* Mass Energy is a nonprofit organization and the MTC is a state agency. By a private letter ruling from the Internal Revenue Service flSS!, the MTC
was able to classify the premiums paid fur renewable energy purchased as a charitable contribution '
Section 5.5. Fostering Green Power Merkate
-------
Ci»»n
EPA Clean Energy-Environment Quids to Action {Prepublication Version}
Web sites:
http://www.d$ireusa.org/iibrary/inc!udes/
ma'p2.cfm?Ciirrer:tPage'ib«1&St3tc™WA
http://www.eere.enef9y.gov/greenpower/mafkets/
fiatc_pclicr«,shtr«l
New Mexico
New Mexico, Sike Washington, has a vertically inte-
grated electricity market it provides an example of a
state-mandated utility green pricing program created
vis regulatory authority. Sy unanimous approval in
2002, the New Mexico Public Regulation Commission
(PRC) created regulations that require all investor-
owned utilities and electric cooperatives in the state
to offer their customers a voluntary renewable ener-
gy tariff. (Cooperatives only have to provide renew-
able energy to the extent that renewable energy is
available to them from their suppliers.) To raise
Tabls 55,1: Srsen Pricing Programs Offered m WsshiRgtsr* (ss of May 2CK$
Avista Utiii»*
Benttm Count? Public Utifty DSsSrietfPUO)
Chalsn County PUD
CisiismOouttlyPUD
GisrkPuWie Utilities
CawSSte POO
6nmt County PUD
grays Harbor PUD
Lewis County PUD
Mason Coamy PUD No. 3
Ores? Power Slight
Psctfle County PUD
PseifisQrp: Pacific Power
Peninsula light
Pugst Sound Energy
Suatlis CSy Ught
S»oii«»!th Cksyrrty PUD
Tscowa Powsr
^^^^^^^^^^iH^^utfixnur^^^^^^^^^^
M ^
Buck-A-8!ock
Graen Power Program
Sustainable Natural Alternative Power
Green Power Rate
Green Lights
Renewable Resource Energy
Alternative Energy Resources Program
Green Power
Green Power Energy Rate
Mason Evergreen Power
Go Green
Green Power
Bine Sky
Green by Choice
Green Power Plan
Siialte Green Power
Planet Power
EverGreen Options
iiii&Mii
wind
landfill gas,
wind
PV. wind,
micro hydro
landfill gas
PV, wind
wind, PV
wind
wind
wind
wind
wind, small
hydro, PV
wind, hydro
wind
wind, hyrdci
wind, solar
solar, wind,
biogas
wind
smal! hydro,
wind
lls^lsn^I!
iif&i£§§Kii$iii
2002
198S
2001
20G1
20Q2
20G2
2002
2002
2003
20G3
19S7
2QC2
2DOD
2002
2002
2002
2002
20GG
^^^^^^^^^^
033i/kWh
.
Contnbuticn
Contribution
0.7c/kWh
1.5e/kWh
2.0e/kWh
2.02/kWh
3XJe/kWh
2.0e/k\¥h
2.0e/kWh
3.5e/kWh
1.05s/kWh
1.95»'kWh
2.88/kWh
2.0wTtWh
Contribution
2.0e/kWh
Contribution
Chapters.EnergySuppfyActions
-------
EPA Clean Energy-Environment Guide to Action (Prapubiicatfon Version}
awareness and demand for voluntary green power,
utilities are also required to develop educational pro-
grams for customers.qn the benefits and availability
of their voluntary renewable energy programs.
The renewable energy tariffs allow consumers the
option of purchasing more renewable energy than
what is required by the RPS. Tariffs offered by utili-
ties and cooperative in New Mexico range from 1.8
to 3.2 cents/kVVh and combine varying mixes of
wind, soiar, and biomass, depending on the utility. In
addition, some utilities offer green power produced
only within the stste, while others offer green power
produced in New Mexico and in surrounding states.
In 2004, the state legislature passed SB43, which
provides additional guidance to the PRC and explicit-
ly states that voluntary green power sates would
need to be in addition to the state's RPS require-
ments.
Web sites:
http://wvMw.nmprc.statc.nfn.us/utility/pdf/
3619finairuie.pdf
http://les!S.state,nm,us/Sessions/0
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version!
Information Resources
Genera! Information
Srsers Pricing Resource Guide, Second Edition. This guide focuses on utility green
pricing programs, although most of the insights apply or can be adapted to green
powf-r marketing in restructured markets, and to 8 much lesser extent to renewable
energy certificates.
Naftml &>««gi! Series on infomwtkHi Disclosure. The National Council's research
program adiiriisscs disclosure of information to consumers who will choose re sail
electricity providers in restructured states. The Council has published several
reports on this topic in draft format Final published National Council reports will
soon be posted on their Web site.
Pswsrts the Ps»p!« How Local Govsmmsfits Can BuiEd Sn»«n SectHeity Markets.
This paper wili assess the benefits and potential obstacles ta areen aggregation by
local governments, white noting the potential of municipal aggregation in general to
protect and benefit small power consumers.
Tnss?^s m UtiSfty 8f»SR Pricing Programs $00$}. This r(:port prs.s«nts ye«r-(:nd data
on utility green pricing programs, anrf examines trends in consumer response and
program implementation over time.
Uglify Grssri Pricing Programs: Dssign. irRplsmsntstior!, snd Consumer Rsaponse.
The purpose of this report is to provide aggregate industry data on consumer
response to utility programs, which indicate the collective impact of green pricing
en renewable energy developrngnt nationally, and market data that can be ns»d by
utilities as a benchmark for gauging the relative success of their green pricing pro-
grams.
Federal Resources
U,S. PspsrtmBftt $t £n8r$y (OOE) Sressn Pcamf NiJtwwffe, This is the sink to the main
Web si'Su of !he Green Power Nutwork,
EPA Srsen Powsr Piaftnsrship. This is EPA's voluntary program to promote the use
of green power by companies, government agencies, and other institutions.
Information About States
M*m«hus*tts C!«*a &wsy C3fO!«» Program. This Web site describes the volun-
tary green power program being promoted MTC, the administrator (if the siatfi's sys-
tem benefits fund. It includes descriptions of the green power offerings, and incen-
tive programs offered by the MTC.
Chapter 5. Energy Supply Actions
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version) '
Washington Ststs Uttiitiss and Trafisportfitsen Commission fUTC) Oreen Fewer
Program. This reference iinks to the main page of the Washington state green
power program, providing links to the enabling legislation, annual reports or. the
green power programs, snd utility green pricing tariffs.
DOE Srssn Power Nsbwjrfe. This reference links to information about state green
power programs {i.e., states that have taken an active role in fostering green
power) and power disclosure policies.
Batabs*e sS State Inosfitfosa Sor ftefiswsbte Essrgy (DSS8E). This Wob site contains
extensive information on federal, state, and local programs, policies, and incentives
for renewable energy. The database can be searched by program type, including
green power programs.
CESA, Twelve states across the United States have established funds to promote
renewable energy and clean energy technologies. CESA is a nonprofit organization
that provides information and technical services to these funds and works with
them to build and expand clean energy markets in the United Si ate;;.
Examples of State Legislation and Regulations
Nsw J#rssy
State of N»w J»rs0y Boarti of Pu&iie Utilr&'ss, Order of Approval
in ft* !tf*Uer af s Vufentary Green P«w»r Choko Program,
Docket No, E005Q1GG01. This document contains the fina! New
Jersey Board of Public Utilities (NJBPU) approval for the
statewide green power program and also includes the docu-
ment containing the final program description, framework,
rules, and technical standards.
Hsw Mexico isglslstJsts |S.B.«| suppoffing *s RP8 and ¥e3un-
tafy gresn pcwsr programs. This reference links to state legis-
lation (Senate Bill 43, called the "Renewable Energy Act"). It
further clarifies elements of the state RPS and also .specifies
that sales through she voluntary gre«n pricing programs are in
addition to the RPS requirements (set; Section 71.
New Mexico utt% csmmEssfen final ra!e rs^uirinp ttss develop-
m«(tt of vofentafy $ruim pswer cifedngs {sss; $8dibn 10,0).
This reference links to the New Mexico PRC final rule thai
established the New Mexico RPS. In Section 10.0, it also
requires utilities to offer a voluntary green pricing tariff to its
customers.
Option to Purehsss Gusiified Aftereativs Eiiei-gy Rssouree*.
This is the enabling legislation for the Washington State UTC
green power program.
Section 5J, Fostering Green Power Markets
-------
EPA Clean Energy-Environment Guide to Action (Prepubticstiort Version)
References
Bird, LA. and E.A. Holt 2002. Aggregated Purchasing-A Clean Energy Strategy.
Solar Today November/December, pp. 34-37.
Bird, L and B. Swezey. 2004. Green Power Marketing in the United States: A Status
Report Seventh Edition. NREL/TP-620-38823. National Renewable Energy Laboratory
(NRELj, Golden, CO. September.
Bird. L and B. Swezey. 2005. Estimates of New Renewable Energy Capacity Serving
U.S. Green Power Markets (20041. NREL September.
Center for Resource Solutions, 2005. Gre«n-e renewable electricity certification
program Web site (includes links to documents covering green power standards,
verification, as well as certified products).
CCEF. 2005. Clean Energy Communities Web site. Accessed 2005.
Katofsky, R. 2005. Personal communication with Ryan Katofsky, Navrgant Consulting,
July 2Q05.
UfU. :
RET. 2005. Renewable Energy Trust Web site. Tax Deductible Option Why Are Some
Choices Tax Deductible? Accessed July 2005.
tax
DOE. 2005. The Green Power Network Web site (includes links to information on
existing utility green pricing programs, green power marketer programs, and sum-
maries of state policies on green power and disclosure}.'Accessed July 2005.
DOE. 2005a. The Green Power Network Web Site. Information Resources: Green
Power Marketing Activity in Competitive Electricity Markets. July 2005.
DOE, 2005b. The Green Power Network Web Site. Information Resources: Utility
Green Pricing Activities. July 2005.
DOE, 2005c. Green Power Markets Web site. "Green Pricing: Top Ten Utility Green
Power Programs." December 2005.
DOE EiA. 2G04. Electric Power Annual 2003. U.S. OCE Energy Information
Administration, December. •
GSA. 19S9. Executive Order 13123. U.S. General Services Administration (GSA). Last
reviewed June 1,2005.
i §81 §§;t:«:.-)}c«%»3«aSA
Wiser ot af. 2001. V/lser, R.. M. Bolinger, E. Holt,,and B. Swezey. Rjrecasting the
Growth of Green Power Markets in the Urii'.ud States. NRELTP-620-3010i, Golden,
CO. National Renewable Energy Laboratory, October.
«;• smt rt:
Chapters: Energy Supply Actions
-------
11 Clean EnergySavireamast
SSTATE PARTNERSHIP
ttA&Mi
'£$&
Public utility commission (PUC) long-term planning
policies and utility incentive and rate structures play
an important role in determining the attractiveness
of investments in energy efficiency and clean distrib-
uted generation (06). In most states, utility profits
are reduced if they experience reduced energy sales
as a result of aggressive investments in energy effi-
ciency or customer-sited distributed generation.
Most utilities can also lose an opportunity for addi-
tional revenue when investing in demand-side
resources instead of new supply, transmission, and
distribution. Rate structures, including exit fees,
standby rates, and buyback rates, can create unin-
tended barriers to distributed generation.
Appropriately designed rates can promote the devel-
opment of DG resources, such as combined heat and
power (CHP) and renewable energy. State PUCs can
achieve goals for low-cost, reliable energy markets
while also supporting larger state clean energy
efforts by removing existing utility disincentives.
This chapter provides an in-depth discussion of three
policies that states have successfully used to address
disincentives to create effective energy markets. The
information presented about each policy is based on
the experiences and best practices of states that are
implementing the programs, as well as on other
sources, including local, regional, and federal agen-
cies and organizations; research foundations and
nonprofit organizations; universities; and utilities.
Table 6.1 lists examples of states that have imple-
mented these policies. States can refer to this table
for an overview of the policies described in this
chapter and to identify other states they may want
to contact for additional information about their
clean energy policies or programs. The For More
iSiitfs sni; Rs'fjioiiai Energy Planning
;,,, .,.........,.,,.„.,.,..
i Oetsfrr;:rMi: ihe Air Quality 8»n8fii;> of Cinsn
""
| rsiftg.iy ar.t hice.'it-vs-s
! Energy Efficiency Portfolio $!ancSatd$
•Public Benenis f-unda S«f Energy tffidsncv
I Suii&iu- Co(!«s fof Enctgv Sfilsiency
JSists Appliance Elfisienay Standards
s 3.3
Section 3.4
Ssciion 4.1
Section «,?!
Section 4.3
Section 4.4
H»n«ws->;a Portfm'o Ssa
PBFsfor Sistf- Dean Onetgy Siippiy f'-og-srri
dutp:il-B$$e(l S^virciiimsfiUJl Rfiys/lstit-ns i:o
Tiiiacticn Sisndards
Fostering Sraen fewer Markets
Section S.1
. SeciioR 3,?.
S«if:i)«lC3
Section 5,4
Section 5.S
Section 6.1
Seciion S^
Rwnovfug IfelntsiKiad ! Secijon85
Information column lists the Guide to Action section
where each in-depth policy description is located.
In addition to these three policies, states are adopt-
ing a number of other policies that maximize the
benefits of energy efficiency and clean energy
through planning and incentives approaches. These
Chapter 6. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
Utility Snssntsvss for
I Portfolio management strategies include energy resource
i planning approaches that place a broad array of supply
land demand'Options on a level playing field when com-
j paring and evaluating them in terms of their ability to
jmeet projected energy demand and manage uncertainty.
;A number of approaches-including decoupling and per-
iformance incentives-remove disincentives for utilities
|to consider energy efficiency and clean distributed gen-
ie ration equally with traditional electricity generation
i investments when making electricity market resource
i planning decisions. .
Utility Rafe Barriers ts
i Electric and natural gas rates, set by Public Utility
i Commissions, can be designed to support clean DG proj-
i ects and avoid unintended barriers, while also providing
i appropriate cost recovery for utility services on which
i consumers depend.
CA,MT,OR,IA,IL,CT,PA,
NV,VT, Idaho Power,
Northwest Power and
Conservation Council,
PacifiCorp, Puget Sound
Energy
AZ, CA, CT, ID, MA, MD,
ME,MN,NY,NM,NV,OR,
WA,
£x/ffees:IL,MA, CA
Standby Rates: Ck, NY
Gas Rates: NY
Section 6.1
Section 6.2
Section 6.3
additional policies are addressed in other sections of
the Guide to Action, as described as follows.
• State and Regional Planning activities identify
opportunities to incorporate clean energy as a way
to meet future load growth {see Section 3.2).
• Funding and Incentives describes additional ways
states provide funding for clean energy supply
through grants, loans, tax incentives, and other
funding mechanisms (see Section 3.4).
• Public Benefits Funds are a pool of resources used
by states to invest in energy efficiency and clean
energy supply projects and are typically created by
levying a fee on customers' electricity bills (see '
Section 4;2 for PBFs for Energy Efficiency and
Section 5.2 for PBFs for State Clean Energy Supply
Programs).
Chapters. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Portfolio Management
Policy Description and Objective
Summary
Some state public utility commissions (PUCs) require
utilities to conduct portfolio management as a way
to provide least-cost and stable electric service to
customers over the long term. Portfolio management
addresses other electric generation and transmission
concerns, including reliability, safety, and environ-
mental issues.
Portfolio management refers to the utility's energy
resource planning and procurement strategies. These
strategies, required by the state, cover both the gen-
eration of electricity and its transmission to cus-
tomers. A successful portfolio management approach
typically includes forecasting customer demand for
electricity and resource supply, identifying and
assessing a range of resource "portfolio" scenarios,
and developing a plan for acquiring the preferred mix
of resources.
An ideal portfolio is diversified; it provides many
options to allow the utility to adapt to shifting mar-
ket conditions, including:
• A variety of fuel sources such as coal, natural gas,
nuclear power, and clean energy sources. Some
states actively promote and sometimes require the
use of clean energy sources for some of the elec-
tricity supplied to their customers.
• A variety of technologies for the generation and
delivery of electricity.
• Programs that encourage customers to adopt
energy efficiency measures.
• Financial incentive programs to encourage cus-
tomers to reduce their consumption during peak
demand periods.
Portfolio management involves deliberately choosing
among a variety of electricity products and con-
Portfolio management refers to energy
resource planning that incorporates a variety
of energy resources, including supply-side
(e.g., traditional and renewable energy
sources) and demand-side (e.g., energy effi-
ciency) options. The term "portfolio manage-
ment" has emerged in recent years to
describe resource planning and procurement
in states that have restructured their electric
industry. However, the approach can also.
include the more traditional integrated
resource planning (IRP) approaches applied
to regulated, vertically integrated utilities.
tracts. The approach emphasizes diversity—diversity
of fuels, diversity of technologies, and diversity of
power supply contract durations. In its fullest form,
energy efficiency and renewable generation are key
strategy components.
States are requiring utilities to use portfolio manage-
ment strategies to achieve a mix of resources that
efficiently and reliably meet consumers' near and
long-term service needs in a manner that is consis-
tent with environmental policy objectives. The most
comprehensive portfolio management strategies con-
sider demand and supply-side resources and include
clean energy as an important component of a diver-
sified resource portfolio. Several states also consider
rate structure issues and performance-based regula-
tion to place energy efficiency and clean distributed
generation (DG) on a level playing field with supply
options (see Section 6.2, Utility Incentives for
Demand-Side Resources).
Portfolio management strategies are used both in
states where a regulated utility has an obligation to
provide full service to customers and in "retail choice"
states where the regulated entity's service might be
restricted to distribution and default service.
Section 6.1. Portfolio Management Strategies
-------
EPA Clean Energy-Environment Guide to Action (Prapublication Version}
Portfolio management offers benefits through risk
management and improved efficiency. Diversification
is a key risk management strategy and can take the
form of supply contract terms and conditions as well
as supply"from varied fuels, technologies, and a mix
of generation resources. Additionally, diversification
can result in a mix of transmission, demand-side
resources, energy efficiency, and demand response.
