tf?f ,&,+.$,* ', 't  f  *  -i 'j  >sfX7sf.*  f * ,

-------
EPA Clean Energy-Environment Guide to Action
This prepublication version of the Clean Energy-Environment Guide to
Action has been provided to the public to facilitate timely access to the
report's contents. The substance of the Guide to Action is final. However,
EPA will makeadditional editorial changes and check the citations prior to
publication.

-------
                                EPA Clean Energy-Environment Guide to Action (Prepublication Version)

Table of Contents
                                                                                           ST1IE PARTNERSHIP
 Prsfses ,, >,	 Hi

                	,.1	,,.,.,	,—•	,«,,	iv

 List of Tabiss  .,-,...	«—	>,.,..,		,,,.,„.«,,	 vi

 Key Acronyms	,	,., v«

 Executive Summary	 —.,, ES-1

 Chapter 1: Introduction and Background  	.,.«...,'«,....	 1-1

 Chapter 2: Developing s Clean Energy-Environment Action Plan 	, —,	, >, 2-1

 Chapter 3; State Planning and Incentive Structures	3-1
   Section 3.1: Lead by Example	3-3
   Section 3.2: State and Regional Energy Planning	3-28
   Section 3.3: Determining the Air Quality Benefits of Clean Energy—	3-47
   Section 3.4: Funding and Incentives.	3-64
 Chapter 4: Energy Efficiency Actions	„	 —„.,,	4-1
   Section 4.1: Energy, Efficiency Portfolio Standards	4-3
  . Section 4.2: Public Benefits Funds for Energy Efficiency	4-19
   Section 4.3: Building Codes for Energy Efficiency 	4-37
   Section 4.4: State Appliance Efficiency Standards	4-54
 Chapter S: Energy Supply Actions  	,«...,	,	,	.,«,,., &-1
   Section 5.1: Renewable Portfolio Standards	.5-3
   Section 5.2: Public Benefits Funds for State Clean Energy Supply Programs  	5-21
   Section 5.3: Output-based Environmental Regulations to Support Clean Energy		5-32
   Section 5.4: Interconnection Standards	._	5-43
   Section 5.5: Fostering Green Power Markets  	5-59
 Chapter 6: Utility Planning and incentive Structures	 —, „..,. ,,.„..,	8-1
   Section 6.1: Portfolio Management Strategies	6-3
   Section 6.2: Utility Incentives for Demand-Side Resources	6-25
   Section 6.3: Emerging Approaches: Removing Unintended Barriers to   .
     Distributed Generation	6-41
 Appsndioss	,«...,.,.„,<...,..,.	,,,„.,<	,	...,,.,.,,..,,.,.,,.,.,,,. XX
   Appendix A: Federal Clean Energy Programs  	XX
   Appendix B: Energy Efficiency Program Resources	XX
   Appendix C: Clean Energy Supply: Technologies, Markets, and Programs	XX

> Table of Contents

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I
                           EPA Clean Energy-Environment Guide to Action (Prepublication Version)
           Sr/IFE PARTNERSHIP
                   Acknowledgements
                   The Environmental Protection Agency would like to
                   acknowledge the many individual and organizational
                   researchers, government employees, and consultants
                   whose efforts helped bring this extensive report to
                   fruition. The following key contributors and reviewers
                   provided significant assistance:

                   Neil Elliott, Marty Kushler, Bill Prindle, and Dan York,
                   of the American Council for an Energy Efficient
                   Economy; Andrew DeLaski, Appliance Standards
                   Awareness  Project; Gwen Fuert.es and David Weitz,
                   Building Codes Assistance Project; Sylvia  Bender,
                   Michael Martin, and Mike Messenger, California
                   Energy Commission; Lainie Motamedi and Brian
                   Prusnek, California Public Utilities Commission; Lew
                   Milford, Clean Energy States Alliance; Bryan Garcia,
                   CT Clean Energy Fund; Chris James, Connecticut
                   Department of Environmental Protection; James Bush
                   and John Davies, Kentucky Office of Energy Policy;
                   Michelle New, National Association of State Energy
                   Officials; Matthew Brown, National Conference of
                   State Legislatures; Blair Sweezey, National
                   Renewable Energy Laboratory; Ralph Cavanagh and
                   Oevra Wang, Natural Resources Defense Council;
                   Paul DeCotis, New York State Energy Research and
                   Development Authority; Sara Ward, Office of Energy
                   Efficiency, Ohio Department of Development; Cheryl
                   Harrington, Rich Sedano, and Rick Weston,
                   Regulatory Assistance Project; Scott Weiner, Rutgers
                   University;  Colin Murchie and Rhone Resch, Solar
                   Energy Industries Association; Amy Royden-Bloom,
                   STAPPA-ALAPCO;  Pierre Landry. Southern California
                   Edison; Howard Geller, Southwest Energy Efficiency
                   Project; Theresa Gross, Texas Public Utility
                   Commission; Sean Casten, Turbosteam Corporation;
                   Dan Beckley, Jean J, Boulin, Jerry Kotas, Larry
                   Mansuetti,  and Linda Silverman, U.S. Department  of
                   Energy; John Byrne and Noah Toly, Center for Energy
                   and Environmental Policy, University of Delaware;
                   and Suzanne Watson, Watson Strategy Group.
The Guide to Action was developed by the Climate
Protection Partnerships Division in EPA's Office of
Atmospheric Programs. Steve Dunn managed the
overall development of the Guide to Action. EPA staff
who contributed to the Guide are listed below by
section of the Guide to Action:

• Developing a  Clean  Energy-Environment Action
  Plan: Nikolaas Dietsch and Denise  Mulholland

• State Planning and  Incentive Structures: Art Diem,
  Steve Dunn, Sue Gander, Caterina  Hatcher, Laura
  Helmke, and Edgar Mercado

• Energy Efficiency Actions: Art Diem, Nikolaas
  Dietsch, Sue Gander, Maureen McNamara, and
  Sam Rashkin

• Energy Supply Actions: Joe Bryson, Kurt Johnson,
  Tom Kerr, and Katrina Pielli

• Utility Planning and Incentive Structures: Stacy
  Angel, Joe Bryson, Sue Gander, Tom Kerr, and
  Katrina  Pielli.

A multi-disciplinary team of energy and environmen-
tal consultants provided research, analysis, and tech-
nical support for this project. They include: Eastern
Research Group (Lynne Agoston, Sue Eisenfeld, and
Scott Warner); Energy and Environmental Analysis
(Joel Bluestein); Kajal  B. Kapur; Navigant Consulting,
Inc. (Lisa Frantzis, Shannon Graham,  and  Ryan
Katofsky); Stratus Consulting (Nimmi Damodaran,
Chuck Herrick, Joanna Pratt, and Heidi Ries); Summit
Blue (Kevin Cooney); and Synapse Energy Economics,
Inc. (Bruce Biewald. Bob Fagan, Lucy Johnston, Geoff
Keith, Amy Roschelle,  and Bill Steinhurst).
                                                                                                        Acknowledgements

-------
                                  EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Preface
                                                                                                ST«IE PARTNERSHIP
The Dean Energy-Environment Guide to Action is a
cornerstone of EPA's Clean Energy-Environment State
Partnership, a voluntary program to help states
incorporate clean energy into a low-cost, clean, and
reliable energy system. The Guide to Action provides
in-depth  information about 16 clean energy policies
and programs that states are using to meet their
energy, environmental, and economic objectives.
Each policy description is based  on states' experi-
ences in designing and implementing policies that
enhance energy efficiency and/or increase the use of
renewable energy and clean distributed generation
(including combined heat and power). States have
found that these 16 clean energy policies and  pro-
grams  offer numerous opportunities to save energy,
improve air quality,  reduce greenhouse gas emissions,
improve system reliability and security, and enhance
economic development.
The Guide to Action is intended for use by state ener-
gy, environment, and economic policymakers and
public utility commissions. States participating in  the
Clean Energy-Environment State Partnership will use
the Guide to Action to develop a Clean-Energy
Environment Action Plan for employing existing and
new clean energy policies to increase their use of
clean energy. Other states are also encouraged to  use
the Guide to Action to examine the role clean energy
can play. Any comments, questions, and corrections
related to the Clean Energy-Environment Guide to
Action and the State Partnership Program can be
directed -to the contacts provided in the Guide to
Action on page  ES-29.
  Preface