With diversification, each resource represents a rela-
tively smaller proportion of the total electricity .
required to serve customers. This reduces price risks
associated with a specific resource type, decreasing
the possibility that customers will be exposed to a
sudden increase in their electric rates.
Even though many portfolio management strategies
are rooted in managing price risks for customers,
environmental benefits flow naturally from portfolio
management, particularly those strategies that
ensure equal consideration of renewable generation
and energy efficiency. For example, portfolio man-
agement delivers clean air benefits by shifting the
focus of procurement from short-term, market-driv-
en, fossil fuel-based prices to long-term, customer
costs and customer bills by ensuring the considera-
tion of energy efficiency and renewable generation
resources. Portfolio management can also address
additional benefits, including increased system relia-
bility and reduced security risks.
Background
In the late 1980s and early 1990s, IRP was common
in the electric industry. With vertically integrated
electric utilities responsible for generation, transmis-
sion, and distribution services for their customers,
IRP was a useful tool for developing the most effi-
cient resource portfolio. In 1992, 36 states had IRP
requirements in place. After restructuring, the preva-
lence of ratepayer-funded energy efficiency pro-
grams declined significantly as the focus of resource
planning shifted to short-term commitments. States
either rescinded their IRP regulations or ceased
requiring utilities to comply with them, in anticipa-
tion that customer choice would result in an optimal
resource mix.
When customer choice did not deliver these benefits,
some states and utilities began returning to IRP and
portfolio management as a tool to ensure a variety
of public policy goals, including clean, low-cost, reli-
able power. Having learned from previous experience,
IRP policies today are more effective and vary greatly
by state.
Some states are continuing to apply IRP regulations.
Other states are requiring that a distribution compa-
ny or other entity be responsible for acquiring a
long-term, diverse resource portfolio to serve cus-
tomers. In states served by regulated, vertically inte-
grated utilities, portfolio management strategies are
implemented through individual utilities' IRPs.
Some retail choice states, served by regulated distri-
bution companies and competitive suppliers, are
using portfolio management to stabilize and lower
prices for default service consumers. To date, the pri-
mary focus of portfolio management in states with
retail choice has been the management of costs and
risks of supply contracts. Interested states that want
to take a more expansive view of portfolio manage-
ment are beginning to explore ways to incorporate
clean energy into portfolio management.
States that Have Adopted Portfolio "
Integrated Resource Planning
Several states currently have instituted IRP require-
ments, including California, Colorado, Hawaii, Idaho,
Indiana, Minnesota, Oregon, and Washington. Many
electric companies have developed detailed IRPs to
guide their resource management and procurement
practices in response to various state regulations.
They include Avista Corporation, Idaho Power
Corporation, PacifiCorp, Portland General Electric
(PGE), Georgia Power Company, Duke Power, Public
Service of Colorado (Xcel), and Puget Sound Energy
(PSE).
As.vertically integrated facilities, these utilities own
their generating assets. They use their IRPs to weigh
the benefits of building their own generation .plants
against procuring energy from other entities. The
Chapter 6; Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Clnn Butj»BK)rtHi(R«a
plans also evaluate how best to balance peak versus
off-peak electric load requirements. In addition, they
compare various supply and demand-side options
and contract and financial hedging options.
Companies achieve these goals simultaneously by
analyzing different scenarios. The IRPs detail.fuel and
electricity price information, customer demand fore-
casts, existing plant performance, other plant addi-
tions in the region, and legislative decisions. •
Retail Choice Portfolio Management
As states have restructured the electric industry, they
have struggled with the appropriate pace of transi-
tion from regulated fun-service supply from integrat-
ed utilities to full retail choice in a competitive mar-
ket. Originally, many states hoped that the majority
of-customers would select a competitive supplier.
Many states also included provisions for default •
service, which would be procured through the regu-
lated distribution company to supply customers who
could not, or would not, find a supplier in the com-.
petitive market. These services were expected to pro-
vide a declining proportion of retail service.
Because the transition to competitive retail markets
has been slower than anticipated, default services
have taken on greater prominence as the main sup-
ply option for most customers with few competitive
options. In fact, in restructured states, the majority
of residential and small commercial customers con-
tinue to take electricity through their default service
provider, despite the option to choose their supplier.
This trend is expected to continue into the future,
making the provision of default service an important
element in meeting customers' service needs.
Consequently, to ensure least-cost and reliable sup-
ply for customers, several states have mandated
portfolio management approaches for the provision
of these noncompetitive services, as-described in
Table 6.1.1.
\
Some restructured states have adopted a particular
aspect of portfolio management: laddering (or "dollar
cost averaging") of generation contracts for default
service procurement. This approach can offer greater
price stability, supplier diversity, and flexibility to
8,11; Statss that Oss Sivsrss Centrist Tanns
i Contracts procured in overlapping pattern
I of fixed periods. The contracts must be for
jterms of not less than 6 months, unless
i shorter terms are justified.
I Utilities must attempt to obtain 1-, 2-, and
! 3-year contracts with 50% of load served
i through 1-year contracts. ••
Nsw jur*«y i Single annual auction date. Each year, 1/3
I of the load is procured under fix-priced, 3-
Iyear contracts.
i Recommends that utilities' contract mix
! include contracts of at least 3 years for no
I less than 40% of the total load.
j Illinois has proposed a mix of 1-, 3-, and 5-
';year contracts for its default service elec-
tric procurement
[Delaware has proposed an approach simi-
I lar to that used in New Jersey: a 3-year
iladder of contracts.
adapt to changing loads than a one-time procure-
ment for the entire default service load.
The objective of using such a laddered contract
approach is that in each year only a fraction of the
electric load is exposed to market price uncertainty.
Figure 6.1.1 illustrates a basic 5-year ladder. Utilities
can also manage exposure to market price risk by
executing a mix of contracts over short, mid- and •
long-term contracts.
Additional tools beyond basic laddering might yield.
greater price and stability benefits for customers. For
example, one enhancement that would promote
clean energy would be a dedicated, renewable energy
tranche. In other words, a portion of the load can be
dedicated specifically to long-term renewable con-
tracts. This would provide not only technology diver-
sification, but also contract length diversification
and more stable prices over the long run.
In an approach that implements a "tranche" concept,
the Illinois Commerce Commission has adopted vol-
untary renewable and energy efficiency portfolio. ,
standards developed as part of a state-wide sustain-
Section 6.1. Portfolio Management Strategies
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Clam Enirgyt:i:»l:sa:i!»irt
Rgurs 8.1.1: A laddered Approach to Default
Service Contracts Offers Rsxibifdy srsd Pries
::•: :•: '.•: :•'. :•:« :•'. :•: :•: VS :•: '••• :•• Original Contracts
able energy plan. The voluntary standards apply to
public utilities and alternative electricity providers.
The renewable portfolio standard (RPS) calls for 2%
of the bundled retail load to be obtained from
renewable energy resources in 2007, 3% in 2008, 4%
in 2009, 50/o in 2010, 6% in 2011. 7<>/o in 2012, and
8°/o in 2013. The energy efficiency portfolio standard
calls for a reduction in load growth of 10°/o in 2007-
2008, 15% in 2009-2011, 20% in 2012-2014, and
25
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
lated entity must then develop a plan for implement-
ing the policy. This section describes the portfolio
management process, including the planning process.
participants, funding, timing and duration, and inter-
action with state practices.
Planning Process
Portfolio management typically involves a multi-step
process of forecasting, resource identification, sce-
nario analysis, and resource procurement, as
described below.
Forecasting
A utility's first step in portfolio management is to
forecast customer demand and resource supply over
the planning horizon. Utilities include expected ener-
gy efficiency improvements outside of the utility's
energy efficiency resources in their load forecasts. By
forecasting demand and supply, a utility identifies
the timing and magnitude of future resource needs.
Identifying Potential Resources
Next, the utility assesses the wide variety of supply
and demand resources available to meet their identi-
fied need. Supply-side resources include traditional
sources such as power plants, purchasing from the
wholesale spot market, purchasing short-term and
long-term forward contracts, and purchasing deriva-
tives to hedge against risk. Supply resources also
include clean energy, such as renewable power.
Demand-side resources can include energy efficiency
programs and demand response. Utilities also assess
expanding transmission and distribution facilities,
and sometimes consider DG options.
Many states that require IRP establish criteria for •
evaluating resource options and a process for select-
ing resources. The criteria can include environmental,
economic, reliability, security, and social factors and
direct project costs. These factors create an evalua-
tion framework that values the attributes of clean
energy as part of the least-cost resource solution.
Recognizing Environmental Costs
Some states, such as California, require consideration
of environmental factors as part of their planning
process. California requires utilities to consider the
cost of future carbon reduction regulations in their
long-term planning by requiring a "cost adder" for
supplies from fossil fuel plants. This means that for
resource comparison purposes, utilities increase the
cost of fossil fuel-based supplies to reflect the finan-
cial risk associated with the potential for future
environmental regulation. This makes fossil fuel
plants'less attractive as compared to clean energy.
Vermont law requires that utilities prepare a plan for
providing energy services at the lowest present value
life-cycle costs, including environmental and eco-
nomic costs.
Similarly, several utilities, including PacifiCorp, Idaho
Power, PGE, Avista, and Xcel, incorporate an estimate
of potential carbon emissions fees into their planning
processes. For example, Montana requires utilities to
consider environmental factors in portfolio manage-
ment, but it does not require consideration of "envi-
ronmental externalities." These "externalities," added
to the cost of resources, can be used to incorporate
estimates of sensitivity to risk associated with the
environmental effects of plant emissions (e.g., acid
rain, climate change, and other issues).
Creating the Preferred Resource Mix
After establishing evaluation criteria, states and util-
ities determine the mix of resources that will best
meet the regulators' and companies' objectives. In
this step, the state PUC directs regulated utilities to
identify a mix of possible resources that meets fore-
casted requirements and addresses as many planning
criteria as possible. For example, regulators and utili-
ties might seek the lowest cost, most reliable options
that minimize risk and reflect social, cultural, and
environmental goals. During this step, utilities ana-
lyze the various scenarios and risks associated with
different resource "portfolios."
California requires utilities to prioritize their resource
acquisitions by incorporating a prioritized resources
list established in the state's Energy Action Plan
(EAP). Under this plan, also called the "Loading
Order," top priority is given to energy efficiency and
Section 6.1. Portfolio Management Strategies
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE MHTHER8HIP
demand response, followed by renewable energy,
then clean fossil-fueled DG, and finally, clean fossil-
fueled central generation. Other states include
explicit requirements for clean energy in their port-
folio management policies. For example, Iowa and
Minnesota require utilities to develop.cohservation or
energy efficiency plans for their customers. Montana
mandates that utilities providing default service must
consider demand- and supply-side resources when
developing their portfolio.
Many states require utilities to conduct a competi-
tive solicitation or other process to ensure that they
evaluate options for meeting resource needs using
predefined criteria in a fair manner. Oregon,
California, and Montana are examples of states that
have these types of competitive solicitation require-
ments.
States include a broad range of stakeholders as they
develop policies and consider alternative scenarios.
These stakeholders include state agencies, utilities,
supply-side and demand-side resource providers, and
customer representatives. For example, California,
Connecticut, Oregon, Pennsylvania, Vermont, and
Washington work with all interested parties to devel-
op regulations on IRP or portfolio management for
default service providers. Montana requires utilities
that use portfolio management for default service to
conduct a broad-based advisory committee review;
make recommendations on technical, economic, and
policy issues; and provide opportunities for public
input.
After a plan has been implemented, parties recon-
vene regularly (sometimes annually or more fre-
quently) to see if their strategy should be adjusted
for greater effectiveness in achieving policy and
stakeholder objectives. For example, PacifiCorp, a
utility that operates in five Western states, invites
stakeholders to regularly take part in evaluating and
implementing its IRP. The cornerstone of the public
input is full-day public meetings, held approximately
every six weeks throughout the year-long plan devel-
opment period. Because of PacifiCorp's large service
territory, these meetings are held in two locations
and employ telephone and video conferencing tech-
nology. PacifiCorp has found that this approach
encourages wide participation while minimizing par-
ticipants' travel burdens and scheduling conflicts.
Other companies, such as Idaho Power and Puget
Sound Energy (PSE), similarly involve stakeholders
and the public in the development of resource plans.
A wwite vartety of stafofcettert tan to included fa the
development Of a portfolio mansgem&ntstrategy* as
Vertically integrated utilities or distribution service
providers bear the costs of resource planning and
procurement, then pass the costs on to retail cus-
tomers.
As discussed in Section 6.2, Utility Incentives for
Demand-Side Resources, different regulatory policies
create positive or negative incentives for regulated
entities to pursue clean energy. Regulators can
Chapter 6. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Clim E
STATE PARTNERSHIP
establish policies that provide utilities with the
appropriate financial incentives to prepare and
implement proper resource portfolios. These include
incentives to:
• Design and implement cost-effective efficiency
programs.
• Develop cost-effective DG options.
• Identify and implement the optimal mix of power
plants and purchase contracts.
• Implement risk management techniques.
• Implement, update, and modify the resource plan
overtime to respond to changing market and
industry conditions..
In some instances, cost recovery is not guaranteed,
thereby creating an incentive for efficient and effec-
tive portfolio design and implementation. For exam-
ple, in Iowa, the Iowa Utilities Board (IUB) can deny
cost recovery when it is not satisfied with a utility's
programs and budget.
Timing and Duration
Portfolio management approaches, both 1RP and
portfolio management for default service, usually
incorporate regular planning and solicitation
cycles-often ranging from 1 to 5 years. Many portfo-
lio approaches include a long-range component (10-
20 years) and a more short-term action plan (1-5
years). Utilities can improve their portfolio manage-
ment strategies by scheduling regular reviews and
updates (perhaps annually) to accommodate new
opportunities and energy use scenarios.
Interaction with State Policies
A variety of state programs and policies can be fur-
ther leveraged by portfolio management strategies
and can provide support to a state's portfolio man-
agement planning.
Renewable Portfolio Standard Policies
In the course of electric industry restructuring, many
states adopted RPS, which require a given percent-
age of power from renewable power plants (see
Section 5.1, Renewable Portfolio Standards}. Some
states, such as Connecticut and Massachusetts, have
determined that default service supply must comply
with RRS requirements just as competitive suppliers
must comply. Recent legislation in Nevada allows a
company to meet a portion of its RPS with energy
efficiency programs.
RPS compliance can be a parallel process, not a con-
straint, to portfolio management, especially if RPS
allows for renewable energy credits (RECs) to be used
for procurement of electricity.,
Energy Efficiency Programs
State agencies and legislatures can consider how
energy efficiency programs will enhance the diversity
and resilience of an energy resource portfolio. For
vertically integrated utilities, energy efficiency has
been a cornerstone of IRP for some time. However,
default service suppliers are just now beginning to
incorporate energy efficiency into their offerings.
With restructuring, energy efficiency programs offer
opportunities for lowering system-wide electricity
costs and reducing customers' electricity bills. Energy
efficiency also offers utilities the opportunity to
reduce risk, improve reliability, mitigate peak
demands, minimize environmental impacts, and pro-
mote economic development
Even though utilities scaled back their energy effi-
ciency programs during the 1990s, the primary
rationale for implementing these programs-to reduce
electricity costs and lower customer bills-is just as
relevant in today's electricity industry. Consequently,
energy efficiency can be a useful component in port-
folio management, because it can (1) lower electrici-
ty costs and customers' bills, and (2) reduce the
amount of generation needed from the market.
Some states have established a Public Benefits Fund
(PBF) to ensure that utilities acquire energy efficien-
cy (see Section 4.2, Public Benefits Funds for Energy
Sections.!. Portfolio Management Strategies
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version)
STATE PARTNERSHIP
Efficiency). In this case, all distribution companies
collect a fixed.charge from their customers to pro-
vide funding for energy efficiency activities. While
PBFs help address some of the concerns that restruc-
turing would reduce energy efficiency funding, they
do not capture the full potential of cost-effective
energy efficiency.
Consequently, some states ask utilities to use portfo-
lio management to identify and implement additional
energy efficiency. PSE in Washington includes energy
efficiency based on a comprehensive assessment of
technical potential. In its 2003 Integrated Resource
Plan, the company identified resource needs that
could be met with energy efficiency and followed up
with an energy efficiency solicitation. During 2004,
the company's electricity efficiency programs avoided
about 20 megawatts (MW) of capacity need. For its
2005 Integrated Resource Plan, the company has
taken a more targeted approach to energy efficiency.
where competitive solicitation will focus on obtain-
ing services for specific customer segments, end-
uses, or technologies rather than an open-ended
solicitation.
In Minnesota, legislative mandates in 1982 and 1991
require utilities to develop conservation improvement
programs (CIPs). Utilities include the CIP's energy
saving goals in the IRPs, which are filed every two
years with the PUC. Often, the utilities are required
to complete an energy efficiency market potential
study. In reviewing a company's IRP, the PUC sets
15-year demand-side management (DSM) goals for
energy and capacity.
Energy Planning
Many states have undertaken comprehensive energy
planning processes for the entire state (see Section '
3.1, Sfofe and Regional Energy Planning). Portfolio
management strategies are included in some states'
energy planning processes and sometimes serve as a
mechanism for implementing policy goals identified
in the states' energy planning processes. For exam-
ple, the forecasts developed by utilities in the course
of the IRP process have been used to develop an
electricity supply-and-demand forecast for the state
as a whole. Once a state has established energy poli-
cy goals, such as the development of clean energy
options, that policy goal can shape the implementa-
tion of portfolio management strategies. For exam-
ple, states such as California that place a priority on
certain clean resources require utilities to submit
IRPs that are consistent with the overall state policy
objectives.