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r
                          EPA Clean Energy-Environment Guide to Action (Prepublication Version)
           STATE PARTNERSHIP
                   List of Figures
                     &c8CMi3¥0 Summary
                       Figure ES.1: Clean Energy is Competitive with Fossil Fuel Generation Technologies	ES-2
                     Chapter 1: Introduction and Background
                       Figure 1.1a: Nonattainment Areas Ozone (8-hour)	1-3
                       Figure 1.1 b: Nonattainment Areas PM2 5 .:	1-3
                       Figure 1.2a: Energy Savings from California's Energy Efficiency Programs	1-5
                       Figure 1.2b: Comparison of Energy Efficiency Program Costs to Supply
                         Generation Costs (2000 to 2004)	 1-5
                       Figure 1.3: Clean Energy is Competitive with Fossil-Fuel Generation Technologies	1-7
                     Chapter 2: Developing a Clean Energy-Envimnrnsnt Action Plan
                       Figure 2.1: Tools and Resources for Assessing the Benefits of Clean Energy	2-6
                       Figure 2.2: Sample Outline for a Clean Energy-Environment Action Plan	;. 2-8
                     GSiapter 3: Stats Planning snd incentive Structures
                       Figure 3.3.1: Map of Interconnections	3-50
                       Figure 3.3.2: NOX and S02 Emissions by Capacity	3-50
                       Figure 3.3.3: Historical Emissions Data	3-51
                       Figure 3.3.4: Estimated NOX Reductions from Energy Efficiency/Renewable Energy (EE/RE)	3-56
                       Figure 3.3.5: Marginal Emission Rates in  Wisconsin	3-57
                       Figure 3.4.1: States with Revolving Loan  Funds for Renewable Energy	3-66
                       Figure 3.4.2: States with Grant Programs for Renewable Energy	3-68
                       Figure 3.4.3: Grid-Connected  PV Capacity Installed in California	3-82
                     Chapter 4: Energy Effioiensy Actions
                       Figure 4.1.1: States that Have Adopted or Are  Developing EEPS	4-5
                       Figure 4.2.1: Cost of Energy Saved ($/kWh) for Six State Public Benefits Funds	4-20
                       Figure 4.2.2: States with  PBFs for Energy  Efficiency	4-20
                       Figure 4.2.3: Rate-Payer-Funded Energy Efficiency Programs	4-21
                       Figure 4.3.1: States with Residential and Commercial Building Energy Codes	4-39
                       Figure 4.4.1: States with or Considering Appliance Standards	4-56
                       Figure 4.4.2: Load Savings from Appliance Efficiency Standards as Compared to Other
                         Energy Efficiency Programs in California	4-56
                                                                                                             List of Figures

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                                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                               ST«fE PABTKEflSHIP
Chapter S; Ensrgy Supply Actions
  Figure 5,1.1a: Projected New Renewable Capacity by 2015 Attributable to Existing RPS Requirements
    (California compared to all other states)	5-3
  Figure 5.1.1b: Projected New Renewable Capacity by 2015 Attributable to Existing RPS Requirements
    (breakout of all other states)	5-3
  Figure 5.1.2: A Sampling of Cost of RPS Requirements to Ratepayers	5-5
  Figure 5.1.3: States with RPS Requirements	5-5
  Figure 5.1.4: State RPS Requirements	5-6
  Figure 5.1.5: Eligible Technologies  under State RPS Requirements	5-7
  Figure 5.1.6: Illustration of Renewable  Energy Credits (RECs) and Power Markets	5-10
  Figure 5'.2.1: Estimated 2005 Funding Levels for State Renewable Energy  Programs	5-22
  Figure 5.2.2: Map of State Renewable Energy Funds	-.	 5-23
  Figure 5.3.1: CHP System Efficiency	'.	5-34
  Figure 5.4.1: States with DG Interconnection Standards	5-44
  Figure 5.4.2: States with Net Metering  Rules	5-45
  Figure 5.5.1: Renewable Energy Capacity Added to Meet Voluntary Green Power Demand Through 2004 5-60
  Figure 5.5.2: States with Utility Green Pricing Programs	5-62
  Figure 5.5.3: States with Competitive Green Power Marketing	5-62
Chspter 6: Utility Perming and Incentive Structures
  Figure 6.1.1: A Laddered Approach to Default Service Contracts Offers Flexibility and Price Stability	6-6
  Figure 6.3.1: Effect of Rate Structure on Electric Savings Revenue for 1.4 MW CHP Project	6-41
List of Figures

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       EPA Clean Energy-Environment Guide to Action (Prepublication Version)
List of Tables
  Executive Summary
   Table ES.1: Summary of Clean Energy Policies by Type of Clean Energy	ES-5
   Table ES.2: Summary of Clean Energy Policies	ES-6
   Table ES.3: Federal, State, and Nonprofit Resources for Enhancing State Clean Energy Programs	ES-24
  Chapter 1; Introduction and Background
   Table 1.1: 2003 Energy Efficiency Spending as a Percentage of Utility Revenues	'.	1-8
   Table 1.2: Summary of Clean Energy Policies	1-10
  Chapter 3: State Planning and incentive Structures
   Table 3.1: State Planning and Incentive Structures	3-2
   Table 3.1.1: State of Colorado Performance Contracting Results Through June 2003 ($ Millions)	3-15
   Table 3.3.1: Existing Policies to Reduce C02 Emissions	3-59
   Table 3.4.1: Economic Multipliers Used for Washington's Production Incentive Program	3-83
  Chapter4: Siwgy Efficiency Actions
   Table 4.1: Energy Efficiency Policies and Programs	4-2
   Table 4.1.1: Current and Pending State EEPS Policies	4-6
   Table 4.2.1: Summary of 11 State PBFs for Energy Efficiency	4-22
   Table 4.2.2: Common Cost-Effectiveness Tests	4-25
   Table 4.4.1: Estimated Energy Savings and Economics of
      Appliance Standards Not Covered by Federal Law	4-55
   Table 4.4.2: States with Adopted or Pending Appliance Efficiency Standards	4-57
   Table 4.4.3: Products Subject to Existing Federal Appliance Efficiency Standards	4-60
  Chapter 5: Energy Supply Actions
   Table 5.1: Energy Supply Policies and Programs	5-2
   Table 5.3.1: Design Flexibility Offered by Output-Based Standards	5-33
   Table 5.3.2: State Output-Based Regulations	5-35
   Table 5.5.1: Green  Pricing  Programs Offered in Washington (as of May 2005)  	5-70
  Chaptar 8: Utility Planning and incentive Structures
   Table 6.1: Utility Planning  and Incentive Structures	 6-2
   Table 6.1.1: States that Use Diverse Contract  Terms	6-5
   Table 6.2.1: Simplified Illustration of Decoupling Rate  Effect	6-26
   Table 6.2.2: Approaches for Removing Disincentives to Energy Efficiency
      Investment: Decoupling  vs. Lost Revenue Adjustments	6-28
                                                                                          list of Tables

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                                 EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Key Acronyms

A
ACEEE           American Council for an Energy-
                Efficient Economy
ACP            Alternative Compliance Payment
AEPS            Alternative Energy Portfolio
                Standard
AlAPCO         Association of Local Air Pollution
                Control Officials
APPA            American Public Power Association
ASAP            Appliance Standards Awareness
                Project
ASE            Alliance to Save Energy
ASHRAE         American Society .of Heating,
                Refrigerating and Air-Conditioning
                Engineers
ASME           American Society of Mechanical
                Engineers
ASTM           American Society for Testing and
                Materials
BCAP            Building*Codes Assistance Project
BECI             Building Energy Conservation
                 Initiative
BETC            Business Energy Tax Credit
Btu              British thermal unit
CAIR            Cleari Air Interstate Rule
CALMAC        California Measurement Advisory
                Council
CCEF            Connecticut Clean Energy Fund
CEC             California Energy Commission
CEDC           Clean Energy Development Council
CESA            Clean Energy States Alliance
CFC             Chlorofluorocarbon
CFL             Compact Fluorescent  Lighting
CHP             Combined Heat and Power
CIP             Conservation Improvement
                Program
CO              Carbon Monoxide
C02
COBRA

CON EG
CPUC
0
DEER

DG
DOC
DOE
DSIRE

DSM


E
ECPA
EEPS

EE/RE

EGRID

EIA

EPA

EPAct
ERAM

ERCOT
ESCO
ESL

ESP
ESPC
Carbon Dioxide
Co-Benefits Risk Assessment
Model
Coalition of Northeast Governors
California Public Utilities
Commission
Database for Energy Efficient
Resources
Distributed Generation
U.S. Department of Commerce
U.S. Department of Energy
Database of State Incentives for
Renewable Energy
Demand-side Management
Energy Conservation and
Production Act
Energy Efficiency Portfolio
Standards
Energy Efficiency/Renewable
Energy
Emissions and Generation
Resources Integrated Database
U.S. Energy information
Administration
U.S. Environmental Protection
Agency
Energy Policy Act
Electric Rate Adjustment
Mechanism
Electric Reliability Council of Texas
Energy Service Company
Energy Systems Laboratory at
Texas A&M University
Electric Service Provider
Energy Savings Performance
Contract
  Key Acronyms

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               EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
        F
        FEMP