The best practices identified befowwi if help states
develop attentive portfolio management policies. :,";:
These best practices are based on She experiences of
'''
Identify state portcy.goaisfof portfolio management,
; inc lud ing reasonable fvowef cost, stable supply,
minimal a nvtranmentatifnpacts,r6soar£e diversity, "
customer supply m immature jnarfeets, and risk mini-'
irtttattert for customers ami the utfi'fty, •- '
'
re$0tfre$$-optfGftg Include vertically integrated
ties, distribution utilities, and defauft service
providers. •• ',,,,,
Include a diverse representation of stakeholders in
the devefopiweftt oi tfce policy and process,
Esta bitsh ret] u irements ior forecasting and deter*
mining resource needs,
Determine the appropriate process for acquiring
resources a ad comparing alternative resource
$. insure that the soatetrf the process 3*0
r, the process is traasparent, the selection erte-
ria are enunciated {incltiding non-price factors|rtlie
supply a^id demand resources are considered, and -
ttere »re m^hanism* lor fair procuremeftt
* Esta blish c tea r rc-Jes far utility dad regulatory
authorities (i.e., FUCs} in selecting evaltiation crite-
ria, reviewing proposals, and choosing iinal '-
resources. Some states require an in
mfttttwt tftertsyre a hvr ajidtftt$
* Consider finding a bsiance Between the need: for
transparency and participation and the need ior a
manageable process, ->:; :; ._ "
« Require thatalt demand aad supply resources be %
"
Chapters. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
dun £n«syB!i)«iiii»i:t
»T»TE PARTNtRiHIP
Program Implementation
and Evaluation
Portfolio management strategies have been effective
when utilities, regulators, and other stakeholders are
involved in the implementation process.
Regulators sometimes require utilities to submit port-
folio management plans and progress reports at regu-
lar intervals. These plans and reports describe in detail
the assumptions used, the opportunities assessed, and
the decisions made when developing resource portfo-
lios. Regulators then carefully review these plans and
either approve them or reject them and recommend
changes needed for approval. California requires utili-
ties to submit biennial IRPs and quarterly reports on
their plans. Similarly, the IUB requires companies to
submit annual reports on their energy efficiency and
load management programs.
The Northwest Power and Conservation Council 2005
plan calls for monitoring key indicators that could .
affect the plan, such'as loads and resources, conser-
vation development, cost and availability of wind
generation, and climate change science. The results
ofthis monitoring would inform IRPs developed by
the utilities in the Northwest Power and
Conservation Council region.
Boies and Responsibilities of
Implementing Organisations
The regulated entity (e.g., the utility or the default
service provider) is responsible for implementing the
portfolio management policy. This facility conducts
the planning process and the resource solicitation
process. It is also responsible for presenting the
results of the portfolio management process in a pol-
icy forum as required by the state, usually a public
proceeding before the state regulatory agency. The
regulated entity is also responsible for contractual
arrangements associated with any resources pro-
cured from a third party. While the regulated entity
implements the policy, the state regulatory agency
usually plays an oversight role, reviewing planning
results and any procurement process.
State utility commissioners oversee utilities' and
default service providers' procurement practices in
their states. Typically, the commissions solicit com-
ments and input as they develop portfolio manage-
ment practices from a wide variety of stakeholders,
including generation owners, default service
providers, competitive suppliers, consumer advocates,
i$sH*fa$i8§k linpfem^Mmg
The best practices identified b&Sow wil! help utilities
implement portfolio management requirements. These
bast pjacttees 9(9 bs&ed ofi the experiences of States
that uss portfolio management,
» Establish a process bat; allows all interested parties
t& provide tftptit and Hi
» Prepwe a atear,
ftes available electricity or gas resources and
resources thatwif! be needed In the future,
*- Identify a Si the fesearces available, both demand ;
atid supply, to help the utility a*eetft$ resource
need*. , , ^ '-,--- ''',''''',,, ,*
* I nearpwate risk analyses into flte pian to evaluate -
:' how different resource options address risks su eh *
as future snw&ftRHJtrtalcQst&'and other issttes,'" v v
rting, including the s&e*tal casts af the environmerv-
tal effects ef power plants and the costs of comply-
ing with anticipated regulatory changes.
* Perform computer simulations of what happens
wbfen utilities totesrate new fesoufte ajtematives
with existing generation and transmission assets, ;
Include existing demand-sWe resources.
* Determineanactfonplanfor near-term needs. -
Wsnlify whsn the utittty may need ts procure -
resotifces to n^eet Its needs. ";;
» For any competitive solicitation establish clear - '
rectuirements and a format for submitting proposals;
these may differ for supply and demand resources,
evaluate pe&ntfol resources 3CC0f€ast« ^redeter-
igtned criteria. f ,
* Be prepared to consider technolcgy-specffic needs ,
in die evafuation fifleda; one size fe ali may not1 ;
n&Gessar'tiy be the appropriate approach,
» Jdeflt!^ diftteulties with the pf8css$ that require ^,
adjustments in the flext fore cast sad solicitation
process.
Section 6.1. Portfolio Management Strategies
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
»T*TE PARTNERSHIP
renewable developers, environmental advocates, and
energy efficiency advocates. The utility regulator may
also play a role in reviewing and approving utilities'
planning procedures, selection criteria, and/or their
competition solicitation processes. PUCs in different
states take different roles in the IRP process. For
example, the California Public Utilities Commission
(CPUC) has initiated a series of proceedings to design
the IRP policy and to review and approve specific
utility plans.
Evaluation
Portfolio management strategies can be evaluated at
a number of levels. Policymakers, utilities, and
stakeholders can evaluate the state policy on port-
folio management or the utility-specific implemen-
tation of, and results from, the portfolio manage-
ment strategy.
The state's policy on portfolio management can be
reviewed in a regulatory proceeding to determine
whether the overall policy is achieving stated public
policy goals. This is usually spurred by the legislature
or PUC.
Once a company has developed a resource plan,
some states require a formal evaluation and
approval. In other states, an IRP is filed and accept-
ed without evidentiary review, and is only reviewed
for form and completeness. In either case, the
expectation is that subsequent utility resource acqui-
sition and investment will conform with the plan '
unless there is sufficient justification for modifica-
tion.
"Some companies review the success of the plan and
make adjustments according to evolving circum-
stances. For example, PacifiCorp uses an iterative
process for updating its plan and ensuring that the
plan is consistent with the company's business goals.
In this case, the company's energy portfolios are
analyzed based on how well they address PacifiCorp's
energy supply and demand needs. In addition, the
company looks at whether and how much the
resources incur risk to utilities, default service
providers, generators, and customers.
Utilities use a variety of techniques to quantify the
uncertainties associated with a given portfolio and
to evaluate the resilience and performance of a par-
ticular portfolio under different scenarios and future
circumstances.
Evaluating Energy Efficiency Programs
While companies and regulators use a variety of
tests to evaluate the cost-effectiveness of energy
efficiency programs, many use the Total Resource
Cost (TRC) Test as their main method for assessing
their energy efficiency program offerings. The TRC
Test incorporates the following benefits and costs:
• Benefits include avoided supply costs; a reduction
in transmission, distribution, generation, and
capacity costs; and a reduction in utility bills.
• Costs include program administration costs, the
incremental costs to acquire and install an effi-
ciency measure regardless of who pays for it, and
the increase in supply costs for the periods in
which load is increased.
The results of the TRC Test and other cost-effective-
ness tests are typically expressed as a ratio of bene-
fits to cost with more favorable programs achieving
a benefit-cost ratio greater than or equal to one.41
Individual measures can then be further screened
based on the extent to which benefits exceed costs
and other portfolio considerations such as those
mentioned above.
Program' administrators and their PUCs may require
one or more tests to be used for screening the cost-
effectiveness of individual measures and programs
and whole portfolios. For example, California recently
proposed adding the Program Administrator Test as a
«' While utilities and public utility commissions most often express program performance in terms of benefit-cost ratios, it is also helpful to express
program casts and benefits in terms of $/kilowatt-hour (kWh), Consumers and legislators can easily relate this metric to the cost of energy in their
own area, while utilities and regulators can compare this value to the cost of other resources such as new generation. When expressed this way,
the annual levelized TRC (S/kWh) captures the net program and customer costs divided by the projected lifetime savings of the measure or pro-
gram. Demand-side resource costs can also be calculated in I/kilowatt IkW) to illustrate the value during periods of peak demand.
Chapter 6. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
secondary screening measure to ensure that utilities
do not provide excessive financial incentives to pro-
gram participants (i.e., incentives in excess of incre-
mental measure costs). Some of the most common
tests include:
• The Participant Test, which takes into account
benefits and costs from a participant's perspective.
• The Rate Impact Measure, which takes into
account what happens to a customer's bills or •
rates because of changes in revenues and operat-
ing costs caused by a program.
• The Program Administrator Test, which takes into
account the benefits and costs from the program
administrator's perspective.
• The TRC Test, which takes into account the com-
bined benefits and costs from both the utility's
and program participants' perspectives.
• The Societal Test, which is similar to the TRC Test,
but includes the effects of other societal benefits
and costs such as environmental impacts, water
savings, and national security.
More information on the typical costs and benefits
included in these tests can be found in Information
Resources on page 6-21. States that choose to apply
only one test are moving away from using the
Participant Test or Rate Impact Measure because of
their limitations as threshold tests for investment or
effect on customer bills. The state of-Iowa calls.for
using several tests in evaluating the cost-effective-
ness of utilities' energy efficiency plans. In addition,.
the IUB conducts periodic regulatory proceedings to
review utilities' proposed energy efficiency plans and
how they are implemented.
In addition, one important consideration when evalu-
ating energy efficiency and other demand-side
resources in comparison with supply-side resources is
recognizing the effect of a particular program or
investment on the utility's demand curve. An energy
efficiency program or other demand-side measure
that reduces demand during peak pricing times will
provide greater financial benefits than one that
The {jest p racti ces identified below wUS help utilities
evaluate portfolio management strategies. These best
practices are based on tfie experiences ol states that
use portfolio management '',,,, '--
* p«svire»
.. mertt process,^rcepiion* off$jmes%lnrf whether
the utifity was sticcessiunnnieetirtg its goats.
* Evaluate trie
ciency resources procured as
flV U«e a vartety al tsste; incl«tl-
reduces demand in low-cost periods. Thus, a simple
average of costs and savings across many hours may
underestimate the value of a demand-side invest-
ment. . •
State and Regional Examples
Oregon
Investor-owned gas and electric utilities file individ-
ual least-cost plans or IRPs with the PUC every two
years. The plans, required since 1989, cover a 20-
year period. The primary goal is to acquire resources
at the least cost to the utility and ratepayers in a
manner consistent with the public interest. These
plans are expected to provide a reasonable balance
between least cost and risk. By filing these plans, the
utilities hope that in future proceedings the PUC will
not reject, and prevent utilities from recouping, some
>• Section 6.1. Portfolio Management Strategies
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
St»TE MftTNf RSHIP
of the costs associated with resource acquisition.
One of the factors that Oregon utilities must consid-
er is the uncertainty associated with certain choices.
They consider risk factors such as price volatility,
weather, and the costs of current and potential fed-
eral regulations, including regulations that address .
carbon dioxide (C02) emission standards. Recently,
the utilities have considered non-quantifiable issues
that affect planning. These issues-include potential
changes in market structure, the establishment of
RPS, changes irt transmission operation and control,
and the effect of PacifiCorp's multi-state process on
regulation and cost-recovery. Environmental exter-
nalities (i.e., the environmental costs associated. with
different choices) are considered if they are quantifi-
able as actual or potential costs.
The state imposes different energy efficiency require-
ments for different utilities. Idaho Power is required
to include energy efficiency. PacifiCorp and PGE are
no longer required to evaluate energy efficiency as a
resource in Oregon, but must include its impact on
load forecasts.
In its 2004 IRP, PGE states that its recommended
resource strategies include strong commitments to
upgrading existing PGE power plants, encouraging
energy efficiency measures, and acquiring newly
developed renewable energy. As a result, approxi-
mately 50°/o of PGE's forecasted load growth
between 2004 and 2007 is expected to come from
sustainable measures instead of new resources that
depend on additional fossil fuels (PGE 2004).
Web site:
irp....opucAcknGwtedgefWjntasp?bhcp-l
California
In the beginning of 2003, CPUC ordered the three
California utilities-San Diego Gas ft Electric
(SDGftE), Pacific Gas Et Electric (PGftE), and Southern
California Edison (SCE)— to resume the role of plan-
ning for and buying electricity to meet customer
needs. This order followed a two-year period of try-
ing customer choice in retail markets. In Decision
04-01-050, CPUC adopted the long-term regulatory
framework under which utilities would plan for and
procure energy resources and demand-side invest-
ments.
CPUC directed the utilities to prioritize their resource
procurements and to follow the priorities, or
"Loading Order," established in the state's EAP. The
EAP identifies certain demand-side resources as pre-
ferred because California believes that they work
toward optimizing energy conservation and resource
efficiency while reducing per capita demand. The EAP
also identifies certain preferred supply-side
resources. The EAP established the following priority
list:
1. Energy efficiency and demand response.
2. Renewable energy (including renewable DG).
3. Clean fossil-fueled DG and clean fossil-fueled cen-
tral-station generation.
CPUC requires each utility to submit a 10-year pro-
curement plan biennially, detailing its demand fore-
casts and showing how it plans to meet that
demand. The plans must demonstrate that the utility
has adequate, reliable supplies and complies with
CPUC goals for efficiency and renewable energy.
Utilities must file plans that include three scenar-
ios-low load, medium load, and high load. To date,
CPUC has approved long-term'procurement plans for
PG&E. SCE, and SDG&E.
The long-term procurement plan guides each utility's
procurement activities. When the utility anticipates
needing fossil fuel sources, it must initiate a compet-
itive process designed to ensure that it compares
renewable and fossil fuel energy sources. CPUC has
directed the utilities to include the costs of C02
emissions in their long-term procurement plans and
resource evaluation. Utilities must file monthly risk
assessments and quarterly reports on the implemen-
tation of their plans.
Based on its first comprehensive review of the imple-
mentation of the Loading Order, California Energy
Chapter 6. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version) J$ll!
•. S^lsUl
Commission (CEC) staff find different success rates
for different resources. For example, the state and its
utilities are currently ahead of their goals for energy
efficiency, but are having a harder time meeting their
goals for demand response and renewables. The state
continues to work on reducing barriers to DG and to
take steps to meet the goals of the Loading Order
policy (CEC 2005).
SCE's request to meet an anticipated energy shortfall
during Summer 2005 with an additional $38 million
in efficiency programs demonstrates that the utility
is following the EAP's priorities.
Web site:
'http://www.cpuc.ca.gov/WORD...POJ:/
FSNAL...[)ECISION/43224.doc
Since 1990. the IUB has required Iowa's four
investor-owned gas and electric utilities to develop
and implement energy efficiency plans that'provide <>
opportunities for all customers to reduce electricity
and natural gas demand, thereby reducing their bills.
Although not part of a traditional IRP process, Iowa's
program illustrates how well-designed portfolio
management strategies support energy efficiency.
The IUB developed administrative rules for investor-
owned utilities based on legislation enacted in 1990
and 1996. The state legislature played a key role in
enacting this legislation. It initially requested direc-
tion from the IUB to help shape legislation and then
through the legislation directed the IUB to establish
energy efficiency and load management require-
ments.
The IUB and the Iowa Department of Natural
Resources (DNR) develop capacity and energy savings
performance standards for each utility, and each util-
ity must propose a plan and budget for achieving
those standards. In developing their plans, the utili-
ties must perform studies that look at the potential
of energy efficiency. The legislature directed the
board to use several cost-effectiveness tests (i.e., a
Societal Test, utility cost test, rate-payer impact test,
and Participant Test) in evaluating the overall cost-
effectiveness of plans. Each test evaluates the costs
and benefits of the program from the perspective of
a particular entity. The Societal Test takes into .
account the environmental effects of resource choic-
es, requiring utilities to compare options by adding
10% to the cost of fossil fuel generation to account
for its environmental effects.
In 2001, the IUB requested that each utility provide
new energy efficiency plans. As a result, utility ener-
gy efficiency spending has increased to above the
peak spending levels reached in.the early 1990s, an
amount that is equivalent to 2°/o of electric utility
revenues and 1.5% of gas utility revenues. Iowa's
electric and gas utilities are investing $80 million
annually in energy efficiency and load management
programs: These programs are saving 1,000 MW of
electrical capacity per year (15% of summer peak
demand) and more than 1 million megawatt-hours
(MWh) per year. The plans, approved in 2003, are
estimated to result in a net savings of $650 billion
over five years (Iowa Department of Natural
Resources 2004).
The lUB's energy efficiency planning rules include the
following requirements:
• Utilities assess the potential for energy efficiency
in each sector and submit an energy efficiency
plan that identifies economically achievable pro-
grams and describes how the savings will be
achieved.
• The IUB conducts case proceedings to review the
plans. The proceedings involve a range of stake-
holders, including the Office of Consumer
Advocate, large industrial customers and environ-
mental groups, and the Iowa Department of
Natural Resources, which serves as the state ener-
gy office.
• The IUB establishes annual performance goals and
budgets for each utility's DSM programs and
reviews each utility's energy efficiency plan and
budget.
In conjunction with utilities and stakeholders, the
Section 6.1. Portfolio Management Strategies
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
IUB developed an automatic cost recovery adjust-
ment mechanism that allows utilities to recover the
costs of DSM and load management programs. The
IUB conducts a regulatory proceeding to evaluate the
reasonableness of plan implementation arid the
budget. The IUB can deny cost recovery if not satis-
fied with the utility's implementation and expendi-
tures.
The energy efficiency plans are incorporated into
utility load forecasts, and utilities are required to
estimate how energy efficiency helps them avoid
acquiring new capacity or new resources.
Web site:
http://www.5f5te.is.u5/dnr/cnpr9y/IV1AiN/PUBS/CsP/
Montana established electric least-cost planning
rules and policy guidelines that apply to default sup-
ply utilities for long-term electric supply resource
planning and procurement. Under the "traditional"
planning process, the affected utility is required to
submit an IRP every two years. The state also has a
"restructured" planning process for one distribution
company, where the utility must file a portfolio
action plan every year. In both the traditional and
restructured processes, the utility must fife a long-
range plan that includes demand-side resources and
supply-side resources. However, the traditional plan
must reflect the "least societal cost" and include
estimates of the environmental costs of certain
options. The restructured plan does not include these
factors.
The guidelines for default service state that the
objective of the planning process is to assemble and
maintain a balanced, environmentally responsible
portfolio of power supply and demand-management
resources. Both planning processes require utilities to
consider the costs of complying with existing and
potential environmental regulations.
Illinois
The Illinois Commerce Commission (ICC) has adopted
a sustainable energy plan initiative to increase the •
use of renewable energy, demand response, and
energy efficiency. Based on input obtained through a
public process that included stakeholder workshops,
the ICC developed an implementation plan and
adopted voluntary renewable and energy efficiency
portfolio standards. The voluntary standards apply to
public utilities and alternative electricity providers.