        FERC



        G
        GCVTC

        6PCP
        GSA

        6SC
        GSP
        GWh
        HERS
        Hg
        HVAC
        1C
        ICC
        ICC
        ICLEI

        1ECC

        IEEE

        IEPR
        IES
        IESNA

        IOU
        IPM
        IPMVP
        IREC

        IRP
 Federal Energy Management
 Program
 Federal Energy Regulatory
 Commission
                                    IRS
                                    ISO
                Internal Revenue Service
                Independent System Operator
 Grand Canyon Visibility Transport
 Commission
 Green Power Choice Program
 U.S. General Services
 Administration
 Governor's Steering Committee
 Gross State Product
 Gigawatt-hour
 Home Energy Rating System
 Mercury
 Heating, Ventilation, and Air-
 Conditioning
 Internal Combustion
 Illinois Commerce Commission
 International Code Council
.International Council for Local
 Environmental Initiatives
 International Energy Conservation
 Code
 Institute of Electrical and
 Electronics Engineers, Inc.
 Integrated Energy Policy Report
 Illuminating Engineering Society
 Illuminating Engineering Society
 of North America
 Investor Owned Utility
 Integrated Planning Model
 International Performance
 Measurement and Verification
 Protocol
 Interstate Renewable Energy
 Council
 Integrated Resource Planning
                                    K
kW
kWh
Kilowatt
Kilowatt-hour
Ib/kWh           Pounds per Kilowatt-hour
Ib/MMBtu        Pounds per Million British Thermal
                 Units
Ib/MWh          Pounds (of Emissions) per
                 Megawatt-hour
LBNL             Lawrence Berkley National
                 Laboratory
LCOE           .  Levelized Cost of Electricity
LEED             Leadership in Energy and
                 Environmental Design
LEV              Low Emission Vehicle
LRAM            Lost Revenue Adjustment
                 Mechanism
MAORI           Mid-Atlantic Distributed
                 Resources Initiative
MAIN            Mid-Atlantic Interconnected
                 Network
MAPP            Mid-Continent Area Power Pool
MCS             Model Conservation Standards
MEEA            Midwest Energy Efficiency Alliance
MEC             Model Energy Code
Midwest ISO      Midwest Independent System
                 Operator
MLP             Master Lease Purchase
MLPP            Master Lease Purchase Program
MMBtu           Million British Thermal Units
MMTCE           Million Metric Tons of Carbon
                 Equivalent
MMTC02e        Million Metric Tons of Carbon
                 Dioxide Equivalent
Mmtherms       Million Therms
                                                                                               Key Acronyms

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                                 EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                              Cltan [
                                                                                              «T«TE PARTNERSHIP
 MRA
 MRO
 MSW
 MW
 MWh
 M&V

-H
 QMS
 OTC
Monthly Revenue Adjustment
Midwest Reliability Organization
Municipal Solid Waste
Megawatt
Megawatt-hour
Measurement and Verification
 NABCEP         North American Board of Certified
                 Energy Practitioners
 NAECA          National Appliance Energy
                 Conservation Act
 NARUC          National Association of Regulatory
                 Utility Commissioners
 NBI              New Buildings  Institute
 NCSL            National Conference of State
                 Legislatures
 NEDRI           New England Demand Response
                 Initiative
 NEEP            Northeast Energy Efficiency
                 Partnerships
 NEGC           New England Governors'
                 Conference
 NEPOOL         New England Power  Pool
 NERC            North American Electric Reliability
                 Council
 NESCAUM        Northeast States for Coordinated
                 Air Use Management
 NESHAP         National Emission Standards for
                 Hazardous Air Pollutants
 NOX             Nitrogen Oxide
 NRDC           Natural Resources Defense Council
 NREL            National Renewable  Energy
                 Laboratory
 NSPS            New Source Performance
                 Standards
 NYSERDA        New York State Energy Research
                 and Development Authority
Organization of Midwest
Independent System Operator
States
Ozone Transportation Commission
PBF
PBR
PM2.5

PNNL

ppm
PRAM

PRC
PSC
PTC
PUC
PUD
PURPA

PV
PVE


a
                                   QF
                                   Quad
RACT

RAP
R&D
REC

REPP
RES
RESNET

RETC
RFP
RGR

RIM
ROE
RPS
RTO
Public Benefits Fund
Performance-Based Ratemaking
Particulate Matter That is 2.5
Micrometers or Smaller in Size
Pacific Northwest National
Laboratory
Parts Per Million
Periodic Rate Adjustment
Mechanism
Public Regulation Commission
Public Service Commission
Production Tax Credit
Public Utility(ies) Commission
Public Utility District
Public Utilities Regulatory Policy
Act
Photovoltaic
Petroleum Violation Escrow
                 Qualifying Facilities
                 Quadrillion British thermal units
Reasonably Available Control
Technology
Regulatory Assistance Project
Research and Development
Renewable Energy
Credit/Certificate
Renewable Energy Policy Project
Renewable Energy Standard
Residential Energy Services
Network
Residential Energy Tax Credit
Request for Proposals
Renewable Generation
Requirement
Rate Impact Measure
Return on Equity
Renewable Portfolio Standard
Regional Transmission
Organization
  • Key Acronyms

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STATE PARTNERSHIP
               EPA Clean Energy-Environment Guide to Action (Prepublication Version)
        SBC
        SELF
        SEP

        S6IP
        SIP
        SIR

        S02
        STAPPA

        SWEEP
System Benefits Charge
State Energy Loan Program
Supplemental Environmental
Project
Self Generation Incentive Program
State Implementation Plan
Standard Interconnection
Requirements
Sulfur Dioxide
State and Territorial Air Pollution
Program Administrators
Southwest Energy Efficiency
Project
L
z
        T&D
        TRC
        T-REC
        TWh
Transmission and Distribution
Total Resource Cost
Tradable Renewable Certificate
Terawatt-hour
        u
        UL               Underwriters Laboratory
        USAEE/IAEE       U.S./lnternational Association for
                         Energy Economics
        USCHPA          U.S. Combined Heat and Power
                         Association
        USGBC           U.S. Green Building Council
        ¥
        W
        WAP

        W1EB
        WGA
        WRAP
Weatherization Assistance
Program
Western Interstate Energy Board
Western Governor's Association
Western Regional Air Partnership
                                                                                                 Key Acronyms

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SSSS5
  | Clean Energygjtvlrersmsnt
  ISTATE  PARTNERSHIP
        Overview
        Across the country, states are using clean energy
        policies to help meet their expanding energy demand
        in a clean, low-cost, reliable manner. In addition, a
        growing number of states are interested in learning
        about successful clean energy strategies and their
        economic and environmental benefits.

        The U.S. Environmental Protection Agency's (EPA's)
        Clean Energy-Environment Guide to Action is
        designed to share the experiences and lessons
        learned from successful state clean energy policies
        and help states evaluate these options, programs,
        and policies to determine what is most appropriate  •
        for them. The Guide to Action describes 16 clean
        energy policies, details the best practices and attrib-
        utes of effective state programs, and provides
        resources for more information. The policies were
        selected from among a larger universe of clean   •
        energy strategies because of their proven effective-
        ness and their successful implementation.

        States that are developing new clean energy programs or
        enhancing existing ones can use the Guide to Action to:

        •  Develop clean energy programs and policies appro-
           priate to their state.
        •  Identify the roles and responsibilities of key deci-
           sionmakers—such as environmental regulators,
           state legislatures, public utility commissioners, and
           state energy offices.
        •  Access and apply technical assistance resources,
           models, and tools available for state-specific
           analyses and program Implementation.
        •  Learn from each other as they develop their own
           clean energy programs and policies.
 The
         is a voarypfograrodssigfled to help
 programs that affectively Integrate clean energy Intp s
 low-cost, clean, refiabfa energy system for tie state,
 States participating ifl tfie Clean Ena^y-Etivjraftwent
 Stats Partnership Program will asathe Guide to Action
 to tfewlep a Clean ffvef^-frnfodmetit Siate ifMn$dt6iff(ft teAvtiM
 ((tefitifies and describes sixteen eieaa energy policies   '
 and strategics that are delivering seonotnic and anviroo-
 ittBntai results for states, ttese poJieios Ideas on ctean '",
 tfkity generators and suppfiers, homes, and businesses.  ,
 There are also opportunities for states to promote clean' '
 energy In the transportatioiissstor, Thsse policies antJ  '
 pr&jijj^rtts affi bfiyofitf the $cop& of th$ cajtertt i?«B5^ ft?,
 Actm but fflignt he addressed in future wlittods.


Why Clean Energy?
Clean energy offers a cost-effective way to meet our
nation's growing demand for electricity and natural
gas while reducing emissions of air pollutants and
greenhouse gases, lowering energy costs, and
improving the  reliability and security of the energy
system.

States and the U.S. energy industry face multiple
energy and environmental challenges in providing
affordable, clean, and reliable energy in today's com-
plex energy markets. In terms of energy challenges,
total U.S. energy demand is expected to increase by
more than one-third by 2025, with electricity
                                                                                               Executive Summary

-------
                                                        EPA Clean Energy-Environment Guide to Action
                                                                                                   STATE PAR1HEBSHIP
demand rising by almost 40% (EIA 2005a). This
growth stresses current systems, reduces reliability,
and requires substantial new investments in systems
expansions. In addition, higher natural gas prices
increase energy costs for households and businesses
and raise the financial risk associated with the
development of new generation based on gas tech-
nologies. Environmental challenges stem from fossil
fuel-based electricity generation, which is a  major
source of air pollutants that form ground-level ozone
and fine particulate matter, as well as greenhouse
gases. Although emission levels are declining, high
pollution levels persist in many parts of the  United
States-nearly half of the U.S. population  lives in
counties where air quality sometimes exceeds the
federal 8-hour standard for ozone  (EPA 2005a).'

Clean energy includes demand and supply-side
resources that deliver clean, reliable, and low-cost
ways to meet energy demand  and reduce peak elec-
tricity system loads. Energy efficiency measures
reduce demand for energy generation, which reduces
  energy supply, which relerstD clean distributed gener-
  ation a tid renewable energy.
' fewfly sHic^ncy JEE) reduces desmnrf for energy and
  peak electricity system loads. C&mmoi* energy &KI-
  efeney measures include rrcnctretfe of technofogfes
  %ti$ presses for practically all «nd-«$e$ *ero$$ aft
  s.ectora el the economy.
  FtenawaMe erwgytBE] is partially or entirely serrat-
  ed frtMB fion-fessit energy sources. Renewable energy
  definitions vary by state,, bat osuaily Include wind.
  solar, and; geotherinal energy; some states might also
  include low-lmpast or sroaiJ hydro, bjemass, biotas,
                            "             '     '
  Combined Jheat and power ICHP), also known as cogea-
  to4 is a clean, efmlent «j}|>fft»ch to flewtfattiig
  eSectric artd therfflai energy irosi a single ftief SQUKS.
  Clean rifefrlbutedsflneRilion (D6) refers to non-oen-
  traftzed — ustiajly smaH-scaJfi — fenewable energy and
              "
the amount of fuel needed to power our daily lives.
Renewable energy sources avoid the use of fossil
fuels, and combined heat and power (CHP) can pro-
vide much greater energy output for the amount of
fuel used.

States are finding clean energy to be cost-competitive
with traditional sources of generation. Figure ES.1
illustrates the comparative cost of electricity from a
range of sources, including energy efficiency and
wind. More specifically, states' experiences with clean
energy programs and policies have shown that:

•  Well-designed energy efficiency programs cost less
   than supplying new generation from power plants.
   Energy efficiency programs are saving energy at an
   average lifecycle cost of about $0.03/kWh saved,
   which is 50°/o to 75% of the typical cost of new
Rgure ES.l  Cteart Ensrgy is CompstkSve with
          ! Ssnerstiofi Techrtolsgiss
                                                             10.0
       s.o •
                                                              0.0
   I Capital costs  [|JO&M costs  [|| Fuel costs ^Transmission costs
1 In April 2005,134 million people were living in 470 counties wtiare the air quality sometimes exceeds the federal 8-hour standard for ozone.
Seventy-five million people were living in more than 200 counties that do not meet the PM2.5 standard (EPA 200Sa).
  Executive Summary

-------
                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Cltan E
STATE PARTNERSHIP
         JtKt potential energy savings aeSwevabie through
         state actions is signififcanL EPA estimates that if each
         state w«re t& implement cost-effective clean enefgy-
         eflvirohment policies, the expected growth in derosad
         fof electricity coulrf he cut m half by 2025, and nrore
         dernatwi could  be metthreu^h cleaner energy supply.
         This woe W Ineaa inrtud 'Stytej*" &f BK$H t&*n 90B b8-'
         lion kif{)watt-h«urs fcWW and$7Q billion in energy
         casts b^2825, while preventing tha need for more
         than 308 pewer plants and reducing greenhouse gas
         eifiissl0ris"e
-------
                                  EPA Clean Energy-Environment Guide to Action (Prapublication Version)
                                                                                                STATE PARTNERSHIP
Opportunities for State  Action
State governments are increasingly developing poli-
cies and programs that address their energy chal-
lenges and spur greater investment in energy effi-
ciency, renewable energy, and clean distributed
resources. For example, states are:

• Leading by example by establishing programs that
  achieve substantial energy cost savings within
  their own state facilities, fleets, and operations
  and encouraging the broader adoption of clean
  energy by the public and private sectors. State
  governments across the country are collaborating
  with state agencies, local governments, and
  schools to identify and capture energy savings
  within their facilities and operations, purchase or
  generate renewable energy, and use clean DG/CHP
  in their facilities,
• Establishing rate-payer-funded energy efficiency
  programs (e.g., public  benefits funds) to help  over-
  come a variety of first-cost, informational,  split-
  incentive, and other market barriers that limit
  greater reliance on energy efficiency. Seventeen
  states have adopted public benefits funds (PBFs)
  for energy efficiency, and 16 states have devel-
  oped  PBFs for clean energy supply (ACEEE 2004b,
  ACEEE 2004c, DSIRE 2005, Navigant 2005, UCS
  2004).
Adopting state minimum appliance efficiency stan-
dards for products not covered by the federal gov-
ernment that yield net cost savings to businesses
and consumers. Ten states have adopted appliance
standards covering more than 36 types of appli-
ances (Delaski 2005, Nadel et al. 2005).
Establishing renewable portfolio standards (RPS)
that direct electric utilities and other retail electric
providers to supply a specified minimum percent-
age (or absolute amount) of customer load with
eligible sources of renewable electricity. Twenty-
one states and Washington, D.C. have adopted RPS
requirements, which are expected to generate
more than 26,000 MW of new renewable  energy
capacity by 2015  (Navigant 2005).
Reviewing utility incentives and planning processes
and designing policies that accurately value ener-
gy efficiency, renewables, and distributed
resources in a way that "levels the playing field"
so public utility commissions and consumers can
make fair, economically based comparisons
between clean energy and other resources. More
than 12 states have developed approaches that
remove disincentives for utilities to invest in
demand-side resources (see Section 6.2, Utility .
Incentives for Demand-Side Resources). •
  Executive Summary

-------
                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
        The Guide to Action
        The Guide to Action presents a menu of 16 clean
        energy strategies that states can review and choose
        from when developing their clean energy  policies or''
        clean energy-environment action plans (see What
        States Can Do, page ES-2T, for additional  informa-
        tion about clean energy-environment action plans).
        States have found that a combination of clean
        energy policies, developed as a coordinated package,
        is the most effective approach. Typically, states have
        chosen policies to address each of the clean energy
        areas: energy efficiency (EE), renewable energy (RE),
        and clean DG.

        Table ES.1 provides an overview of the policies
        addressed in the Guide to Action and the type(s)  of
        clean energy targeted by each policy. These policies
        were selected for inclusion in the Guide to Action
        because of their proven effectiveness, their ability to
        help overcome the  barriers states face as they pro-
        mote clean energy, and their successful implementa-
        tion by a number of states. The information present-
        ed about each policy is based on proven models,
        state experiences, and lessons learned.

        Table ES.2 presents additional detail about each of
        the 16 policies, including information on specific
        approaches states can use to implement each policy,
        .key design  issues and resources, and states that can
        serve as examples of each policy. {Many other states
        have also implemented these policies; for more infor-
        mation, see the policy sections in the Guide to
        Action.) A brief description of each  of the  16 policies,
        including highlights of state experiences with each
        policy, follows Table ES.2.
Tsbis ES;1: Summary 0f Otessi Energy Policies by
Clean £«srgy Paitey
Public
for Energy EffieiSftey
Energy Suppfy Prbgraros
Bwgy
                                                             Msrfc&ts
                                                               iSfty ifscsnSvsjs isr Dgmsttd-
                                                             Ssnsrstssn
Sukteis
AsS&i
                            IS
:f tilij s s<1« i}«fUQ||nsi
l^SPHWi
        SyTSTp?
                         3;1
                         3.2

                         3.3
                          •-1   |ll^:||:|lll|lll::i
  4.2   |i*B;J;?i;::lSfiO^!
 _.	B>:^Hi^v;iMiMMli
                         «
       :-:-:-::: :-:-:-:;•: ^:-: :•: :-:•:-: ;•;;-.;-.:.-;;:. K..-:':-:':'; ;:::
    	^;^;i^iIf""::-:''::"-i::-::C:i"^-ii:^-^j

       ill:l:IIIIili!llll
                         5.4
                                                                                      «
                                                                                      6.2   m

                                                                                      63   l|;
                                                                                             Executive Summary

-------
r
                                                                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                                                                             Sr*TE P/kRIHEBSHIP
             T«&1» £81; Summery of C!»an Energy Policies
               grams that tchiwe sub-
              ms,n& for ensoriSg Ihst
               from thai? ei»ss afsargy
Energy savings targets for
public buildings.
Renewable and energy efficiency
purchase commitments for state
facilities.
State loan and incentive programs
for public buildings.
Energy performance contracting.
Technical support and training.
State clean energy planning.
Clean energy plan.
Clean energy included within a
comprehensive state energy plan.
Planning conducted by energy
providers.
Incorporating clean energy into air
quality plans and long-term utility
planning requirements.
Developing set-asides for energy
efficiency and renewable energy
projects.
Tracking and reporting emission
reductions.
Understand state's own energy use
and then set aggressive goals.
Collaborate across public agencies,
local governments, schools, private
sector, and non-profit organizations.
Identify funding sources and develop
funding mechanisms.
Measure, verify, and communicate
energy savings.
                                                                                                              ICA.CO.IA.NH. NJ,
                                                                                                              JNY,OR,TX
Analyze a full range of impacts for a
variety of policy scenarios.
Establish specific quantitative and
other goals; monitor and report
progress regularly.
Link the plan to action by developing
specific steps for plan adoption and
implementation, and making these
actions enforceable where appropri-
ate.
[CA.CT, NY.NM.OR,
| Northwest Power
! Planning and
j Conservation
1 Council, New
i England Governors'
i Conference,
I Western Governors
I Association,
I Western Interstate
! Energy Board
Choose the most appropriate method-
ology for the given purpose, geo-
graphic scope, time scale, magnitude
of energy savings, available
resources, and available data.
Make all assumptions and inputs
transparent; identify how to address
electricity dispatch, imparts and
exports, line losses, and transmission
constraints.
Understand and account for how the
results will interact with other pro-
grams.
i LA (local), MD
I (local!. TX,WI,
i Western Regional
I Air Partnership
                        Details a bout state-
                        specific "Lead by
                        Example" program
                        design.
                        Evaluation guidelines
                        and information
                        resources.
                        Examples of legislation
                        and executive orders
                        passed by states relat-
                        ed to Lead by Example
                        actions.
Design information.
Benefits of energy
plans.
Program implementa-
tion and evaluation.
Links to existing state
and regional energy
plans.
References to articles
on energy planning.
Information about EPA
guidance and analy-
ses.
General and specific
information about
quantification methods
and tools.
Articles about quantify-
ing emission reduc-
tions.
State examples.
                                                                                                                                                 next page}
                 Executive Summary