The RPS calls for 2% of the bundled retail load to be
obtained from renewable energy resources in 2007,
3% in 2008, 4% in 2009, 5% in 2010. 6% in 2011,
7% in 2012, and 8% in 2013. The energy efficiency
portfolio standard calls for a 10% reduction in load
growth in 2007-2008, a 15% reduction in load
growth in 2009-2011, a 20% reduction in load
growth in 2012-2014, and a 25% reduction in load
growth in 2015-2017 (ICC 2005).
Web site:
http://www,icc.il!inoi5.aov/ec/ecEne!'gy.3spx
Vermont
Vermont's State Energy Policy places a strong
emphasis on efficient resource use and environmen-
tally sound practices in the provision of adequate,
reliable, secure, and sustainable energy service.
Legislation requires that each regulated electric and
gas company prepare and implement a least-cost
integrated resource plan for providing service to its
Vermont customers. Under the law pertaining to IRP
(30 V.S.A. § 218c. Least Cost Integrated Planning),
utilities are required to prepare a plan for providing
energy service at the lowest present value life-cycle
cost, including environmental and economic costs.
The state also prepares a statewide energy plan. The
2005 Vermont Electric Plan, the first update since
1994, contains detailed requirements for electric
utilities' integrated resource plans. It also provides a
decision framework for addressing uncertainties and
multiple contingencies in energy resource selection.
These requirements are intended to guide the utili-
ties' planning processes to provide electric service at
Chapter 6. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
the lowest present value life-cycle cost, including
environmental and economic cost The IRPs should
include a combination of supply and demand
resources as well as transmission and distribution
investments. The process outlined in the Electric
Plan is also intended to facilitate information
exchange among utilities, regulatory agencies, and
the public.
Web site:
http://pubiicservice.verfflont.gQv/divisions/
plann';ng.h!m! .
Northwest Pawsr and Conservation
Council
The Northwest Power and Conservation Council was
created by Congress in 1980 through the Pacific
Northwest Electric Power Planning and Conservation
Act. The Act requires The Northwest Power and
Conservation Council to develop a 20-year power
plan to assure the region of an adequate, efficient,
economical, and reliable power system. The plan is
updated every five years.
The Fifth Northwest Electric Power and Conservation
Plan, issued in May 2005, is the most recent plan.
The purpose of the plan is to develop plans and poli-
cies that enable the region to manage uncertainties
that affect the power'system and to mitigate risks
associated with those uncertainties. The Fifth Plan
contains recommended action items for the next five
years as well as recommendations beyond five years
to prepare the region for possible future scenarios.
The plan includes clean energy options as the pri-
mary options to reduce costs and mitigate risks.
Clean energy options include energy conservation
and efficiency (targeted at 700 MW between 2005
and 2009), demand response (targeted at 500 MW
between 2005 and 2009), and wind (targeted at
1,100 MW between 2005 and 2014) from system
benefits charges (SBCs) and utility IRPs. To prepare
for potential new resources in the future, the plan
includes steps to secure sites and permits for expan-
sion of wind resources and develop possible coal
gasification facilities, conventional coal resources,
and natural gas facilities. The plan also calls for
monitoring key indicators that could affect the plan
(such as loads and resources,.conservation develop-
ment, cost and availability of wind generation, and
climate change science).
Website:
htlp://www.nwcouf!Cii.org/energy/powerplan/p!ar!/
OfciWit.hlrn
PasifiCorp
PacifiCorp prepares an IRP to plan for providing elec-
tricity to 1.6 milljon Pacific Power and Utah Power
customers throughout Oregon, Washington, Idaho,
Wyoming, California, and Utah. The company states
that the IRP is not only a regulatory requirement but
is also the primary driver in the company's business
planning and resource procurement process.
The 2004 IRP determined that the most robust
resource strategy relies on a diverse portfolio of
resources that includes renewable energy, DSM, and
natural gas and coal-fired generating resources. The
plan identified a need for 2,700 MW of capacity by
2014, and emphasized the company's continuing
intention of procuring 1,400 MW of wind capacity
and demand-side resources (including energy effi-
ciency). PacifiCorp is currently planning for the 2006
IRP cycle.
The IRP was developed with public involvement from
customer interest groups, regulatory staff, regulators,
and other stakeholders. It simulates the integration
of new resource alternatives with the company's
existing assets and compares their economic and
operational performance. The method also accounts
for future uncertainties by testing resource alterna-
tives against measurable future risks. The IRP also
looks at possible paradigm shifts in the industry; for
example, it accounts for the uncertainty associated
with future carbon regulations by increasing the cost
of fossil fuel suppliers (for the purpose of comparing
resources) by $8 per ton of C02 emitted by fossil fuel
plants. The result is a flexible resource strategy cen-
tered on the least-cost, risk-weighted mix of
resource options.
Section 6.1. Portfolio Management Strategies
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Web site:
http://www.paclflcorp.comj Na
07.html
NJafio Power
The Idaho PUC requires electric utilities to file an IRP
every two years. The plan details the utility's 10-year
plan for providing electricity to retail customers in
Idaho and Oregon. In preparing its IRP for 2004,
Idaho Power worked with an Integrated Resource
Plan Advisory Council comprising PUC representa-
tives, the Governor's office, state legislators, mem-
bers of the environmental community, major indus-
trial customers, irrigation representatives, and others.
The 2004 IRP has two primary goals: (1) to identify
resources to provide a reliable power supply for the
10-year planning period; and (2) to ensure that the
resource portfolio balances cost, risk, and environ-
mental impact Two secondary goals of the IRP are
to consider supply and demand resources in a bal-
anced fashion and to provide meaningful public
input in development of the IRP.
In developing its plan, Idaho Power analyzed 12
potential resource portfolios, five of which were
selected for additional risk analysis. Based on the
risk analysis the preferred portfolio was a diversified
one that included nearly equal amounts of renewable
generation and conventional thermal generation. The
preferred portfolio presented resource acquisition
targets for resources including demand response.
energy efficiency, wind, geothermal, combined heat
and power, natural gas, and conventional coal,
increasing the capacity of the system almost 940
MW over the planning period.
As a result of the 2004 IRP, Idaho Power intends to
issue several requests for proposals (RFPs) prior to
the next IRP for resources including wind, geother-
mal, and peaking combustion turbines. The company
will also undertake activities relative to demand-side
measures and energy efficiency.
Idaho Power has also designed a risk management
policy that addresses the short-term resource deci-
sions required in response to changes in load,
resources, weather, and market conditions. The risk
management policy typically covers an 18-month
period and is intended to supplement the IRP long-
term planning process.
Web site:
http://www.ldshopower.cofn/pd fs/snergycenter/irp/
20G4JRP..fir:3l.pdf
Fuget Sound Energy
PSE prepares a Least Cost Plan every two years in
response to state regulatory requirements. The plan
details how the company plans to provide electricity
to retail customers in 11 counties in Washington. The
company held numerous formal and informal meet-
ings providing opportunity for public input to the
plan.
PSE's 2005 Least Cost Plan identifies plans for
acquiring energy efficiency and renewable resources
in the near and long-term, as well as some conven-
tional fossil generation in the long term. In develop-
ing the plan, PSE used scenarios to evaluate risks and
portfolio performance associated with certain poten-
tial futures.
Web site:
n
Renewable Energy R
Retail Choice States
Connecticut
Connecticut is an example of a retail choice state
with a clear, multifaceted clean energy approach. The
state requires all generators that provide transitional
offer service (Connecticut's standard offer service) to
customers to comply with the state's RPS. In addition
to the RPS standard, Connecticut requires its transi-
tional offer service providers to sign contracts for
renewable energy totaling 100 MW. Separate from
the RPS requirements, Connecticut offers its transi-
tional service customers the option of choosing from
one of two clean energy programs. Under either pro-
Chapter 6. Utility Planning and incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
gram, customers can pay a premium and purchase
either 50% or 100% of their resources through clean
energy. Finally, competitive generators that serve
Connecticut customers outside of the transitional
offer service must also comply with the state's RPS.
Web site:
Pennsylvania
Pennsylvania has taken a different approach to
increasing use of clean energy. The state created four
funds as a result of restructuring plans. These funds
are designed to promote the development of sustain-
able and renewable energy programs and clean-air
technologies on both a regional and statewide basis.
The funds have provided more than $20 million in
loans and $1.8 million in grants to more than 100
projects. In addition, 20% of standard offer cus-
tomers are assigned to suppliers that are required to
use at least 5% renewable generation.
Web site:
hitp://www.puc
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
Review the portfolio management policy regularly
and adjust the portfolio as appropriate.
Assess transmission policies and how they influ-
ence generation. Decisions regarding the mainte-
nance or'enhancement of transmission and distri-
bution (T&D) facilities will have important conse-
quences for the development of generation and
efficiency resources and vice versa. Portfolio man-
agers can consider not only the generation
resources that are available with the existing
transmission system, but also those that could be
tapped via new or upgraded transmission.
Conversely, portfolio managers can also consider
whether costly T&D upgrades and enhancements
can be deferred or avoided. This involves consider-
ing the strategic placement of power plants, ener-
gy efficiency investments, or DG technologies.
States that do not have a portfolio management pol-
icy or program can:
• Educate stakeholders about the benefits of portfo-
lio management, including more stable prices, risk
mitigation, lower long-term costs, and a cleaner
environment.
• Review other state practices and current utility
portfolio management practices.
• Develop a comprehensive policy with clear provi-
sions for program review and modification.
When modifying or adopting portfolio management
requirements, states are moving towards policies and
programs that strive to minimize total revenue
requirements (i.e., total bills paid by customers)
rather than electricity rates.
Chapters. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Information Resources
Information About States
Decision 0412048—opinion adopting PG&E, SCE, and SDG&E's '
long-term procurement plans. . il^wfi ics< B
energy.
-• - - • *
Sustainable energy plan initiative to develop an RPS, demand ••Sa^wvswtt. itiit
response, and energy efficiency.
2004 Energy Plan Update.
2005 Iowa Code: energy efficiency program requirements at
Chapter 476.6 (14), and Chapter 467.6(16H18h
Another example of how a restructured state thinks about
clean energy.
An example of a state's RPS issues. ftpV«vww ?£<(< < '-sic far
An example of a state's comprehensive approach to clean
energy. (fteyhto;
A.B.3, June 2005, increasing the RPS and allowing up to one -«;> tl $* s-.re *»,{*>>?'f'w§>w
quarter of the required percentage to be met through energy
efficiency measures.
A detailed description of New Jersey's auction approach to
default service.
Information about how the PUC is helping to promote and
encourage renewable energy development in Pennsylvania,
and a link to the Office of Consumer Advocate's Web site
where consumers can find out more information about choos
ing a "green supplier." Consumers also can find information
about air pollution from power plants, fuel sources, and RPS
Variant Vermont Department of Public Service, 2005 Vermont Electric
Plan.
!
Section 6.1. Portfolio Management Strategies
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
2QC5 Biennial Energy Report discusses IRP In the Pacific
Northwest
Norwest Power and Conservation Council issued its Rfth
Northwest Electric Power and Conservation Plan in May 2005
The purpose of the plan is to develop plans and policies that
enable the region to manage uncertainties that affect the
power system.and to mitigate risks associated with those
uncertainties.
] The Regulatory Assistance Project (RAP) has a survey of some p;
I states' IRP practices and discussions of portfolio management Ki1^^y^^®ij^
| that can be found in their subject menu. [^^K^S^I^iiji
Idaho Fewer Cof ^sraSon's SRP
Articles-and Reports About Portfolio Management Policy and Specific Programs
Alexander, B. 2003. Managing Default Service to Provide Consumer Benefits in
Restructured States: Avoiding Short-term Price Volatility. Prepared for the National
Energy Affordability and Accessibility Project National Center for Appropriate
Technology. June.
American Public Power Association IAPPA) 2004. Guidebook to Expanding the Role
of Renewables in a Power Supply Portfolio. Prepared by Altera Energy, Inc. li^l^f^ftS^f^^^^.l^^^l!?!^!:^-
September. • • pis^^H^^^^^^^;|Bg^i^^^^
....... . *. .,...,..,..... ,„„„„„.»..{.:--^;-*y,--.;...::pi<:::>^
Biewald, B., t Woolf, A. Roschelle, and W. Steinhurst. 2003. Portfolio Management ^i;^»^~"X**»&in>*«i*i':*:v*:'^:i'i~;:**";:4
How to Procure Electricity Resources to Provide Reliable, Low-Cost, And Efficient
Electricity Services to All Retail Customers. Prepared for RAP. October.
CEC Staff Report 2005. Implementing California's Loading Order for Electricity
Resources. CEC-400-2005-043. July.
Chapter 6. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
CPUC. Administrative Law Judge's Ruling Soliciting Pre-Workshop Comments on
Draft Policy Rules for Post 2005 Energy Efficiency Programs. Rulemaking 01-08-028.
Cowart, R. 2003. Portfolio Management Design Principles and Strategies
Presentation. April 25.
Harrington, Mostovitz, Shirley, Weston, Sedano, and Cowart 2001 Portfolio *
Management: Looking After the Interests of Ordinary Customers in an Electric
Market That Isn't Working Very Well. RAP. July.
Harrington, C. 2003. Portfolio Management The Post- Restructuring World.
Regulatory Assistance Project-Presentation April 24.
Illinois Commerce Commission Resolution on Governor's Sustainable Energy Plan
(05-0437). 2005. July 19.
ICC. 2005. Illinois Sustainable Energy Initiative ICC Staff Report July 7.
Joint Statement of Natural Resources Defense Council (NRDC) and Edison Electric
Institute on portfolio management
Northwest Energy Coalition Report 2004. Utility Resource Planning Back In Style.
22(51:4-5. June.
PSE. 2005. Least Cost Plan. April.
RAP. 2005. Clean Energy Policies for Electric and Gas Utility Regulators. January.
Sedano, R,, C. Murray, and W. Stein hurst 2005. Electric Energy Efficiency and
Renewable Energy in New England: An Assessment of Existing Policies and
Prospects for the Future. RAP. May."
Roschelle, A. and T. Woolf. 2004. Portfolio Management and the Use of Generation
Options and Financial Instruments. Synapse Energy Economics. IMRRI Journal of
Applied Regulation. November.
Roschelle, A. and W. Steinhurst 2004. Best Practices in Procurement of Default
Electric Service: A Portfolio Management Approach. Synapse Energy Economics.
Electricity Journal. October.
Roschelle, A., W. Steinhurst, P. Peterson, and B. Biewald. 2004. Long-term Power
Contracts: The Art of the Deal. Synapse Energy Economics. Public Utilities
Fortnightly. August
i&hjj^fiipfcli)^
iiil?i^l^?^lliiilll^iiii3liiiiilllil^j
Section 6.1. Portfolio Management Strategies
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Cliui E
STATE PARTNERSHIP
Steinhurst W. and A. Roschelle. 2004. Energy Efficiency: Still a Cost-Effective
Resource Option. Synapse Energy Economics prepared for the U.S./lnternational
Association for Energy Economics (USAEE/IAEE) Conference Washington DC July
Steinhurst W., A. Roschelle, and P. Peterson. 2004. Strategies for Procuring
Residential and Small Commercial Standard Offer Supply in Maine. Comments pre-
pared for the Maine Office of the Public Advocate. April.
;:5?l§iim*iS)i
iilllMiJi
#iiipS«V3¥jl
s&SiSjffiaiJ^fifgv.f
i:ii?2^H:!i;M;:P e •&
Chapters. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
6,2 Utility Incentives for
Demand-Side Resources
Policy Description and Objective
Regulators in leading states are reworking traditional
ratemaking structures to better align utilities' invest-
ment incentives and related decisions with state
interest in providing affordable and reliable energy
supplies with low environmental impacts. Financial
incentive structures for utilities can help align com-
pany profit aims with the delivery of cost-effective
demand-side resources such as energy efficiency and
clean D6. Traditional regulatory approaches link a
utility's financial health to the volume of electricity
or gas sold via the ratemaking structure, thus provid-
ing a disincentive to investment in cost-effective
demand-side resources that reduce sales. The effect
of this linkage is exacerbated in the case of distribu-
tion-only utilities; since the revenue impact of elec-
tricity sales reduction is disproportionately larger for
utilities without generation resources. Aligning utility
aims by decoupling profits from sales volumes,
ensuring program cost recovery, and providing share-
holder performance incentives can "level the playing
field" to allow for a fair, economically-based com-
parison between supply- and demand-side resource
alternatives and can yield a larger cost, cleaner, and
reliable energy system.
Objective
Financial incentive structure for utilities can be
designed to encourage utilities to actively promote
implementation of energy efficiency and clean DG
when it is cost-effective to do so. This includes first
minimizing utilities' financial disincentives to deliv-
ery energy efficiency and DG resources and then
instituting complementary incentive structures to
promote and establish high-performing energy effi-
ciency and OG resources. A core objective for mini-
mizing disincentives is the elimination or minimiza-
tion of "throughput disincentives" embedded in tra-
ditional ratemaking mechanisms. Complementary
White some utilities manage aggressive ener-
gy efficiency and clean distributed genera-
tion (06) programs as a strategy to diversify
their portfolio, lower costs, and meet cus-
tomer demand, many still face important
financial disincentives to Implementing these
programs. Regulators can establish or rein-
force several policies to help address these
disincentives, including decoupling of profits
from sales volumes, ensuring program cost
recovery, and defining shareholder perform-
ance incentives.
incentive structure objectives include ensuring recov-
ery of costs for effective, economic energy efficiency
and DG programs and rewarding utility management
and shareholders for well-run and well-performing
energy efficiency and DG installation and promotion.
States have found that a well-designed framework
for utility incentives helps utilities increase the use
of energy efficiency and clean DG, which reduces the
demand for central station electric generation, low-
• ers consumption and demand for natural gas,
reduces air pollution, and decreases the load on
transmission and distribution systems.