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                   EPA Clean Energy-Environment Guide to Action (Prepublication Version)
ST»TE PARTNERSHir

 fesds far energy 8fHcjaney,
Revolving loan funds.
Energy performance con-
tracting.
Tax incentives.
Grants, rebates, and gener-
ation incentives.
NO, set-asides lor energy
efficiency and renewable
energy projects.
Supplemental Environmental
Projects (SEPs|.
Develop specific target markets and
technologies based on technical and
economic analysis.
Use financing and incentives as part of
a broader package of services designed
to encourage investments.
Establish specific technical and
financial criteria for clean energy
investments. .
Track program participation, costs, and
energy savings to enable evaluation
and improvement.
                                                                                                  CA, CO, IA, MT, NY,
                                                                                                  Ofi,TX,WA   •
 m&rgy prsvidsrs SB «sst s
 spscffic ssofSto sf $«* eisc-
 hsvs tJsreet or indirect S£?S
Energy efficiency targets for
energy providers as a per-
centage of load growth,
base year sales, or fixed
energy savings (e.g., kilo-
watt-hours}.
                               Funds for efficiency pro-
                               grams based on a system-
                               wide charge (mills per kWh).
                               Grants, rebates, and loans.
                               Technical assistance, edu-
                               cation, and training support
                               for energy efficiency invest-
                               ments.
Use economic potential studies and
other analyses to help establish the
energy savings target
State the target clearly (e.g., as a per-
centage of base year energy sales) and
establish a robust measurement and
verification process.
Ensure workable funding mechanisms
are available to meet the goal.
                                                                                                  CA,IL,NJ,NV,PA,
                                                                                                  TX
                              Establish funding via a universal, non-
                              bypassable charge at a rate that cap-
                              tures economic energy efficiency
                              potential, but is not a cap on invest-
                              ments.
                              Set the duration for an extended period
                              of time (e.g., five to 10 years) to provide
                              continuity and certainty for investors.
                              Select the most appropriate administer-
                              ing organization for the given conditions
                              (e.g., utilities, state agencies, independ-
                              ent organizations).
                              Regularly evaluate  the program's quanti-
                              tative impacts (e.g., energy saved, emis-
                              sions avoided, dollars saved, jobs creat-
                              ed) and the effectiveness of program
                              operations and delivery.
                                      CA,NY, OR.WI
Program design infor-
mation, including fund-
ing sources, levels, and
duration.
Implementation and
evaluation information.
Information about fed-
eral incentives and
existing state pro-
grams.
Examples of legislation.
Information about state
experiences.
Information about
measurement and veri-
fication.
Examples of legislation
and PUC rulemakings.
Descriptions of cost-
effectiveness tests and
information on energy
and cost savings.
Information about PBF
program designs, fund-
ing levels, and evalua-
tion methods.
Examples of legislation
and PUC rulemakings.
                                                                                                                     {continued on next page)
                                                                                                                            Executive Summary

-------
                                       EPA Clean Energy-Environment Guide to Action (Prepublication Version)
lip! I i
ii
Building energy codes estab- * Min
lish energy standards for resi- ci e
dential and commercial build- for
ings, thereby setting a mini- con
mum level of energy efficiency ing'
and locking in future energy . per
savings at the time of new con- Up(
struction or renovation. More co{
than 40 states have implement-
ed some level of building codes * Co(1
for residential buildings and/or ev.a
commercial buildings. P
State appliance efficiency * Mir
standards set minimum ener- ciet
gy efficiency standards for sun
equipment and appliances con
th at a re n ot c overe d by f ed- met
eral efficiency standards. Ten . per
states have adopted appli- gn(j
ance standards. jar
pro
51 i m
\ \ \\\ a \\\
imum energy effi- • Develop effective program implementation, evaluation, AZ, CA,
icy requirements and enforcement approaches. OR, WA,
residential and . Work collaboratively with builders, developers, and build- TX
imercial build- ing owners to ensure cornp|iance.
.. . • Establish requirements and process for periodically
odic review and reviewing and updating codes to reflect changes in
ates to existing building technology and design.
es
• Promote "beyond code" building programs to achieve
e implementation, additional cost-effective energy efficiency.
luation, and com-
nce assistance.
11!
imum energy effi- • Identify the products covered by federal law and care- CA, CT,
icy levels for con- fully define the set of appliances to be covered by the NJ, NY
ler products and state standard.
imercial equip- . Use established test methods, as developed by federal
At agencies, other states, or industry associations, to set
odic evaluation efficiency levels for the state appliance standards.
review of stan- . cnnsider implementation issues, including
ds, markets, and product certification, labeling requirements, and
duct applications. enforcement



lliuiviuum oiaic tuuos.
• Compliance and analytic
tools.
» Examples of code
language.



* General and state-specific
information about standards.
• Definitions of products cov-
ered by federal and state
standards.
• Examples of enabling legis-
lation, state rulemakings,
and requests for preemp-
tion waivers.
-• •', • - ' • £ni*,rfnr Qimrdir &*£nnv ' ;• ' '• '
III illi :iii!j:!ii!!f i!!iiiii!ii!!i!i!i!iii!i!i iiliii \\\
RPS establish requirements • Pro
for electric utilities and other tec
retail electric providers to "te
serve a specified percentage an<
or amount of customer load ers
with eligible resources. . ^(
Twenty-one states and anc
Washington, D.C. have adopt-
ed RPS *

tra(

iiiiiii nil Iiii iiiiiinliiif ill!
PBFs are a pool of resources • Fun
used by states to invest in and
clean energy supply projects , con
and are typically created by gie:
levying a small charge on ma
customers' electricity bills. pro
Sixteen states have estab- sys
lished PBFs for clean energy (mil
supply- . Gra

gen

moting specified • Develop broad support for an RPS, including top-level AZ, CA,
tinologies through support of the governor and/or legislature by performing MA, TX,
shnology tiers" studies that analyze job creation, economic develop- Wl
"credit multipli- ment, and customer bill impacts.
• Specify which renewable energy technologies and
:rnative compli- resources will be eligible, based on clearly articulated
e payments. goals and objectives.
ewable Energy • Consider using energy generation (not installed capac-
tificates (RECs ity) as a target, make compliance mandatory for all
ling. retail sellers, allow utility cost recovery, establish cost
caps, and consider flexible compliance mechanisms.
ds for emerging • Protect funding from being diverted for other uses. CA, CT,
commercially . Consider the importance of technology stages. MA, NJ,
ipetitivetechnolo- _ . ___ . , . . NY, OH
i and clean energy * Ensure ™l P8Fs support the state s energy and envi-
rket development ronmental goals and work in concert with other state
irams based on a renewable energy initiatives (e.g., RPS and tax credits).
em-wide charge
IsperkWh).
nts, rebates, and

eration incentives.

Ill ii iiiiiiiiiii iiiiiiiNIiiiii
• Information on state RPS
requirements and eligible
technologies.
• Information on selected
state RPS program
designs.
• Description of renewable
energy credits and power
markets.


ii Hi: iiiiiiiiiii ill
• Information on federal
resources.
• General and spec fie infor-
mation on state approach-
es and models.
• Information on funding levels
and technologies supported
by PBFs.