Such a utility incentive structure can also lead to an
increase in the reliability of electric power and gas
delivery systems resulting from increased use of
energy efficiency and DG resources. Delivering cost-
effective energy efficiency or DG resources reduces a
utility's need to build expensive new central station
power plants or transmission lines-or expand exist-
ing ones-and thus maximizes the value of a utility's
existing gas or electric capacity. Energy efficiency
and clean DG programs can also lower overall pro-
duction costs and average prices.
Background on Utility Incentive
Structures
A large majority of electric utility costs, including
costs for non-jurisdictional energy service companies
Section 6.2. Utility Incentives for Demand-Side Resources
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Clean En«|yt:t:!nMHtt
»T*rf PARTNERSHIP
such as municipalities and cooperatives, are fixed to
pay for capital-intensive equipment such as wires,
poles, transformers, and generators. Utilities recover
most of these fixed costs through volumetric-based
rates, which change with each major "rate case," the
traditional and dominant form of state-level utility
ratemaking. Between rate cases, however, utilities
have an implicit financial incentive to see increased
regulated retail sales of electricity (relative to fore-
cast levels, which set "base" rates) and to maximize
the "throughput" of electricity across their wires. This
ensures recovery of fixed costs and maximizes allow-
able earnings; however, it also creates a disincentive
to investing in energy efficiency during the time
between rate cases. Recovery of variable costs in
some states is assured through regular (usually quar-
terly) adjustments (e.g., for fuel) and thus'does not
impose analogous disincentives. Utilities with regu-
lar adjustments for variable fuel expenses have an
even greater disincentive for energy efficiency than
utilities that do not.
With traditional ratemaking, there are few or no
mechanisms to prevent "over-recovery" of these
fixed costs, which occurs if sales are higher than
projected, and no way to prevent "under-recovery,"
which can happen if forecast sales are too optimistic
(such as when weather or regional economic condi-
tions deviate from forecasted or "normal" condi-
tions). This dynamic creates an automatic disincen-
tive for utilities to promote energy efficiency or DG,
because those actions—even if clearly established
and agreed-upon as a less expensive means to meet
customer needs-will reduce the amount of money
the utility can recover toward payment for fixed.
costs.
If ratemaking explicitly accounted for this effect, for
example, by allowing more frequent true-ups to rates
to reflect actual sales and actual fixed cost revenue
requirements, then this disincentive would be
removed or minimized and energy efficiency options
would then be able to compete on a level playing
field with alternative supply options. A simplified
illustration of this decoupling rate effect is shown in
Table 6.2.1. Separate, supplemental shareholder
Tsbfs 8,2.1: Stnipiifiss! iilu&rsti&n sf Decoupling Bats
j SaSss Bwittw i Sslss Abov*
Forecast ! Forecast
Sales Forecast!
Fixed Costi]
100 kilowatt-hourslkWh
$6.00
Variable Cost?; $0.04 per kWh
Totei'Variabie'Costt $4"bb Ww [ $4.20
Total Costs!
(Fixed* Variable] I
$10.00
Authorized Rate \.
(Costs Sales Forecast) |
Actuai Saiesl 100 icWh"
$0.100 per kWh
Actual Revenues! $10.00
Fixed Cost Recovery; .Even
[Revenue - Cost]; $0.00
fwsesst
Sales Forecasts;
Total Costs* i
Revenue Requirement!
[Total Costs - Fixed j
Cost Recovery)!
$10.00
New Authorized Rate; $0.100
(Revenue Requirement; per kWh
Sales Forecast] j
$3.80
95kWh
$9.50
Under
($0.30)
Fwaesst
100 kWh
""$io.oo"
"$ib"36
$0.103
per kWh
$10.20
105 kWh
$10.50
Over
$0.30
Braoasi
$9.70
per kWh
i Fixed costs include return on rate base.
2 Variable costs include operating costs of power plants
3 Assumes values from initial period for illustrative purposes.
Svurcss: Ssehrseh, Sstesr, sad Jaffa 2804, P8M2883,
incentive mechanisms, such as performance-based
return on equity (ROE) guarantees, could then oper-
ate more effectively in the absence of the disincen-
tive that the standard ratemaking otherwise imposes
on utilities. Frequent true-ups and shareholder
incentives are more desirable relative to high fixed
rates since fixed rates greatly diminish customers'
incentives for energy efficiency.
$>• Chapter 6. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepubllcation Version)
States wrth Utility Incentive Programs
for D0mand~$ide Bssouress
States have found three steps for leveling the playing
field for demand-side resources through improved
utility rate design:
• Remove Disincentives. Some, states have removed
structures that discourage implementation of
energy efficiency and clean DG through "decou-
pling" efforts that divorce profits from sales vol-
umes.
• Recover Costs. Some states have given utilities a
reasonable opportunity to recover the costs of
energy efficiency and clean DG programs (i.e.,
cost-recovery of implementation costs). Cost
recovery alone does not remove the financial dis-
incentive needed to further expand a utility's com-
mitment to maximizing energy efficiency and
clean DG.
• Reward Performance. Some states have created
shareholder incentives for implementing high-per-
formance energy efficiency and clean DG pro-
grams. These incentives are usually in the form of
a higher return on investment for energy efficien-
cy if the programs demonstrate measured or veri-
fied success, i.e., an actual reduction of energy use
from program implementation. States can also
reward performance by using shared-savings
mechanisms.
The first mechanism is critically important to allow-
ing the second and third mechanisms to be meaning-
ful. Removing disincentives first gives utility man-
agement a consistent framework for providing reli-
able, economic electric or gas service because it
allows utilities to profitably invest in energy efficien-
cy and DG resources without being penalized for
lower sales volumes. Utilities can then aim to
achieve implementation of high-performing energy
efficiency and DG resources through superior man-
agement practices that result in assured cost recov-
ery and lead to financial rewards for shareholders.
These three approaches, especially when used
together, have helped provide a level playing field for
demand-side resource consideration. A number of
states, including California, Oregon, Washington,
Idaho, New York, Minnesota, Nevada, Massachusetts,
Connecticut, New Hampshire, Rhode Island, Maine,
Colorado, New Mexico, and Arizona, have had or are
reviewing one or more of these forms of decoupling
and incentive regulation.
Remove Disincentives through Decoupling or
Lost Revenue Adjustment Mechanisms .
Traditional electric and gas utility ratemaking mech-
anisms unintentionally include financial disincentives
for utilities to support energy efficiency and DG. This
misalignment can be remedied through "lost rev-
enue" adjustment mechanisms or mechanisms that
"decouple" utility revenues from sales.
Lost Revenue Adjustment Mechanisms (LRAM) allow
a utility to directly recoup the "lost" revenue associ-
ated with not selling additional units of energy
because of the success of energy efficiency or DG
programs in reducing electricity consumption. The
amount of lost revenue is typically estimated by
multiplying the fixed portion of the utility's prices by
the energy savings from energy efficiency programs
or the energy generated from DG. This amount of
lost revenues is then directly returned to the utility.
Some states have adopted these mechanisms, but
experience has shown that LRAM can result in utili-
ties being allowed more lost revenues than the ener-
gy efficiency program actually saved because the lost
revenues are based on projected savings.
Furthermore, because utilities still earn increased
profits on additional sales, this approach leaves a
disincentive for utilities to implement additional
energy efficiency or support independent energy effi-
ciency activities. The LRAM approach provides limit-
ed incentives and does not influence efficient utility
operations company-wide like other decoupling
approaches.
Decoupling is an alternative means of eliminating
lost revenues that might otherwise occur with ener-
gy efficiency and DG resource implementation.
Decoupling is a variation of more traditional per-
formance-based ratemaking (PER). Under traditional
ratemaking, a utility's rates are set at a fixed amount
until the next rate case occurs at an undetermined
Section 6.2. Utility Incentives for Demand-Side Resources
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
point in time. Under traditional PBR, a utility's rates
are typically set for a predetermined number of years
(e.g., five years). This type of PBR is referred to as a
"price cap" and is intended to provide utilities with a
direct incentive to lower cost (and thereby increase
profits) during the term of the price cap.
Decoupling is a variation of traditional PBR, and it
sometimes is referred to as a particular form of "rev-
enue cap." Under this approach, a utility's revenues
are fixed for a specific term, in order to match the
amount of anticipated costs incurred plus an appro-
priate profit. Alternately, a utility's revenues per cus-
tomer could be fixed, thus providing an automatic
adjustment to revenues to account for new or
departing customers. If the utility can reduce its
costs during the term through energy efficiency or
D6 it will be able to increase its profits. Furthermore,
if a utility's sales are reduced by any means, includ-
ing efficiency, DG, weather, or economic swings, its
revenues and therefore its profits will not be affect-
ed. This approach completely eliminates the through-
put disincentive and does not require an accurate
forecast of the amount of lost revenues associated
with energy efficiency or DG. It does, however, result
in the potential for variation in rates or prices,
reflecting an adjustment to the relationship between
total revenue requirements and total electricity or
gas consumed by customers over the defined term.
Such rate adjustments, or "true-ups," are a funda-
mental aspect of the rate design resulting from
decoupling profits from sales volumes.
Table 6.2.2 compares decoupling with a lost revenues
approach and illustrates why decoupling is simpler
and more effective than LRAM. As the table illus-
trates, decoupling appears to be a more comprehen-
sive approach to aligning utility incentives. While it
requires more effort to establish a complete decou-
pling mechanism, it avoids the downsides of lost rev-
enue approaches.
As an example, California's original decoupling policy,
an Electric Rate Adjustment Mechanism (ERAM), was
in place between 1982 and 1996 and was successful
in reducing rate risk to customers and revenue risk to
the major utility companies (Eto et al. 1993).
i Removes sales incentive and \ Removes some DSM disincen-
j all demand-side management i lives.
i (DSM) disincentives. I
| Does not require sophisticated
j measurement and/or estima-
tion.
j Requires sophisticated meas-
i u re merit and/or estimation.
j Utility does not profit from
IDSM, which does not actually
i produce savings.
i Utility may profit from DSM,
jwhich does not actually pro-
Iduce savings.
i Removes utility disincentive to
j support public policies that
i increase efficiency (e.g., rate
i design, appliance standards,
! customer initiated conserva-
tion).
I Continues utility disincentive
|to pursue activities or support
\ public policies that increase
j efficiency.
i May reduce controversy in i No direct effect on subse-
I subsequent utility rate cases, iquentrate cases.
i Reduces volatility of utility rev- i Reduces volatility of utility
i enue resulting from many j earnings only from specified •
[causes. i DSM projects.
1SS2.
California dropped its decoupling policy in 1996
when restructuring was initiated. When competition
did not deliver on its promise, California recently
brought back a decoupling approach as part of a
larger effort to reinvigorate utility-sponsored energy
efficiency programs. Conversely, Minnesota tried a
lost revenues approach and met strong customer
opposition because there was no cap on the total
amount of revenues that could be recovered.
While decoupling is a critical step in optimizing the
benefits of energy efficiency, states are finding that
decoupling alone is not sufficient. Two other related
approaches states are taking include assurance for
energy efficiency program cost recovery, and share-
holder/company performance incentives to reward
utilities for maximizing energy efficiency investment
where cost effective.
Chapter 6. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
Program Cost Recovery
One important element of utility energy efficiency
and clean DC programs is the appropriate recovery of
costs. The extent to which this is a real risk for utili-
ties depends upon the ratemaking practices in each
state. Nonetheless, the perception of the risk can be
a significant barrier to utilities, regardless of how
real the risk. Under traditional ratemaking, utilities
might be unable to collect any additional energy
efficiency or DG expenses that are not already
included in the rate base. Similarly, under a price cap
form of PBR, utilities might be precluded from recov-
ering "new" costs incurred between the periods when
price caps are set. However, traditional ratemaking
can nonetheless allow program cost recovery for
well-performing energy efficiency or DG programs, if
desired. If revenue caps are in place, well-performing
program costs can be included as part of the overall
revenue requirement, in the same way that supply-
side fixed costs are usually included in revenue
requirements. If energy efficiency/DG programs are
not shown to meet minimum performance criteria,
then these costs could be excluded from revenue
requirements, i.e., these costs would not be passed
on to ratepayers.
To overcome program cost recovery concerns, regula-
tory mechanisms can be used to assure that utility
investments in cost-effective energy efficiency and
DG resources will be recovered in rates, independent
of the form of ratemaking in place. Under traditional
ratemaking, an energy efficiency or DG surcharge
could be included in rates, and could be adjusted
periodically to reflect actual costs incurred. Under a
price cap form of PBR, the costs of energy efficiency
and DG could be excluded from the price cap and
adjusted periodically to reflect actual costs incurred.
Many states with restructured electric industries
have introduced a system benefits charge (SBC) that
provides utilities with a fixed amount of funding for
energy efficiency and DG, thus eliminating this barri-
er to utilities. For example, the New York Public
Service Commission (PSC) approved a proposal in a
ConEd rate case that included, among other
demand-side measures, DSM program cost recovery
through an SBC. In Colorado, a new bill is awaiting
the governor's signature that would require a Public
Utilities Commission (PUC) Rulemaking to address
gas energy efficiency program cost recovery and reg-
ulatory disincentives to cost-effective energy effi-
ciency programs.
Shareholder/Company Performance. Incentives
Under traditional regulation, utilities may perceive
that energy efficiency or clean DG investment con-
flicts with their profit motives. However, states are
finding that once the throughput disincentive is
addressed, utilities will look at cost-effective energy
efficiency and clean DG as a potential profit center
and an important resource alternative to meet future
customer needs. Utilities earn a profit on approved
capital investment for generators, wires, poles, trans-
formers, etc. Incentive ratemaking can allow for
greater levels of profit on energy efficiency or DG
resources, recognizing that many benefits to these
resources, such as improved reliability or reduced
emissions, are not otherwise explicitly accounted for.
Adjustment of approved rate-of-return for capital
investment-supply-or demand-side resources-is an
important policy tool for state regulators.
States, including Massachusetts and New Hampshire,
are using profit,or shareholder incentives to make
energy efficiency and clean DG investments seem
comparable to. or preferable to, conventional supply-
side investments. With throughput disincentives
removed, utilities can be rewarded with incentives
stemming from superior program performance. Such
incentives include a higher rate of return on capital
invested in energy efficiency and clean DG, or equiv-
alent earnings bonus allowances. Rewards require
performance: independent auditing of energy effi-
ciency/DG program effectiveness can drive the level
of incentive. Conversely, poorly performing programs
or components can be denied full cost recovery, pro-
viding a logical "stick" to the "carrot" of increased
earnings potential, and ensuring that energy.efficien-
cy and clean DG program choices exclude those that
only look good on paper. The savings that result from
choosing the most cost-effective resources over less
economical resources can be "shared" between
ratepayers and shareholders, giving ratepayers the
benefits of wise resource use while rewarding man-
Section 6.2. Utility Incentives for Demand-Side Resources
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
agenient for the practices that allow these benefits
to be secured.42
Implementation of a package of incentive regulation
initiatives might include: (1) stakeholder discussion
of the issues, (2) state commission rulemaking or
related initiative proposing a change from traditional
ratemaking, and (3) clear and comprehensive direc-
tion from the state commission establishing the
explicit rate structure or pilot program structure to
be put in place.
Designing Effective Utility
Incentives for Demand-Side
Resources
f
\
A number of stakeholders are typically included in
the design of decoupling and incentive regulations:
• State Legislatures. Utility regulation broadly
affects all state residents and businesses. State
energy policy is affected by and affects utility reg-
ulation. Legislation may be required to direct the
regulatory commission to initiate an incentive reg-
ulation investigation or to remove barriers to ele-
ments like periodic resetting of rates without a
comprehensive rate case. Legislative mandates can
also provide funding and/or political support for
incentive regulation initiatives.
• State PUCs. State PUCs have the greatest responsi-
bility to investigate and consider incentive regula-
tion mechanisms. Staff and commissioners oversee
the stakeholder processes through which incentive
regulation issues are discussed. PUCs are the ulti-
mate issuers of directives implementing incentive
regulation packages for regulated gas and electric
utilities.
State Energy Offices/Executive Agencies. State
policies on energy and environmental issues are
often driven .by executive agencies at the behest
of governor's offices. If executive agency staff are
aware of the linkages between utility regulatory
and ratemaking policy, it may be more likely that
executive agency energy goals can be fostered by
successful utility energy efficiency and clean DQ
programs. Attaining state energy and environmen-
tal policy goals hinges in part on the extent to
which incentive regulation efforts succeed.
Energy Efficiency Providers. Energy efficiency
providers have a stake in incentive regulation ini-
tiatives. In some states, they contract with utilities
to provide energy efficiency program implementa-
tion. In other states, energy efficiency providers
such as Vermont's "Efficiency Vermont" serve as
the managing entity for delivering energy efficien-
cy programs.
DG Developers. DG developers, like energy efficien-
cy providers, are affected by any incentive regula-
tion that reduces throughput incentives, since they
are likely to be able to work more closely with
utilities to target the locations that maximize the
benefits that DG can bring by reducing distribu-
tion costs.
Utilities. Vertically integrated utilities and distribu-
tion or distribution-transmission-only utilities are
affected to the greatest degree by incentive regu-
lation, as their approved revenue collection mech-
anisms are at the heart of incentive regulation
issues. Incentive regulation approaches differ in
their impacts on utilities depending in part on the
degree of restructuring present in a state.
Environmental Advocates. Energy efficiency and
clean DG resources can provide low-cost environ-
mental benefits, especially when targeted to loca-
tions requiring significant transmission and distri-
bution investment. Environmental organizations
can offer perspectives on using energy efficiency
42 The utility industry uses the term "shared savings" in several ways. Alternative meanings include, for example, the sharing of savings between an
end-user and a contractor who installs energy efficiency measures. Throughout this Guide to Action, "shared savings" refers to shareholder/
ratepayer sharing of benefits arising from implementation of cost-effective energy efficiency/DG programs that result in a utility obtaining economi-
cal energy efficiency/DC resources.
Chapters. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version)
ST1TE PARTNERSHIP
and clean DG as alternatives to supply-side
options.
• Other Organizations. Other organizations, includ-
ing consumer advocates and third-party energy
efficiency and clean D6 providers, can provide
cost-effectiveness information as well as perspec-
tives on other complementary policies.
Interaction with Federal and
Stats/Regions! Policies
Incentive regulation is closely intertwined with
almost all state-level energy policy involving electric
and gas utility service delivery, since it addresses the
fundamental issue of establishing'a means for a reg-
ulated utility provider to recover its costs. The fol-
lowing state policies will be affected by changing to
a form of incentive regulation:
• Integrated Resource Planning (IRP) and Portfolio
Management policies. These are an important
complement to utility incentives because they pro-
vide vertically integrated utilities (through use of
IRP) and distribution-only utilities (through use of
portfolio management) with the long-term plan-
ning framework for identifying how much and
what type of energy efficiency and clean DG
resources to pursue. Without removing throughput
disincentives, utilities undertaking IRP and portfo-
lio management that includes cost-effective ener-
gy efficiency and clean DG resources can lose rev-
enue.
• PBFs. Also known as SBCs, PBFs may eliminate the
need for (or provide another way of addressing)
cost recovery.
• PBR Mechanisms^ PBR includes a host of mecha-
nisms that can help achieve regulatory objectives.
Many are tied to specific elements of ratemaking,
such as price caps (i.e., a ceiling on the per unit
rate charged for energy), revenue caps (i.e., a ceil-
ing on total revenue), or revenue per customer
caps. Typically, all PBR mechanisms are established
with the goal of rewarding utility performance
that results in superior customer service, reliability,
or other measured outcome of utility company
effort. Reducing the throughput disincentive is one
important form of PBR, and if it is not addressed,
the effectiveness of other aspects of PBR can be
undermined.
Low-Income Weatherization. Low-income weath-
erization and other energy efficiency improvement
programs target the consumer sector with the
least incentive to invest in energy efficiency. A
fundamental market failure exists, for example, in
the landlord-tenant relationship where landlords
are responsible for building investment (e.g., new
boilers) but tenants are responsible for paying util-
ity bills. The result is that least-first-cost, rather
than least-life-cycle-cost appliances are often
installed. As with any other energy efficiency pro-
gram, a utility company's incentive to see such
programs succeed is reduced if overall profits
remain linked to sales volume; thus, successful
decoupling approaches can help to ensure low-
income weatherization program success.
Tfte best practices identified ba[0w wS help states ••
dwjfop effective Incentive regutatknste Support '
jmptetrHMtatioR of otist-effeetiye tnveiiy efficiency ?
00 programs. , , '
S«rvfcy tfte wren! r$0ntet«y taflrfseajue 10
state and ttetghbortng states. ' '
D etermme if anrf flow energy eff tc ieney and clean
DG are addressed in rats structures. In partlcuSar,
determine ft traditional rmeisaktos fwwtes exist
Do &ey create obstacles to promoting energy effi-
Bather information about pctenttal incentive rate -
designs for yawc state.
Ass^toble key stakeholders and provide a (<#<*« tor
their input an utility incentive options.
D evise an irriptefnentation plan with spe el e time-
lines Bod objectives
Section 6.1 Utility Incentives tor Demand-Side Resources
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
PARTNERSHIP
Evaluation
States are evaluating their decoupling activities to
ensure program success. For example, independent
evaluation of the Oregon initiative for Northwest
Natural Gas included a summary of the program's
intentions, recognition that deviations from forecast
usage affects the amount of fixed costs recovered,
and acknowledgement that partial, rather than full,
decoupling was attained. States are evaluating
decoupling activities to ensure program success. The
report stated that the program had reduced the
"variability of distribution revenues" and "alter[ed]
NW Natural's incentives to promote energy efficien-
cy" (Hansen and Braithwait 2005).
California's earlier decoupling policies (from 1982 to
1996), combined with intensive utility-sponsored
DSM activity, resulted in comprehensive program
evaluation. Existing reports illustrate the impact of
California's decoupling during that period (Eto et al.
1993).
The following information is usually collected as part
of the evaluation process to document additional
energy efficiency or clean DG savings, customer rate
impacts, and changes to program spending that arise
due to changes to regulatory structures:
• Utility energy efficiency and clean DG program
expenditure and savings information.
• Additional data on weather and economic condi-
' tions, to control for factors influencing retail sales
other than program actions.
• Rate changes occurring during the program, if any,
such as those arising from use of a balancing
mechanism.
State Examples
Numerous states previously addressed or are current-
ly exploring electric and gas incentive mechanisms.
Experiments in incentive regulation occurred through
the mid-1990s but generally were overtaken by
events leading to various forms of restructuring.
There is renewed interest in incentive regulation due
to recognition that barriers to energy efficiency still
exist, and utility efforts to secure energy efficiency
and clean DG benefits remain promising. States are
looking to incentive mechanisms to remove barriers
in order to meet the cost-effective potential of clean
energy resources.
California, Washington, Oregon, Maine, Maryland,
Minnesota, New York, Idaho, Nevada, Massachusetts,
Connecticut, New Hampshire, Rhode Island, Arizona,
and New Mexico have had or are reviewing various
forms of decoupling or incentive regulation including
performance incentive structures.'The following state
examples are listed in the approximate order of the
extent to which decoupling mechanisms have been
considered in the state.
California
California has recently re-adopted a revenue balanc-
ing mechanism that applies between rate cases and
removes the throughput disincentive by allowing for
rate adjustment based on actual electricity sales,
rather than test-year forecast sales. The California
Public Utility Commission (CPUC) established this
mechanism to conform to a 2001 law that dictated
policy in this area, stating that forecasting errors
should not lead'to significant over- or under-collec-
tion of revenue. As a result, California public utilities
are returning to larger-scale promotion of energy
efficiency through their DSM programs.
Simultaneously, the CPUC is revising its policies to
establish a common performance basis for energy
efficiency programs that defer more costly supply-
side investments.
California's rate policies are not new. Between 1983
and the mid-1990s, California's rate design included
an ERAM, a decoupling policy that was the forerun-
ner of today's policy and the model for other balanc-
ing mechanisms implemented by other states during
the early 1990s. The impact of the original ERAM on
California ratepayers was positive, with a negligible
effect on rates, and led to reduced rate volatility.
Overall utility energy efficiency program efforts in
California, along with state building and appliance
energy efficiency programs have reduced peak
capacity needs by more than 12,000 megawatts
(MW) and continue to save about 40,000 gigawatt-
Chapter 6. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STME P«R7»EBSHIP
hours (GWh) per year of electricity (CEC and CPUC
2005).
California also implemented a shared-savings incen-
tive mechanism in the 1990s. The CPUC authorized
a 70°/o/30°/o ratepayer/shareholder split of the net
benefits arising from implementation of energy effi-
ciency measures in the 1994-1997 timeframe. This
mechanism first awarded shareholder earnings
bonuses based on measured program performance.
Between 1998 and 2002, the performance incentive
was changed to reward "market transformation"
efforts by the utilities. The incentives were phased
out after 2002, because of the state's overhaul of its
energy efficiency policies, but recent ongoing activity
pursuant to an energy efficiency rulemaking process
promises to revisit shareholder incentive structures.
The CPUC continues to promote utility-sponsored
energy efficiency efforts. A recent decision approves
expenditures of $2 billion over the 2006-2008 time
period for the four major California investorrowned
utilities. These expenditures will contribute toward
overall spending goals of $2.7 billion, with savings
targeted at almost 5,000 peak MW, 23 terawatt- •
hours, and 444 million therms per year (cumulative
through 2013). Under an ongoing rulemaking on
energy efficiency policies, the CPUC is currently ana-
lyzing the risk/reward incentive structure that will
apply over this time for the utilities.
Web sites:
http://www.cpuc.ca.gov/Piibfished/
RnsLdeci£ion/40212.htrn (energy efficiency go?i!s)
http://www.cpuc.ca.9ov/word...pdf/
RNAL...D£fCISiON/30826.pdf {shared savings)
hllp://wv/w.cpiic.c8.gov/wofd_pdf/
FiNALBFCI80N/488S8,pdf (current energy efficien-
cy program spending plans with reference; to new
incentive plans]
n . ,
In the early 1990s, Washington's Utility and
Transportation Commission (WUTC) implemented
incentive regulations for Puget Sound Power and
Light by establishing a revenue-per-customer cap, a
deferral account for revenues, and a reconciliation
process. The mechanism lasted for a few years, but
was phased out-without prejudice-a few years later
when a package of alternative rate proposals was
accepted.
Puget's "Periodic Rate Adjustment Mechanism"
(PRAM) was successful in achieving "dramatic
improvements in energy efficiency performance," and
according to the WUTC it "achieved its primary
goal-the removal of disincentives to conservation
investment" (WUTC 1993).
Washington is currently investigating decoupling
natural gas revenues from sales volumes to eliminate
disincentives to gas conservation and energy effi-
ciency.
Web site:
htip://www,wutc. vvs.gov/webim3ge.fisf/
Document (current, decoupling investigation)
Oregon
In September 2002, Oregon adopted a partial decou-
pling mechanism for one of its gas utilities,
Northwest Natural Gas: The mechanism was estab-
lished through a settlement process that established
a price elasticity adjustment and a revenue deferral
account, even though it did not fully decouple sales
from profits. An evaluation found that the mecha-
nism reduced, but did not completely remove, the
link between sales and profits and that it "is an
effective means of reducing NW Natural's disincen-
tive to promote energy efficiency" (Hansen and
Braith wait 2005).
In the past. Oregon adopted and then abandoned lost
revenue and shared savings mechanisms for two
larger utility companies, PacifiCorp and Portland
General Electric (PGE). Lack of support from cus-
tomer groups, new corporate owners after acquisi-
tion, and shifting of DSM implementation to the
non-utility sector ended these efforts.
Section 6.2. Utility Incentives for Demand-Side Resources
-------
EPA Clean Energy-Eiwironmint Guide to Action (Prepublication Version)
The history and outcome of the NW Natural case in
Oregon demonstrates that incentive regulation must
be designed to address a number of stakeholders and
many related issues that have financial impact on
ratepayers. In its approval of the regulation, the
Oregon Commission acknowledged that it was only a
"partial decoupling mechanism," but did recognize
that decoupling allows for energy .efficiency without
harming shareholders (Oregon PUC 2002).
Web site:
h£lp://£:pps.puc.:itste.Gr.u$/orders/2002orcii;/
024b2B38S.pdf (Northwest Nsts;ra! Gas Order)
In 1991, the Maine PUC adopted a revenue decou-
pling mechanism for Central Maine Power (CMP) on
a three-year trial basis. "Allowed" revenue was deter-
mined in a rate case proceeding and adjusted annu-
ally based on changes in the number of utility cus-
tomers. CMP's ERAM was not, however, a multi-year
plan, so CMP was free to file a rate case at any time
to adjust its "allowed" revenues. The mechanism
quickly lost the support of major stakeholders in
Maine due to a serious economic recession that
resulted in lower sales levels. The lower sales levels
caused substantial revenue deferrals that CMP was
ultimately entitled to recover. CMP filed a rate case
in October 1991 that would have increased rates at
the time, but likely would have caused lower
amounts of revenue deferrals. However, the rate case
was withdrawn by agreement of the parties to avoid
immediate rate increases during bad economic times.
By the end of 1992, CMP's ERAM deferral had
reached $52 million. The consensus was that only a
very small portion of this amount was due to CMP's
conservation efforts and that the vast majority of the
deferral resulted frorrrthe economic recession. Thus,
ERAM was increasingly viewed as a mechanism that
was shielding CMP against the economic impact of
the recession, rather than providing the intended
energy efficiency and conservation incentive impact.
The situation was exacerbated by a change in the
financial accounting rules that limited the amount of
time that utilities could carry deferrals on their
books. Maine's experiment with revenue cap regula-
tion came to an end on November 30, 1993, when
ERAM was terminated by stipulation of the parties.
This experience illustrates the temporal dimension of
decoupling approaches; immediate rate increases can
be perceived negatively. However, under traditional
forms of regulation, declining consumption trends
such as those associated with economic downturns
can also result in a need to increase rates to allow
for fixed cost recovery.
Web site:
indcxhtmS Wsctrie. division of Maine PUC.I
The gas distribution side of Baltimore Gas and
Electric (BG&E) and Washington Gas are each subject
to a monthly revenue adjustment by the Maryland
Public Service Commission. BG&E's "Rider 8" and
Washington Gas' "Monthly Revenue Adjustment
(MRA)" decouple weather and energy efficiency
impacts from the revenue ultimately recovered by
the gas companies. This decoupling mechanism
achieves the aim of greater revenue stability for the
gas companies, while preventing "over-recovery"
from ratepayers during colder-than-normal heating
seasons. The base revenue amount is set based on
weather-normalized patterns of consumption, but .
monthly revenue adjustments are accrued based on
actual revenues, and rates are adjusted monthly
based on the accrued adjustments.
The rate structure has been in place for seven years
for BGftE and is new for Washington Gas.
Web sites:
http://www.energttics.com/msclri/pd fs/
tirtifnerf>iar»_101i05.pdf (description by Maryland PSC
Director of Rates and Economics)
http://www.psc.ilate.rrid.us/psc/aas/
g3sCcinr
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
revenue requirement from sales, offering an annual
true-up to rates to address reduced sales volume
trends. In an approved offer of settlement, this por-
tion of the company's petition was withdrawn, with-
out prejudice, over concerns of the evidence of
declining gas usage and whether the Commission
had the legal authority to approve such a rate struc-
ture change.
Minnesota experimented with a lost revenue recov-
ery approach in the 1990s, but terminated it in 1999
in favor of a "shared savings" approach because of
the cumulative impact of the lost revenues. Their
shared savings incentive mechanism is similar to the
approach used by Massachusetts, Connecticut, New
Hampshire and Rhode Island (see below), where utili-
ty incentives increase if energy efficiency targets are
exceeded.
Web site:
http://www.xcsienergy.eom/XLWI:8/CDA/
0,3080,1 -1 -1... 1875... 1802.. 3 57£-15057- S.. 406...
652-0!0{),htr^! {gs* decoupling information)
In the 1990s, the New York Public Service
Commission experimented with several different
types of performance-based ratemaking, including
-revenue-cap decoupling mechanisms for Rochester
Gas and Electric, Niagara Mohawk Power, and
Consolidated Edison Company (ConEd) (Biewald'et
al. 1997). More recently, the Commission approved a
joint proposal from all the stakeholders in a ConEd
rate case that included significant increases in
spending on DSM, a lost revenue adjustment mecha-
nism, DSM program cost recovery through an SBC,
and shareholder performance incentives. The
Commission did not establish a decoupling mecha-
nism, but left open the possibility to do so in another
proceeding that is assessing DSM incentives for all
New York utilities (NY PSC 2005).
Web site:
http://wwy.-.dp5.statf-.ny.us/fi!?roorr!.hts-r!i (CASE: 04-h-
0572~Proc«:edtrig on Metier; of th« Commission as to
the Hates. Charges, Ruies anci Regulations of Coned
of New York. Inc. for Eieciric Service)
Idaho
In May 2004, the Idaho PUC initiated a series of
workshops to investigate the disincentives to energy
efficiency that exist with traditional ratemaking. The
Commission noted that disincentives are inherent in
company-sponsored conservation programs and
directed Idaho Power Company to examine balancing
mechanisms and consider how much rate adjustment
might be needed to remove energy efficiency invest-
ment disincentives.
The workshops resulted in a recommendation to
establish .a pilot project to allow Idaho Power
Company to recover fixed-cost losses associated with
new construction energy efficiency programs, this
"lost revenue" approach is an initial foray by Idaho
into incentive mechanisms that could eventually
include a broader, fixed-cost true-up mechanism as
part of the next general rate case.
Web site:
iPCKM15.htm! (Idaho Power Company application,
Commission Order; staff Investigation documents)
Nevada
Nevada resurrected DSM efforts in 2001 in the wake
of the California energy crisis. The two Nevada elec-
tric utilities have recently participated in a DSM col-
laborative to obtain stakeholder input regarding the
number and type of DSM programs, and have moved
away from the strict Rate Impact Measure (RIM) Test
to more lenient cost-effectiveness tests, allowing for
greater DSM implementation. The Nevada IRP regu-
lations include a shareholder performance incentive,
whereby the electric utilities can place their DSM
expenditures in rate base and earn the base rate of
return on equity plus 5°/o. Nevada has not considered
decoupling, in part because the state law appears to
prevent balancing accounts for fixed cost recovery.
Web sites:
http://energy.stats.riv.LiS/erficieriov7default.htm
(statewide conservation/efficiency resources)
htip://ijov.stat«.fiv,iis/pr/2005/
PR..01 •-J2SNERGY.htm (energy efficiency strategy)
Section 6.2. Utility Incentives for Demand-Side Resources
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Hampshire, and Rhoda island
While Maine is the only New England state with a
history of a decoupling mechanism, other New
England states have adopted shareholder incentive
regulations that reward utility shareholders by allow-
ing earnings on DSM program expenditures, analo-
gous to allowing a rate of return on fixed, or "rate
base" assets such as wires, poles, and generators. In
these states, different levels of incentives are grant-
ed depending on the level of efficiency savings seen
with DSM programs, also known as "shared savings."
There are typically three levels of program savings
defined, which align with three levels of incentives
granted. A "threshold level" defines the minimum
savings that must be reached for any shareholder
incentives to apply. A "target" level incentive is based
on the goals of the most recent energy efficiency
plan, and an "exemplary" level of incentives is seen if
savings beyond the target level (above a certain
amount) is achieved.
Web site:
.http://www,rr»3ss.qoy/dtc/rcst!r»ct/conipetitiori/
index-hta^WTrnMANCE'(Massachusetts
Department of Telecommunications and Energy (DTE).
Performance Based Rstemaklng/Servicc. Quality
Proceedings}
New Mexico and Arizona
New Mexico and Arizona have recently undertaken
legislative or regulatory efforts to address incentive
regulation, although neither has an explicit decou-
pling policy in place. New Mexico's energy efficiency
legislation adopted earlier this year promotes and
permits convenient cost recovery of both gas and
electric utility DSM. In Arizona, the Southwest Gas
Company has proposed a set of gas DSM programs in
conjunction with decoupling sales from revenue.
Web site:
http://www.ee state.s^us/ (Arizona Corporation
Commission}
What States Can Do
States are leveling the playing field for demand-side
resources through improved utility rate design by
removing disincentives through decoupling or lost
revenue adjustment mechanisms. These actions
make it possible for utilities to recover their energy
efficiency and clean DG program costs, and/or pro-
viding shareholder and company performance incen-
tives. Key state roles include:'
• Legislatures. Legislative mandate is often not
required to allow state commissions to investigate
and implement incentive regulation reforms.