                                                                                               {continued on nexipagsi
Executive Summary

-------
                   EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE FARTHEBSHIP
 sioa gff-Bls-Jsy smJ renaw*
• Conventional emission limits
 using an output formula.
 Special regulations for small dis-
 tributed generators that are out-
 put based.
 Output-based allowance alloca-
 tion methods in a cap and trade
 program.
 Output-based allowance alloca-
 tion set-asides for energy effi-
 ciency and renewable energy.
 Multi-pollutant emission
 regulations using an  output-based
 format
Determine the types of DG and CHP tech-
nologies and applications that may be
affected and if the regulation needs to
address any specific technology issues.
Gather/review available output-based emis-
sions data for regulated sources.
Alternatively, convert available data to out-
put-based format
Evaluate alternative approaches to account
for multiple outputs of CHP units.
                                                                                                         CT, IN, MA,
                                                                                                         TX
                                                                                          Information on federal and
                                                                                          other resources.
                                                                                          Articles on output-based
                                                                                          regulation.
                                                                                          Examples of federal and
                                                                                          state legislation and pro-
                                                                                          gram proposals.
                                                      9M1

 \ffitfsn the stetesrs?!
 reduce uiissrtsSftt^esd
 ij$teys !3i«t 63s«« DS sy*~
 tsss sari sneeawtsf v^sn
Standard interconnection rules
for DG systems through defined
application processes and techni-
cal requirements.
Net metering, which defines
application processes and techni-
cal requirements, typically for
smaller projects.
 rcsction rates, stsd 33
                                   Develop standards that cover the scope of
                                   the desired DG technologies, generator
                                   types, sizes, and distribution system types.
                                   Address all components of the interconnec-
                                   tion process, including issues related to the
                                   application process and technical require-
                                   ments.
                                   Create a streamlined process for generators
                                   that are certified compliant with technical
                                   standards such as IEEE Standard 1547  and
                                   UL Standard 1741.
                                   Consider adopting portions of national  mod-
                                   els and successful programs in other states.
                                                                                                         MA, NJ,
                                                                                                         NY.TX
                                                       State-by-state assess-
                                                       ment and references.
                                                       Information on federal and
                                                       other resources.
                                                       National standards organ-
                                                       izations.
                                                       Examples of standard
                                                       interconnection rules.

                                                                                                                           li
                                                                                                                               I
 is purehass sieas snsrgy.
Customer access to green power
markets.
Green pricing
tariffs.
Green "check-off" programs.
Establishing quantitative goals
and objectives for green power
markets.
                                   Encourage new resources to ensure that
                                   renewable benefits are realized.
                                   Create real value for green power cus-
                                   tomers (e.g., by exempting them from utility
                                   fuel adjustment charges or developing
                                   recognition programs for commercial cus-
                                   tomers).
                                   Create programs with sufficiently long time
                                   horizons to encourage long-term power
                                   contracts.
                                   Determine the appropriate relationship
                                   between green power purchases and com-
                                   pliance with RPS.
                                                                                                         CT, MA,
                                                                                                         MM; NJ,
                                                                                                         NM, PA',
                                                                                                         WA
                                                       Information about state
                                                       programs.
                                                       Examples of state
                                                       legislation and regula-
                                                       tions.
                                                       Information on federal and
                                                       other resources.
                                                                                                                       !coni>>i!.isd on next U
                                                                                                                            Executive Summary

-------
                                        EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                                       STATE PAR1KERSHIP
i|iijll||i|i in

Portfolio management * Er
strategies include energy pi
resource planning c
approaches that place a . |n
broad array of supply and p
demand options on a level
playing field when compar- * j?
ing and evaluating them in
terms of their ability to meet
projected energy demand
and manage uncertainty.

iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiHiiiMiiiiijiijj
hj: : ^ ; 1 W It
A number of approaches- • D
including decoupling and per- p
formance incentives- remove vi
disincentives lor utilities to . p
consider energy efficiency e
and clean distributed genera- ( _
tion equally with traditional
electricity generation invest- P
ments when making etectrici- tn
ty market resource planning
decisions.
Electric and natural gas • U
rates, set by Public Utility a
Commissions, can be re
designed to support clean . p
DG projects and avoid unin- s,
tended barriers, while also ^
providing appropriate cost *
recovery for utility services • N
on which consumers 0
depend. . |r
ki
to
e
a
ilPllI i i 1 11 i 1 1 lilli ih 1
iiis&i&s i i 1 1 ! *i^? 3f- • 1 I li
PHEH^S^ft^M^^^^^m^^^i^^^^^^^^Ml
HfiiiiilH 1 II llfmiilii I I 	 ilmh
• , OTIt^F?aiinintaNfe$^¥sStf«cturgs
i|!i'i|H|l|lil'liii|!!i = * ^i !i i i! i
lergy resource • Identify state policy goals for portfolio management such CA,
anning and pro- as cost, environmental impacts, resource diversity, and !A,
jrement. risk management. NV,
tegrated resource * Identify the entities that procure and plan for energy sup- ?m
anning [IRPl. ply, transmission, and distribution. , ™or
Pov
stall choice portfo- • Determine the appropriate process for acquiring and com- rjon
) management. paring alternative resource options. £m
• Establish clear roles for utility and regulatory authorities in Pac
selecting evaluation criteria, reviewing proposals, and Pug
choosing final resources. Erie
• Requ re that all demand and supply resources be consid-
. ered in meeting identified needs.
ecoupiing utility • Understand state utility ratemak ng and revenue require- AZ,
•ofits from sales ments. MA
"ume- • Determine if utility rates create financial disincentives for ™"*
•ogram cost recov- energy efficiency and clean distributed generation. "*•
Y • Gather information and stakeholder input on utility incen-
nareholder tive options.
jrformance . Devise an implementation plan to remove disincentives.
centives.


ill ill S i ill i iiii li ii i
ality ratemaking • Ensure that state PUC commissioners and staff have cur- Exit
id revenue rent and accurate information on rate issues for CHP and IL,
quirements. renewables and their potential benefits for the generation gta
evised standby rate system. pat
ructures. • Open a generic PUC docket, if needed, to explore the CA,
 tion and evaluation.
thwest „ j • i
«rand * State and reg.onal
servation examples and links
ncjl to key references.
ifiCorp,
et Sound
rgy

HH 11 1111?: : : : 1 J;:!
iiliiiiliiliiiliiiiiiiiriii!!
CA, CT, ID, • Design guidance.
,MD, ME, . References to state
, NY, NM, incentive regulation
OR.WA efforts.
• References to arti-
cles and Web sites
on utility incentives.



Fees: • Examples of state
vlA, CA legislation and
ndby rules-
es: • Information on fed-
NY eral resources.
• Hates: * Articles about
ratemaking.




Executive Summary

-------
        EPA Clean Energy-Environment Guide to Action (Prepublication Version)
       Planning and Incentive
Structures
States are substantially reducing energy costs and
emissions and are supporting in-state economic
development through clean energy policies. The •
Guide to Action provides resources on the following
policies that states have successfully implemented to
promote clean energy within their own operations,
through state and regional energy and air quality
planning  efforts, and funding and incentive pro-
grams.

Lead by Example
State and local governments are implementing a
range of "Lead by Example" programs and policies
that advance the use of clean energy within their
own facilities, fleets, and  operations, substantially
reducing  their energy bills. These bills are sizable -
states are responsible for more than 16 billion square
feet of building space and spend more than $11 bil-
lion annually on building  energy costs, which can
account for as much as 10% of a typical govern-
ment's annual operating budget {DOE 2005a). In
addition to achieving energy savings within state.
 *'  /Vw hw*fc"8«*« awJ Cteaft" State taMfevs an*)
    Vehicles, administered bythe New York State Energy
    Research and Development Authority iNYSERDAJ,
, :  sets aggressive ta^ets lor reducing energy use in
 -"  state buiWiirgs aed vehicles, green powsr pureha$*
    ing, and purchasing energy efficient prorfact?.
 *  towa's Executive Of der (I umber 41 directs state apt*-
    ciesto obtain at least 10% of their fileetrttfty from
    rtsnewaijte energy SBSKSBS bv2Qt&, To safisiy this
    reqoifemeflt; agencies may generate their own «ftew*
 ,   able en&Mjy or inay participate in their Jitiit/s green
    New Hampshire's Executive Qrd8r2fl8S4 requires
    purchase EMERGY STAR equipmefit Executive Order
    2004-7 requires state stafi to conduct an inventory of
    annual energy u$e by ali State facilities, using ERA'S
    Inergv Perf&rmafiee Rating System to assess e^er-
    gv efficiency, and tu ccnduct audits to identiiy ener-
    gv efficiency opportumties in state facilities,
facilities, Lead by Example initiatives promote the
adoption of clean energy technologies by the public
and private sectors.

States have initiated Lead  by Example initiatives
through executive orders, legislation, and agency
rulemakings. Typically, these initiatives are  coordinat-
ed by the state energy office, and involve multiple
agencies and  programs across state and  local gov-
ernment and other public agencies..

State and Regional Energy Planning
Energy planning  at a state or regional  level is an
effective means for ensuring that clean energy is
considered  and used  as an energy resource to  help
states address their multiple energy and  non-energy
   Is an extensive assessment prepared biennially at
   the dJrectifln of the state legislature.  It inciudes  -  .
   iwiiiey re$oiwiseflrfatio&s tor ag}$, fflehiding conserving resources; protecting
   the environment: ensuring reliable, secure, and
   dwerse »a«fgy resources; enhancing the state's  -
   eeotswsfc and protecting ittbfc heatel) »6d ,«^ity., ,
   The iEPR Is comolimentEd 6y ^ brief "blueprint" tor -
   energy-related actions, the California "Energy
   Aetkm Plan* &6C 20053*.           '.'.'-  :    •
   TNe Ctowacfitorf towsrAfriwy ft»nf^el^$-
   an Annual Energy Plan that includes specHic strate-
   gies to support energy efficiency and renewable
   resources based on a detailed assessment of sup-
   piy 3nd demand options find related policy. op pcrty-
   grams and pofeles across the state help advance
   Connecticut's energy and other goals and tn eludes
   3 progress report on tne Conne cticut Climate
                   ^, as
 » Tde Western Governors Association's Clean Bad  .-
 .  Dtvsf sifted Energy Advisory Committee (CDEAGjf
   ttttifat fcy the s&vertprs ol W westen* stet«s,
   recentiy undertook an extensive analysis to explore
   iiow to meet a regional goal of developing 30,000  " ..
   MW of clean energy by 2015 and increasing energy
                                                                                      Executive Summary

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                                  EPA Clean Energy-Environment Guide to Action (Prepublication Version}
                                                                                                 STATE PARTNERSHIP
challenges. Energy planning helps support a cost-
effective response to projected load growth (possibly
avoiding the need for new power plants and infra-
structure); improves system reliability, supply diversi-
ty, and security; reduces energy prices and price
volatility; and reduces the environmental impact of
energy generation. Energy plans are usually devel-
oped by one or more state agencies. Typically, the
state energy office leads the planning effort, and a
variety of public and private sector stakeholders play
a role in developing the plan or providing input.

Energy planning takes place in several contexts-it
can be part of a broad, multi-faceted strategy (e.g.,
the New York State Energy Plan), or a more targeted
effort that specifically addresses one  or more clean
energy goals (e.g., the Illinois Sustainable Energy
Plan). At the regional level, planning typically occurs
in two separate but related forums. In one approach,
government or quasi-government entities (e.g., gov-
ernors' associations) focus on developing broad
regional policy approaches. Alternatively, power sys-.
tem operators engage in rigorous  power system
planning (with input from states) that focuses on
providing reliable  and adequate power supplies with-
in their region. Both forums offer opportunities to
consider clean energy as a way of meeting future
energy demand.

Determining tfte Air Quality Benefits of Clean
Energy
Meeting energy demand through clean  energy
sources can  reduce emissions from fossil-fueled gen-
erators and provide many emissions benefits. States
are employing a number of methods to  quantify the
emissions reductions from their clean energy pro-
grams and policies and incorporate those reductions
into documentation for air quality planning efforts,
energy planning, and clean energy program results.

Quantifying emissions reductions from clean energy
options provides states with additional  information
to use when selecting among alternative clean ener-
gy solutions, determining the best way to design
clean energy programs to comply with existing and
prospective regulations, and determining the best
investment opportunities for a specific clean energy
 *  The Texas Legislature passed the Texas Emissions
   ftedtntitm Pfaa in 2001, jaqurrinsj cOufttles to iaipfe-  .
   merit energy ^fticiertcv measures and reduce elec-
   tricity consumption 5% a year for five years to help
   the state comply with federal emissions Simits and
   standards. The Texas Cornrmssjofi on Baviranmental
   Quality worked wtft EPA a&d several Tern ftrsarti-
   zatfens to develop a mefftedoiogy for quantifying the
   nitrogen oxfctes (NCy emission feduetfoas asssciat-
 '  erf with energy savings Jrom Mwkiiial Glean energy
   projects.
 »  Tfo Ww&W fteslowiAir Partnership (WfiAPj was
   established lit 1S97 to help iaeorperate 10% renew-
   able energy into their resource mix by 26W aad 20%.
   by 20? S m art effort to red uce regiona I h aze. A  """;
   WMP study fcf #10 air $mi$s«m r*ducti«rts from
   state dean energy programs estimated ikat NQX
   emissions would be reduced by about ROOOtons
   and carbon dioxide (CQ3J emissions by about 50 mil*
   Son imtrfe toes fcy 2018 {WRAP w&i •
program. Some states are working with EPA to
include clean energy as an emission reduction meas-
ure in air quality plans. EPA provides guidance and
can help states identify ways to use emission reduc-
tion data and appropriate quantification methods
and documentation requirements (EPA 2004b).

Funding and Incentives
States are using well-designed, targeted funding and
incentives for a broad range of clean energy tech-
nologies and services. State funding and incentive
programs, some of which are self-sustaining (e.g.,
revolving loan funds), deliver energy and cost savings
for governments, businesses, and consumers. These
programs help overcome barriers, stimulate markets
and build infrastructure, and leverage public and pri-
vate sector investment. States have made additional
investments and achieved subsequent savings by
coordinating financial incentives with federal incen-
tives (e.g., the production tax credit for renewable
energy generation), other state programs, and utility-
based clean energy programs.
  Executive Summary

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           EPA Clean Enerfly-Environnwnt Guide to Action (Prepublication Version)
    *  The Tews loanSTARprvg&m \s a self-sustaining
        -
                                       w    ^i
       HHSS, Loans am repaid jnfow yw a or less ttsi m
       testsavings from verified energv retfueSJon* Public
       ageneies fe Texas hays reduced their »iwHg.y coste
       fey more fow $1SQ MOBfe fen**!) tto LoartSTAS
      srograffl {DOE 2005«, Texas SECO 2005),
     ; Of^o««%fsthe &G$mess&iafSy Tax Credit
      jSgTq tad Jtesieential Energy Tax Credki8ET$ to
      bosses an
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                                  EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                                  Chan lnwj)j&iyi?«fc)&-
  private pa rtflfif ship with the goals of encouraging
  energy efficiency and renewa&ie energy, enhancing
  the environment, and ensuring a future suppty of
  energy, Tfcis program reetlized % totaj Kfetime e«e^gy
  savtogs oi $2H>5 million tlurmg f¥ 2
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                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
        Building Codes for Energy Efficiency
        Building energy codes establish standards that set a
        minimum level of energy efficiency for residential
        and commercial buildings, thereby locking in the
        energy savings at the time of new construction or
        renovation. Well-designed, implemented, and  ,
        enforced codes can help eliminate inefficient con-
        struction practices and technologies with little or no
        increase in total project costs.

        Codes typically specify requirements for "thermal
        resistance" in the building shell and windows, mini-
        mum air leakage,.and minimum heating and cooling
        equipment efficiencies. These measures can reduce
        energy use by 30% or more, resulting in cost savings
        for businesses and consumers  (DOE 2005b). 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 residential
        and commercial construction.

        State Appliance Efficiency Standards
        State appliance efficiency standards establish mini-
        mum energy efficiency levels for appliances and
        other energy-consuming  products that are not
        already covered by federaj efficiency standards.
        Federal laws such as the  recent Energy Policy Act
        2005 (EPAct 2005) have established appliance effi-
        ciency standards for more than 40 products. States
        are preempted from setting their  own standards for
        the products covered by federal standards but can
        enact standards for products that are not yet covered
        by federal law (which in many cases emerged from
        state standard-setting activities)  or may petition for
        a waiver under particular circumstances. Ten states
        have adopted standards covering  a total of 36 types
        of appliances and at least two additional states are
        considering adopting standards (Nadel et al. 2005,
        Delaski 2005).         '  "
» California's Title 24 standards f ot rssJdafttiaf a ltd
  csmmertia! baSdin^s are Stringent and well
                 mandatory provisions that are
  expected to yield $43 bilfen in electricity at«J natu-
  ral p* savings by 2011, The standards are expected
  to reducs anftuaf eiM?rsv  C$!8orni3 few now covers 30 -
   jprodticts; new or upgraded standards are undar
   consideration for three prodacts. Operated by the
   CaSifornia Energy Commission ?CEC), the appliance
   staixJaftl pfo^ ram i$ currently retfMC'ms  pftafe^<:-
   trie demand by about 2,000 MW or aboutW» of peak
   load. These savings account for about 20% of
   Calif omis'stBtaS fi&ak detnantJ reductions frem all
   0|fic1$ftey pfosrams over the pastel years (CEC
  New Yarifc AppBa nee and Equipnient fcnefgy
  EfficiencY Standards Act of 2905 estahiished stats
  energy effSelencv standards for 14 Iwusshoid appEi«
  aftces aftd electronic eqtiJp*nent ftotcovererf by feti«
  eral stanrfaf ds. The law also requires efficiency $tan-,
  darcfs for electronic products that use standby power
  wftenthey are turned off &ut remain plugged tn |e.g.,
  OVO players «n«J r0c0rdef«Ho fMuce "phatttonn* '
  energy consymption. These standards We ^ expected
  to save 2,096 GWftal electricity annuaiiyi enoufii to
  power 350,800 homes. This fiquate^ to annual savings ^
               p*r year (State afNw York 2005^ o ^
                                                                                              Executive Summary

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                                   EPA Clean Energy-Environment Guide to Action {Prepublication Version)
       y Supply Actions
States can achieve a number of environmental and eco-
nomic benefits by encouraging the development of clean
energy supply (i.e., renewable energy and CHP) as part of
a balanced energy portfolio. The Guide to Action describes
five policies that states have successfully used to support
and encourage continued growth of clean energy supply
in their state.

Renewable  Portfolio Standards (RP$)
RPS provide states with a tool to increase the amount of
renewable energy using a cost-effective, market-based
approach. RPS, which can be used in both regulated and
restructured electricity markets, require  electric utilities
and other retail electric providers to supply a'specified
minimum percentage or amount of customer load with
eligible sources of renewable electricity. As of September
2005, RPS requirements have been established in 21
states and Washington, D.C. More than  2,300 MW of
new renewable energy capacity (through 2003) is attrib-
utable to RPS programs. 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 (Bird and Swezey 2004).