However, legislatures can help provide the
resources required by state commissions to effec-
tively conduct such processes. Legislative man-
dates can also provide political support or initiate
incentive regulation investigations if the commis-
sion is not doing so on its own.
• Executive Agencies. Executive agencies can sup-
port state energy policy goals by recognizing the
important role of regulatory reform in providing
incentives to electric and gas utilities to increase
energy efficiency and clean DG efforts. Their sup-
port can be important to encourage utilities or
regulators concerned about change.
• Store Commissions. State regulatory commissions
usually have the legal authority to initiate investi-
gations into incentive regulation ratemaking,
including decoupling. Commissions have the regu-
latory framework, institutional history, and techni-
cal expertise to examine the potential for decou-
pling and consider incentive ratemaking elements
within the context of state law and policy. State
commissions are often able to directly adopt
appropriate incentive regulation mechanisms after
adequate review and exploration of alternative
mechanisms.
Chapter 6. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action {Prepublication Version)
SfATE PARTNiRSHII1
Action Steps for States
States can take the following steps .to promote
incentive regulation for clean energy,.as well as
overall customer quality and lower costs:
• Survey the current utility incentive structure to
determine how costs are currently recovered,
whether any energy efficiency programs and
shareholder incentives are in place, and how ener-
gy efficiency and DG costs are recovered.
• Review available mechanisms,
• Review historical experience in the relevant states.
• Open a docket on these issues.
• Determine which incentive regulation tools might
be appropriate.
• Engage commissioners and staff and find consen-
sus solutions.
Section 6.2. Utility Incentives for Demand-Side Resources
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Cltlll E
STATE PARTNERSHIP
Information Resources
State Information ors Incentive Regulation Efforts
vsiffomsa
fdaho
Mary^nd
Qregsn
Washington
g*fi8«si
^ruu
California Energy Commission (CEC).
CPUC Decision establishing energy savings goals for energy
efficiency program years 2006 and beyond; September 23,
2004.
CPUC Decision on energy efficiency spending - phase 1.
September 22, 2005.
California's "Energy Action Plan II," an implementation
road map for California energy policies.
Background and historical information on CPUC shared sav-
ings mechanism in the mid-1 990s and general energy efficien-
cy policies.
CPUC current rulemaking on energy efficiency policies.
Idaho PUC, Case No. IPC-E-04-15. Idaho Power-Investigation
of Financial Disincentives. This Web site summarizes regulato-
ry proceedings and workshop results regarding the
Commission's investigation of financial disincentives to energy
efficiency programs for Idaho Power under Case No. IPC-E-04-
15.
Maryland PUC, Gas Commodity Rate Structure reference.
Oregon PUC, Order on NW Natural Gas Decoupling. This order
reauthorized deferred accounting for costs associated with
NW Natural Gas Company's conservation and energy efficien-
cy programs.
WUTC, Natural Gas Decoupling Investigation. This Web site
describes the Commission's action to investigate decoupling
mechanisms to eliminate disincentives to gas conservation
and energy efficiency programs.
The Regulatory Assistance Project (RAP) has published sever-
al reports on decoupling and financial incentives.
v ir
>rf ojy iw gaW
r ca PI s>/Pt •? • ?
«.ecs i 858^128
$» Chapter 6. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Chan
Genera! Articles and Wab Sites About Utility Incentives far Demand-Side
Breaking The Consumption Habit: Ratemaking for Efficient Resource Decisions,
Carter, Sheryt, Natural Resources Defense Council (NRDC), original article from The
Electricity Journal, December 2001. This article describes the concept and history of
decoupling mechanisms and calls for re-examination of the mechanisms in order to
remove disincentive to deployment of distributed energy resources under the
restructured electric industry.
iPp #
r.'i
Direct Testimony of Ralph Cavanagh, NRDC, Wisconsin, 2005. Financial
Disincentives to Energy Efficiency Investment This testimony identifies financial
disincentives to the Wisconsin Power and Light Company's cost-effective energy
efficiency programs and identifies solutions.
Graniere, R. and A. Cooley. National Regulatory Research Institute. Decoupling and
Public Utility Regulation (publication no. NRRI94-14). August 1994. This report
explores the relationship between decoupling and public utilities regulation. One of
the conclusions is that decoupling could preserve the financial integrity of the utility
and protects the environment, but at the cost of a high probability of periodic
increases of electricity prices.: •
RAP. Decoupling vs. Lost Revenue: Regulatory Considerations, David Moskovitz,
Cheryl Harrington, Tom Austin, May 1992. •
This article identifies characteristics and distinctions between decoupling and lost
revenue recovery mechanisms and concludes that decoupling is preferable
because unlike the lost-base revenue approach, decoupling removes the utilities'
incentive to promote new sales and does not provide utilities with an incentive to
adopt ineffective DSM programs. .
Barriers to Energy Efficiency, presentation by Wayne Shirley, Director. This presen-
tation identifies barriers to energy efficiency programs, describes differences
between lost base revenue adjustments and revenue decoupling as ways to remove
such barriers, and presents other solutions for consumer advocates and regulators
to further promote energy'efficiency.
Clean Energy Policies For Electric and Gas Utility Regulators, IssuesLetter, January
2005. This article examines policy options for distributed energy resources (e.g.,
energy efficiency/renewable energy [EE/RE] and D6) and rate design, and also dis-
cusses the importance of regulatory financial incentives to support dissemination of
distributed energy resources.
Joint Statement of NRDC and American Gas Association on utility incentives for
energy efficiency.
Southwest Energy Efficiency Project (SWEEP). SWEEP is a non-profit organization
promoting greater energy efficiency in Southwest states.
Link to all State Utility Commission Web sites.
s /,'pst
8 r
t \x w -
Section 6.2. Utility Incentives for Demand-Side Resources
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
IfATE PARTNERSHIP
References
Bachrach, D., S. Carter and S. Jaffe, "Do Portfolio Managers Have An Inherent
Conflict of Interest with Energy Efficiency?" The Electricity Journal, Volume 17,
Issue 8, October 2004, pp. 52-62.
Biewald, B., T. Woolf, P. Bradford, P. Chernick, S. Geller, and J. Oppenheim. 1997.
Performance-Based Regulation in a Restructured Electric Industry. Prepared for the
National Association of Regulatory Utility Commissioners (NARUC) by Synapse
Energy Economics, Inc., Cambridge, MA. November 8.
CEC and CPUC. 2005. CEC and CPLJC. Draft Energy Action Plan II, Implementation
Roadmap For Energy Policies. July 27.
Eto, J., S. Stoft, and T. Beldon. 1993. The Theory and Practice of Decoupling. LBL-
34555. Lawrence Berkeley National Laboratory (LBNL). January.
Hansen, D.G. and S.D. Braithwait. 2005. Chrjstensen Associates. A Review of
Distribution Margin Normalization as Approved by the Oregon PUC for Northwest
Natural. March.
Contact:
Christensen Associates Energy Consulting, LLC
4610 University Avenue, Suite 700
Madison, Wisconsin 53705-2164
Phone: 608.-231-2266
Fax:608-231-2108
: $ Ell ^ISIil 1 $ l^llli rl I £1 Hi IE!
Mosovitz, D., C. Harrington, and T. Austin. 1992. Decoupling vs. Lost Revenue:
Regulatory Considerations. Other decoupling/financial incentives information. RAP,
Gardiner, ME. May.
NY PSC. 2005. Case 04-E-0572. Proceeding on Motion of the Commission as to the
Rates, Charges, Rules, and Regulations of ConEd, Order Adopting a Three-Year Rate
Plan. March 24. New York PSC.
Oregon PUC. 2002. Order No. 02-634, Application for Public Purposes Funding and
Distribution Margin Normalization. Oregon PUC. September 12:
P6&E et al. 2003. Motion of Pacific Gas and Electric Company, Office of Ratepayer
Advocates, The Utility Reform Network, Aglet Consumer Alliance, Modesto
Irrigation District, Natural Resources Defense Council and the Agricultural Energy'
Consumers Association for Approval of Settlement Agreement. A.02-11-017 et al.
San Francisco, Calif.: PG&E. September 15. Attachment A, p. 17
WUTC. 1993. WUTC, Docket Nos. UE-9Q1183-T and UE-901184.P. Puget Sound Power
& Light Company. Petition for order approving periodic rate adjustment mechanism
and related accounting, Eleventh Supplemental Order. September 21. WUTC Web
site.
t:;.;::»f^fiPP^^^^?^.P?f/|?«:fe^ii
:SO|p£li!!£M
• Chapter 6. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
6.3 Emerging Approaches:
Removing Uiiln.teri.ded
Barriers to Distributed
Generation
Policy Description and Objective
The unique operating profile of clean energy supply
projects (i.e., renewable and combined heat and
power [CHP])43 may require different types of rates
and different rate structures. However, if not properly
designed, these additional rates and charges can cre-
ate unnecessary barriers to the use of renewables
and CHP. Appropriate rate design is critical to allow
for utility cost recovery while also providing appro-
priate price signals for clean energy supply.
Customer-sited clean energy supply projects are usu-
ally interconnected to the power grid and may pur-
chase electricity from or sell to the grid. Electric util-
ities typically charge these customers special rates
for electricity and for services associated with this
interconnection. These rates include exit fees, stand-
by rates, and buyback rates. For more information on
interconnection, see Section 5.4, Interconnection
Standards.
As with interconnection, states can play an impor-
tant role in balancing the utility's need to recover
costs for services provided against the clean energy
project's benefits in the form of grid congestion
.relief, reliability enhancement, and emissions reduc-
tions. States are finding that strategically sited clean
energy supply can be a lower-cost way to meet
growing demand, particularly in grid-congested
areas.
The charges for services provided to interconnected
clean energy projects, the price paid for electricity
The state public utility commission (PUC), in
setting appropriately designed electric and
natural gas rates, can support clean distrib-
uted generation (DG) projects and avoid
unwarranted barriers, white also providing
appropriate cost recovery for utility services
on which consumers depend.
*s
sold to the grid, and the basic design of electric utili-
ty rates can have a significant effect on a project's
economic viability. For illustration, a 1.4 megawatt
(MW) CHP project's savings can range from $161,000
to $125,000 per month ($432,000 annual savings
differential), depending on the rate structures (see
Figure 6.3.1). This can make or break a project's
profitability.
Interconnection with the grid can serve a variety of
different needs that have potential rate impacts.
Depending on the specific renewable energy/CHP
system design, operating conditions, and the load
requirements of the end-user, the onsite clean ener-
; Effsct of Rsts Str«sture on
&gs Rsvemio for U MW CHP Preset
A-Onic Energy C-DKliningBlodi D - Biiic 0«
Type of Rate Structure
43 Unless otherwise stated, this document refers to smaller-scale, customer-sited DG, not large wind farms or large merchant electricity generators
using CHP. These large renewable and CHP systems interact with the electric grid more like central station plants and have different rate and grid
interaction issues than the technologies addressed here.
Section S3. Emerging Approaches: Removing Unintended Barriers to Distributed Generation
-------
EPA Clean Energy-Environment Guide to Action (Prepublieation Version)
gy system may provide anywhere from zero to
greater than 100% of the end-user's electricity needs
at any given moment. When the unit produces less
than the customer's full electricity requirements,
power from the grid is used to supplement (or supply
in full) the customer's electricity need. If the system
produces more than is required by the customer, it
may be able to export power back to the grid and
receive payment in return.
In nearly all clean energy supply installations-even
those sized to serve the customer's full electric
load-grid power may be needed at times due to a
forced outage, planned maintenance outage, or a
shut-down for economic reasons. Purchasing power
from the grid for these purposes is usually more
cost-effective than providing redundant onsite gen-
eration. Utilities typically charge special rates to pro-
vide this service, generically known as "standby
rates." Some utilities charge energy users an exit fee
when they reduce or end their use of electricity from
the grid.
In addition to electric rates, if natural gas is used to
fuel the CHP unit, gas rates will also affect the CHP
system economics. All of these rates can have a criti-
cal effect on the viability of clean energy projects
and can be addressed by states.
Rates Background
Under conventional electric utility ratemaking, elec-
tricity suppliers are paid largely according to the
amount of electricity they sell. If customers purchase
less electricity due to onsite generation projects (or
energy efficiency projects), the utility has less
income to cover its fixed costs. Utilities have applied
a variety of rates to recover reduced income due to
end-use efficiency, onsite generation or other
changes in customer operation or mix. States have
begun exploring whether these alternative rates and
charges are creating unanticipated barriers to the
use of clean energy supply.
These concerns and other results of electric restruc-
turing have triggered new proposals for rate designs
that "decouple" utility profits from sales volume. One
category of such approaches is "performance-based"
rates, which base the utility's income on its efficien-
cy, rather than simply sales volume. This is one of
several strategies that states are applying to avoid
undue barriers and to provide appropriate price sig-
nals for renewable and CHP projects that balance the
rate impacts on utilities with the societal benefits
(including electric grid benefits) of renewable and
CHP generation. For more information on decoupling
utility profits from electric sales, see Section 6.2,
Utility Incentives for Demand-Side Resources.
Some of the specific rate issues that states are
addressing include:
• Exit Fees. When facilities reduce or end their use
of electricity from the grid, they reduce the utili- .
ty's revenues that cover fixed costs on the system.
The remaining customers may eventually bear
these costs. This can be a problem if a large cus-
tomer leaves a small electric system. Exit (or
stranded asset recovery) fees are typically used
only in states that have restructured their electric
utility. To avoid potential rate increases due to the
load loss, utilities sometimes assess exit fees on
• departing load to keep the utility whole without
shifting the revenue responsibility for those costs
to the remaining customers.
States may wish to explore whether other meth-
ods exist to make utilities whole. Because many
factors affect utility rates and revenues (e.g., cus-
tomer growth, climate, fuel prices, and overall
economic conditions), it does not naturally follow
that any reduction in load will necessarily result in
cost increases.
Some states that have restructured their electric
industry have imposed exit fees as a means to
assure recovery of a special category of historic
costs called "stranded costs or stranded asset
recovery." In some states, such as Texas, these
"competitive transition charges" have expired as
the restructuring process is completed. States have
exempted CHP and renewable projects from these
exit fees to recognize the economic value of these
projects, including their grid'congestion relief and
reliability enhancement benefits. For example.
Chapter 6. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
PARTNERSHIP
Massachusetts and Illinois exempted some or all
CHP projects from their stranded cost recovery
fees.
• Standby and Related Rates. Facilities that use
renewables or CHP usually need to provide for
standby power when the system is unavailable due
to equipment failure, during periods of mainte-
nance, or other planned outages.
Electric utilities often assess standby charges on
onsite generation to cover the additional costs
they incur as they continue to provide adequate
generating, transmission, or distribution capacity
(depending on the structure of the utility) to sup-
ply onsite generators when requested (sometimes
on short notice). The utility's concern is that the
facility will require power at a time when electric-
ity is scarce or at a premium cost and that it must
be prepared to serve load during such extreme
conditions.
The probability that any one generator will require
standby service at the exact peak demand period
is low and the probability that all interconnected
small-scale DG will all need it at the same time is
even lower. Consequently, states are exploring
alternatives to standby rates that may more accu-
rately reflect these conditions.
States are looking for ways to account for the
normal diversity within a load class44 and consider
the probabilities that the demand for standby
service will coincide with peak (highTcost) hours
versus the benefits that CHP and renewables pro-
vide to the system.
* Buyback Rates. Renewable and CHP projects may
have electricity to sell back to the grid, either
intermittently or continuously. The payment
received for this power can be a critical compo-
nent of project economics. The price at which the
utility is willing to purchase this power can vary
widely. It is also affected by federal and state
requirements.
The Public Utilities Regulatory Policy Act (PURPA)
sets standards for buyback rates at the utility's
avoided cost (i.e., the cost of the next generating
resource available to the utilities). When large
renewable or CHP generators have open access to
wholesale electricity markets, they usually have
access to competitive markets for both appropriate
sales and purchase of electricity, including standby
services. These markets usually include the value
of both the energy and transmission, whereas the
latter is usually not included in regulated rates. In
regulated markets, states are1 responsible for help-
ing'generators and utilities establish appropriate
buyback rates.
Net metering regulations allow small generators
(typically renewable energy up to 100 kW45) a
guaranteed purchase for their excess generation at
a distribution utility's retail cost. While this price
is higher than the utility wholesale cost of elec-
tricity, it also includes the cost of delivery and is
typically seen as a reasonable rate for small gener-
ators. Net-metering programs typically also
address interconnection in a simple way, which is
appropriate for small renewable projects. (For
more information on net metering, see Section 5.4,
Interconnection Standards.)
Gas Rates for CHP Facilities. Some states, including
New York and California, have established special
• favorable natural gas rates for CHP facilities. For
example, New York has frozen gas rates for DG
facilities until at least 2007 to provide economic
certainty to developers.
A key state PUC objective is to ensure that con-
sumers receive reliable power at the lowest cost. In
approving rates, the PUC can support renewable and
CHP projects and avoid unanticipated barriers, while
also providing appropriate cost recovery for the utili-
ty services on which consumers depend.
For example, some industrial facilities run three-shift per day operations while others only run one shift per day. This would lead to a three-fold dis-
parity between 'peak and minimum power demand in two otherwise identical facilities.
Note ihatthe definition of a renewable resource varies by state.
Section 63. Emerging Approaches: Removing Unintended Barriers to Distributed Generation
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Appropriately designed rates can promote the devel-
opment of CHP and renewables, leading to enhanced
reliability and economic development while protect-
ing utility ratepayers from excessive costs.
The benefits of increasing the number of clean OG
projects include expanding economic development,
reducing peak electrical demand, reducing electric
grid constraints, reducing the environmental impact
of power generation, and helping states achieve suc-
cess with other clean energy initiatives. The applica-
tion of 06 in targeted load pockets can reduce grid
congestion, potentially deferring or displacing more
expensive transmission and distribution infrastruc-
ture investments. A 2005 study for the California
Energy Commission (CEC) found that strategically
sited DG yields improvements to grid system efficien-
cy and provides additional reserve power, deferred
costs, and other grid benefits (Evans 2005). Increased
use of clean DG can slow the growth-driven demand
for more power lines and power stations.
Renewable or CHP
As of early 2005, several states have evaluated or
have begun to evaluate utility rate structures and
have made changes to promote CHP and renewables
as part of their larger efforts to support cost-effec-
tive clean energy supply as an alternative to.expan-
sion of the electric grid. This type of work is typically
conducted by the state PUC through a formal process
(docket or rulemaking) that allows input from all
stakeholders:
California and New York have established revised
standby rate structures that are more favorable to
CHP and renewables. Another state has found that
designing a standby rate structure that bases the
charges on the onsite generator's capacity rather
than the amount of capacity supplied (thus creating
a high charge even if there is no outage) has resulted
in a dramatic decline in the number of CHP projects
proposed where this rate exists.
Some states have incorporated exit fee exemptions
into their electric restructuring programs for existing
loads that leave a utility's distribution system. For
example, Illinois, Massachusetts, and New York allow
certain exit fee exemptions for loads that are
replaced by clean onsite generation, specifically CHP
and renewables.
More than 30 states have net metering regulations
that provide a guaranteed purchase of small genera-
tors' excess generation at the distribution utility's
retail cost.
Two states have established special gas rates for
electric generators, including CHP projects. California
has implemented special gas tariffs for all electric
generators. In 2003, the New York Public Service
Commission (PSC) ordered natural gas companies to
create a rate class specifically for DG users and certi-
fy that they had removed rate-related barriers to DG.
Designing Fair and Reasonable
Utility Rates for Clean Energy
Supply
States consider a number of key elements as they
develop new strategies that ensure utility rates allow
renewables and CHP to complete on aMevel playing
field and that recognize their benefits while provid-
ing a reliable electric system for consumers and ade-
quate cost recovery for utilities.
State PUC. Rates typically are approved by the
state PUC during a utility rate filing or other relat-
ed filing. The PUC staff is the focal point for eval-
uating costs and benefits to generators, utilities,
consumers, and society as a whole. Many PUCs
conduct active rate reviews in order to maintain
consistency with changing policy priorities.
Utilities. Utilities play a critical role in rate-setting.
Their cost recovery and overall economic focus has
historically revolved around volumetric rates that
reward the sale of increased amounts of electrici-
ty. Anything that reduces electricity sales (includ-
ing clean DG, energy efficiency, and departing
Chapterfi. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTIIERtNIP
load) also reduces utility income and may make it
more difficult to cover fixed costs if the fixed
components of existing tariffs are not calculated
to match utility fixed costs. This creates a disin-
centive for utilities to support such projects. New
ways of setting rates (e.g., decoupling or perform-
ance-based rates) can make utility incentives con-
' sistent with those of clean energy developers and
policymakers. (For more information on policies
that can serve as utility incentives for clean ener-
gy, including decoupling utility profits from elec-
tric sales, see Section 6.2, Utility Incentives for
Demand-Side Resources.)
Renewable Energy and CHP Project Developers.
Project developers establish the benefits of clean
technology and the policy reasons for developing
rates that encourage their application. They par-
ticipate in rulemakings and other proceedings,
where appropriate.
Regional Transmission Organizations (RTOs) or
Independent System Operators (ISO). While not
directly involved in utility rate-setting, these enti-
ties manage electricity infrastructure in some
regions of the country. They interact with CHP and
renewable generators and may also be involved in
ratemaking discussions.
State Energy Offices, Energy Research and
Development Agencies, and Economic Development
Authorities. These state offices often have an
interest in encouraging renewables and CHP as a
strategy to deliver a diverse, stable supply of rea-
sonably priced electricity. They may be able to pro-
vide objective data on actual costs and help bal-
ance many of the issues that must be addressed.
Current and Future Energy and CHP Users. Energy
users have a considerable stake in the rates dis-
cussion. In some states, users are encouraged by
the PUC to participate in utility hearings. They can
also provide input on required rates and technical
requirements and help recommend policies to
accommodate utility needs.
Interaction with Federal Policies
PURPA Sec. 210 regulates interactions between elec-
tric utilities and renewable/CHP generators that are
Qualifying Facilities (QFs).46 PURPA played a role in
structuring these relationships, most notably in
developing the concept of rates based on avoided
cost. In non-competitive markets, QF status may be'
the only option for non-utility generators to partici-
pate in the electricity market.
Interaction with State Policies
Designing utility rates to support clean energy can
be coordinated with other state policies.
• Ratemaking issues are often closely tied to a
state's electric restructuring status. For example,
exit fees typically exist only in restructured states.
When generators have open access to electric
markets, they can often provide for their own
standby services through the market. This is espe-
cially true for larger generators that can negotiate
market rates.
• States have explored decoupling utility returns
from the volume of electricity sold. This issue
addresses the basic divergence of interest between
utilities and onsite generators and can be very
important when examining rates for clean DG. (For
more information on decoupling, see Section 6.2,
Utility Incentives for Demand-Side Resources.)
• If a renewable portfolio standard (RPS) and/or a
public benefits fund (PBF)/clean energy fund are in
place, unreasonable standby rates and exit fees •
may unintentionally hamper their success by ren- .
dering clean energy projects uneconomical. (See
Section 5.1, Renewable Portfolio Standards, and
Section 5.2, Public Benefits Funds for State Clean
Energy Supply Programs).
48 A qualifying facility is a generation facility that produces electricity and thermal energy and meets certain ownership, operating, and efficiency cri-
teria established by the Federal Energy Regulatory Commission (FERC) under PURPA.
Section 6.3. Emerging Approaches: Removing Unintended Barriers to Distributed Generation
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
• States may consider working with utilities to offer
credits to customer-sited clean energy supply in
areas of high grid congestion. This can be the
most cost-effective strategy to reduce chronically
high congestion costs.
Program implementation and
Evaluation
Addressing rate issues requires different solutions
depending on the status of electricity restructuring
in each state and other characteristics of the local
generating mix and regulatory situation. This section
describes some of the issues that states have consid-
ered as they undertake the task of developing rates
that support clean energy technologies.
Administering Body
Rate-appropriate decisions are almost always within
the purview of a state's PUC. However, many state
PUCs do not regulate municipal and cooperative util-
ities standby rates. (Vermont is an example of a state
where PUCs do regulate municipal utilities standby
rates.) While PUCs are familiar with many of the tra-
ditional rate issues, some states are beginning to
explore new approaches to balance rate reasonable-
ness with utility cost recovery, particularly for clean
energy supply.
Key Issues in Ensuring Rate Reasonableness
• States are attempting to ensure that rates are
based on accurate measurement of costs and ben-
efits of clean DG, and further that such costs and
benefits are distinct from those already common
to the otherwise applicable rate classification. For
example, California has funded a study that inves-
tigates whether DG, demand response, and local-
ized reactive power sources enhance the perform-
ance of an electric power transmission and distri-
bution system. This report presents a methodology
to determine the characteristics of distributed
energy resource projects that enhance the per-
formance of a power delivery network and quanti-
fy the potential benefits of these projects (Evans
200S).
The following best practices, based en stats expert-
fctefes, tan help state* !mpteffl««mte$&at support
CHP and realisable energy,
* Ejsa re that state pjUC eammi$$i0n£rs an<) siaff feave
current suit accurate inforinat'toti regarding this fate
. issues {or CHP and renewabtes and their potanSai
benefits for the generation systeau These new teeh*
rtoi&gi&s «3y not have b$en sonstdeffld far tsjtes
thatwere developed before ttja more widespread ,
application of renewable energy and CHB ..:•
» Dpen a g&nertc PUC docket to explore the actual
o osts and system benefits of onstte clean energy
svppiir and rate r$s$0mtiJtenes& tf thm iss«e$
cannotbe addressed under an existing open docket
» Coordinate with other state agencies that can tend -
suppert. State energy offices, energy research and
offices can be important sources of objective data
on set uaf costs and benefits of ensita generation.
States may wish to explore ways to ensure that
the benefits of clean DG that can accrue to the
upstream electricity grid are reflected in rates.
These benefits include increased system capacity,
potential deferral of transmission and distribution
(TEtD) investment, reduced system losses, improved
stability from reactive power, and voltage support
In restructured states, these benefits may be
external to the regulated utility, but it is important
that rates capture these elements to ensure opti-
mum capital allocation by both regulated and
unregulated parties.
States conduct annual program evaluation of the
value of standby rates in encouraging CHP. Such
rigorous program evaluation may impose costs and
resource requirements on state PUCs.
Chapters. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
tion Engrgy£B«to>i«!«Bt
STATE >>»RTNER««I*
State Examples
Illinois
In Illinois, a utility can assess exit fees for stranded
costs until December 31, 2006. The rule is fairly
stringent and specific about the instances that trig-
ger this fee. The rule does, however, provide an
exemption for D6 and CHP. A departing customer's
D6 source must be sized to meet its thermal and
electrical needs with all production used on site.
Web site:
DocNa?r(€»0220oOSGHArt%2!:-tXVI£lAct!D=1277cl
Pub!ic*Uti!i!:ie$+Aci%2£
Massachusetts
In Massachusetts, exit fees can be assessed for DG
applications greater than 60 kilowatts (kW).
Renewable energy technologies and fuel cells are
exempt, regardless of their power rating.
Massachusetts' restructuring law, however, specifi-
cally provides that distribution companies cannot
charge exit fees to renewable or DG facilities unless
certain conditions are met. These specified conditions
include a prerequisite that the utility must see a
"significant" revenue loss from non-utility genera-
tion. "Significant" is not defined and has led to
unnecessary tension between utilities and DG users
on issues of meter ownership and generator perform-
ance reporting.
Web site:
36- !OG/crnr11 -2.pdf
California
There are several types of exit and transition fees in
the California market, and they are handled differ-
ently depending on the specific utility. Fee exemp-
tions exist for various classes of renewable and CHP
systems, including:
•. Systems smaller than 1 MW that are net metered
or are eligible for California Public Utilities
Commission (CPUC) or CEC incentives for being
clean and super-clean.
• Ultra-clean and low-emission systems that are 1
MW or greater and comply with California Air
Resources Board (CARB) 2007 air emission stan-
dards.
• Zero emitting, highly efficient (> 42.5%) systems
built after May 1,2001.
California
California Senate Bill 28 IX (passed in April 2001)
requires utilities to provide DG customers with an
exemption from standby reservation charges, the
exemptions apply for the following time periods:
• Through June 2011 for customers installing CHP-
related generation between May 2001 and June
2004.
• Through June 2006 for customers installing non-
CHP applications between May 2001 and
September 2002.
•'Through June 2011 for "ultra-clean" and low-
emission DG customers 5 MW and less installed
between January 2003 and December 2005.
California utilities submitted DG rate design applica-
tions in September 2001. A docket was opened to
allow parties to file comments on the utility's pro-
posals in October and November 2001. After a year,
the CPUC decided to incorporate rate design propos-
als into utility rate design proceedings. Each utility's
rate case is different, but in general, the rate design
includes a contracted demand with high fixed
charges.
Section 6.3. Emerging Approaches: Removing Unintended Barriers to Distributed Generation
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STUTi PARtNERIHIP
New York
In July 2003, the New York PSC voted to approve
new standby rates for utilities' standby electric deliv-
ery service to DG customers and standby service to
independent wholesale electric generating plants
that import electricity as "station power" to support
their operations ,(NYPSC Case 99-E-1470).47 A key
consideration was for the rates to result in onsite
generation running when it is less expensive than
purchasing power from the grid.
Under the guidelines previously adopted by the New
York PSC, standby rates are expected to reflect a
more cost-based rate design that.avoids relying on
the amount of energy consumed (per-kilowatt-hour,
or kWh) to determine the charges for delivery serv-
ice. Instead, the new rates recognize that the costs
of providing delivery service to standby customers
should more accurately reflect the size of the facili-
ties needed to meet a customer's maximum demand
for delivery service at any given time. This varies not
with the volume of electricity delivered, but primarily
with the peak load (per-kilowatt) that must be deliv-
ered at any particular moment
For certain categories of standby customers, the New
York PSC voted to approve a series of options for the
transition to the new rate structure. Specifically, pre-
existing D6 customers are offered two options. They
can either shift immediately to the new standby rate
or continue under the existing rate for four years and
then phase into the standby rate over the next four
years. Because the new rates align the customer cost
with the potential benefit of onsite power to the
grid, there are some cases in which it is more favor-
able for customers to opt in to the new rates, which
also provide greater reliability to the grid.
Recognizing the environmental benefits of certain
energy sources, customers that begin DG operations
between August 1, 2003. and May 31, 2006, and use
certain environmentally beneficial technologies or
small CHP applications of less than 1 MW, can
choose among three options. They cari elect to
remain on the current standard rate indefinitely, shift
immediately to the new standby rate, or opt for a
five-year phase-in period beginning on the effective
date of the new standby rates.
Web site:
Webf-'ikHoom.nsf/We&KearcrtViewlWIew*
Gas Bates for 08 Customers
New York
The New York PSC directed electric utilities to con-
sider DG as an alternative to traditional electric dis-
tribution system improvement projects. The
Commission also recognized that increased gas use
for DG can create positive rate effects for gas con-
sumers by providing increased coverage of fixed
costs. They therefore ordered natural gas companies
to create a rate class specifically for DG users. The
ceilings for these rates are to be frozen'until at least
the end of 2007 to enable the emerging DG industry
to predict gas rates for an initial period of time.
Web site:
1GQ75S3SD/$R!edoc1l651.pdf?Operi Element
What States Can Do?
Action Steps for States
States have chosen a wide variety of approaches and
goals in developing their rates. The "best practices"
common among these states have been explored
above. Suggested action steps are described below.
u The new rates do not apply to Niagara Mohawk, which had previously submitted-and gained approval for-a standby rate external to this process.
The Niagara Mohawk rata is less favorable to DG than the rate described herein, and presents an on-going barrier to DG deployment in their serv-
ice territory.
Ist- Chapter 6. Utility Planning and Incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
CI»nE
STATE P»RINEH«Hlf
States that Have Addressed Rates for
Renewable* or CHP
A top priority after establishing rates is to identify
and mitigate issues that might adversely affect the
success of the rates. States can:
• Monitor utility compliance and impact on rate
payers. Significant, unanticipated or adverse
impacts on rate payers can be addressed through
implementing or adjusting cost caps or other
appropriate means.
• Monitor the pace of installation of new renewable
resources and CHP to make sure that the rates are
working.
States that Have Not Addressed Rates for
Renewables or CHP
States have found that political support from PUC
officials and staff is helpful in establishing appropri-
ate rates. Once general support for goals has been
established, a key step is to facilitate discussion and
negotiation among key stakeholders toward appro-
priate rate design. More specifically, states can:
Ascertain the level of general interest and support
for renewable energy and CHP in the state among
public office holders and the public. If awareness
is low, consider implementing an education pro-
gram about the environmental and economic ben-
efits of accelerating the development of renewable
energy and CHP.
Identify existing renewable portfolio standards or
other policies in place or pending that might be
significant drivers to new onsite clean energy sup-
ply. The rate issue may arise in that context.
Establish a working group of interested stakehold-
ers to consider design issues and develop recom-
mendations for favorable rates.
Open a generic PUC docket to explore actual costs
and system benefits of onsite clean energy supply
and rate reasonableness.
Section 63. Emerging Approaches: Removing Unintended Barriers to Distributed Generation
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATt PARTNERSHIP
Information Resources
Federal Resources
1h8 U,S, ERvSrcnmeritsS Fr&testlon Agency's $P&'s) CHP Psffswafcli} is a voluntary
program that seeks to reduce the environmental impact of energy generation by
promoting the use of CHP. The Partnership helps states identify opportunities for
policy development (energy, environmental, economic) to encourage energy effi-
ciency through CHP and can provide additional assistance to states in assessing
and implementing reasonable rates.
General Articles About Rstemaking
Regulatory Assistance Project (RAP)
8*SlrieJty Trassssissfom A ?drasr. This Regulatory Assistance Project (RAP) publi-
cation was prepared for the National Council on Electric Policy in connection with
the Transmission Siting Project. The primer is intended to help policymakers under- :5;*ElEvI|$£iT^f$i
stand the physics, economics, and policies that influence and govern the electric t'^f:^.----^:f:f.:'^M:^^:
transmission system.
Aeesmmodslfoa Distributed Resources in the Whotesste fcfafcst This RAP publica- pp
tion examines the different functions that distributed resources can perform and the |pii:
barriers to these functions. Policy and operational approaches to promoting distrib-
uted resources in wholesale markets are identified.
£n$r§¥ Efficacy's Nsxi SenwaliGfi: -nnwstisn at t*« State Lsvel. American
Council for an Energy-Efficient Economy (ACEEE), report number E031, November ,.,.....
inno l':-::l-::-"'M
axis.
Othar Bssourees
The U,§,Gombm$d Hsatstid Pcswr Associate SUSCHP&J brings together diverse
market interests to promote the growth of clean, efficient CHP in the United States.
USCHPA can assist states in rate design.
Reguteisry R$qt!ir«s*8E)& PststeK for §&m!l OsJiWrstei-a. On-line database of regu-
latory information for small generators. Includes information on standby rates and
exit fees, as well as environmental permitting and other regulatory information.
Chapter 6. Utility Planning and incentive Structures
-------
EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PAHTNEBSHIP
Examples of State legislation and Program Proposals
238 SLCS §/ Pijblse Utlittiss Act Efsctsis Ssrvsss Casismer
Cholcs Afsd RSJS Rslssf law of I§S7. This legislation provides plfi i|||||ilppppfl2l
ix»:K<«*-:i-x^«™«^*^~^^xnx*±^~>
an example of exit fee provisions that encourage CHR
&6Cttte fndssstry. This legislation provides an example of exrt jllilslS;pi||||Epli|pKii:|ll|||IP?
fee provisions that encourage CHR • jJltltil?ii;l^iit^iiilllillMlllillillllli
References
EEA. 2005. Energy and Environmental Analysis Inc. (EEA1
Evans, P.B. 2005. Optimal Portfolio Methodology for Assessing Distributed Energy
Resources Benefits for the Energynet. CEC, PIER Energy-Related Environmental,
Research. CEC-500-2005-061-D.
Section 63. Emerging Approaches: Removing Unintended Barriers to Distributed Generation
-------
-------
-------