PBFs for State Clean Energy Supply Programs
PBFs for  clean energy supply accelerate the develop-
ment of renewable energy and CHP within a state.
They are  typically created by levying a  small fee or
surcharge on customers' electricity rates (e.g., for
renewable energy, this fee ranges from approximately
0.01 to 0.1 mills/kWh). While PBFs have traditionally
been used to fund energy efficiency and low-income
programs, states have recently begun to implement
PBFs to support clean energy supply. PBFs were initial-
ly established by states undergoing electricity market
restructuring but are now  used by both restructured
states and states with traditional electricity markets.

As of 2005,16 states had established renewable
energy programs that are expected to provide more
than $300 million annually  in support of clean ener-
gy supply. PBFs will provide much of this funding;
according to one estimate, clean energy funding  will
total $4  billion by 2017 (DSIRE 2005. Navigant 2005.
UCS 2004).
                m
«  Texas was among the first states to establish a RPS
   requirement ami is considered by many
   ers and advocates to be aiua
   fui. Between 1999, whe&ttie RPS was initiated, and
   February 2905,1,187 MW of renewable energy '  -'
   capacity was instaJfed In fexas. Tbs T&tas RPS
   toclu
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                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE P»RTNERSKir
         Output-Based Environmental Regulations to
         Support dean Energy
         Designing environmental regulations that account
         for the emission reduction benefits of energy effi-
         ciency, renewable energy, and CHP increases the
         attractiveness for facilities to install clean energy
         technologies and increase efficiency. Output-based
         environmental regulations, which relate emissions to
         the productive output of a process, accomplish this
         by encouraging the use of fuel conversion efficiency
         and renewable  energy as air pollution control meas-
         ures.  For electric generation, this unit  of measure is
         the amount of emissions per MWh (Ib/MWh). In con-
         trast, most environmental regulations for power gen-
         erators and boilers have historically established
         emission limits based on heat input or exhaust con-
         centration  (Ib/MMBtu or ppm). These traditional
         input-based limits do not account for the pollution
         prevention benefits of process efficiency in ways that
         encourage  the application of more efficient genera-
         tion approaches.

         Interconnection Standards
         Standard interconnection rules encourage the con-
         nection of  clean DG  systems  (i.e., renewable and .
         CHP).to the electric  grid by establishing uniform
         processes and technical requirements that apply to
         utilities within a state. These rules reduce the uncer-
         tainty and  prevent long delays and costs that clean
         OG systems may encounter when obtaining approval
         for grid connection.  In addition, some states use net
 »  Conaecficothes adopted an output-based regula-
    tion for NDX, participate matter, carbon roonoxiifu
    ICOj, and CO, from small  25 MWJ on an output basts, including
    tne thermal output of CHP. This sppreas^ provides a
    $ignifioa&t ewmofaSe meetitive Ut CMP wftni&the
    emissions 0ap. Jvlasssotiu setts also M$ a multt-pol-
    lutant emission f emulation PO^ suJfur dioxide (S02I
    H$, COjj for exjstjng power $\ant$. which uses an
   its. En addition, Massachusetts allocates 5% of its
   fttOg state trading program budget to a public bene-
   fits set-aside account to provide far altocations far "
metering rules to govern interconnection of smaller
DG systems. Net metering, which can be considered
a subset of interconnection standards for small-scale
projects, allows smaller  DG owners to offset power
            ! ft flew «te/s$K the N ew Jimey 8oa«J «i
            UtiJities developed net metering and iRtereonnscften
            standards.far class I renewable energy systems.
            these futes, wrticht became effective on October4,
            3384, «re sejjarfttdd into thr^e levels b^sed: en mte«i
            $ize and technical certification. Each level has specif-
            ic interconnection review procedures and timelines
            for eacfi step in the review process. The New Jersey
            interconnection standard is designedto support sys-
            tems up to 2 MW.
            to Texas, the Tern Public Utility Commission adapted
            substantive rales in November 1999 that apply to gener-
 ation facilities of *0 MW or tes$ ^t 
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                                  EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                                  STATE PARTNERSHIP
that they obtain from the grid with excess power
that they can supply through their grid connection.
As of August 2005, 13 states had adopted standard
interconnection requirements for distributed genera-
tors and eight additional states were in the process
of developing similar standards. As of early 2005, 39
states and Washington,  D.C. had rules or provisions  •
for net metering (Navigant 2005).

Fostering Green Power Markets
Sreen power is a small but growing market that pro-
vides electricity customers the opportunity to make
environmental choices about their electricity con-
sumption by purchasing electricity generated by
renewable resources. Green power programs in more
than 40 states currently serve approximately 540,000
customers, representing nearly 4 billion kWh annual-
ly. These green power markets have resulted in the
construction of more than 2,200 MW of new renew-
able capacity over the past 10 years.  A recent study
estimates this could reach 8,000 MW by 2015 by
giving customers the choice to support cleaner elec-
tricity generation options in both vertically integrat-
ed and competitive retail markets (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
still important. In vertically integrated markets (i.e.,
states where regulated utilities perform generation,
transmission, and distribution functions), several
states require  utilities to offer a green pricing tariff.
This policy ensures that all customers have the
option available to them. In restructured markets,
green power products are available from a range of
competitive suppliers. Customers are also increasing-
ly able to add  renewable energy to their default serv-
ice with "green check-off" programs, which enable
customers to select green power white maintaining
service with the default provider.
Structures
Long-term utility planning policies and incentive
structures play an important role in determining the
attractiveness of investments in energy efficiency
 *  Hew Jersey is the first state with restructu red' elec-
   tricity markets to institute a statewide voluntary
   Steeo power pr&gram, The New Jarse? Clean
   Energy Council established & y 50% over the Class S
   The state's Green Powe* Chafe e Program supports
   this g&ai by Implementing a statewide green check-
   off program that requires utilities to offer retail elec-
   tricity customers the option of selecting an energy -
   product with a titgher levef of reaewafofe energy
   than required hy the state RPS,            "-
 «  Nsw Mexico* provides a state-mandated
   gmeri ntftclfts program that w$s created
   tory authority In 2002, the New Mexico Public
   Regulation Commission tPBC^ adopted regu fattens
   rsquifjrtg all Investor-owned utilities and electric
   cooperatives i» the state m offer their customer a
   voluntary renewable energy tariff. These tariffs
   allow consumers foe option oJ purchasing more  ..
   renewable energy tlJ art is reared by ttee RPS,
   range Ir-oai 1 ,8'eertts/kWb to 3.Z cwrts/IWh, m$
   Unities a re aN required to develop ed u e ationsi
   programs for their e usftuner s on the benefits and
   availability oJ the vcSufltary renewable energy pro*
and clean DG. In many states, utility profits are
reduced if they experience decreased energy sales as
a result of aggressive investments in energy efficien-
cy or customer-sited distributed generation. The
Guide to Action describes specific approaches state
public utility commissions can use to address these
disincentives to creating low-cost, clean energy mar-
kets by allowing for a  fair, economically based com-
parison  between supply and demand-side resource
alternatives.

Portfolio Management Strategies
Portfolio management refers to the electric utility's
energy resource planning and procurement strate-
gies, covering both supply- and demand-side
resources. State PUCs  are requiring electric utilities
to conduct portfolio management as a way to pro-
    Executive Summary

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                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PAHTKEHSHIP
          •  The Northwest Power and Con&erv&ffon Comtek's
         ••"  fifth ffoftRwest Electric Power sod CmsBwafoa
            /%? «ci««t$s policies^o emrfjJe the m$iaft to mart-
            ag& uncertainties that effect the power system and
            mitigate risks associated with these uncertainties,
            Clean energy options promoted in ttie platv irtclutte
MW between 250$ $nd 2000),
                                             response (tar- .
            power (targeted at 1,100 MW between 2005 anil 2014
            Imm system benefit charges and utility JRi^
            (Northwest Power ani>ly*$«te investments $EC aflfi
                                                       CPIC
                                                       In Ssptamfcef 2002,^6 DfetgonPUC adopted a par-
                                                       tial decoupling mechanism for one of its flas irttli-  '
                                                       tie*, Northwest Natural 0a$, that ws<«; a price el«is-
                                                       tieity adjustment and a *everme stefecral recount
                                                       (Qregoft ?UC 20021 An evaluatta* feaad tfmthe  ,
                                                       mechanism reduced, but did not eompt&teJy
                                                       remove, the link bfltween sates and profits and that
                                                       it "is «n eff &ctivo means of redu«ir$ NW Maturftl's
                                                       di$)nesntwe to pr ornate energy efficiency, ^ (Hartsen
                                                       and Braithwait 20Q&),
                                                                                               Executive Summary

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                                   EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                                   CIlU E
                                                                                                   STATE PARTNERSHIP
efficient, affordable, and reliable energy can "level
the playing field" to allow for a fair, economically
based comparison between supply- and demand-side
resource alternatives.

States with incentive policies for demand-side
resources have implemented policies that: 1) remove
disincentives by  "decoupling" profits from sales vol-
umes, 2} ensure  that utilities recover their costs for
effective, economic energy efficiency and clean DG
programs, and 3) create incentives for utility man-
agers and shareholders to actively invest in well-run
and high-performing energy efficiency and clean D6
programs.

Emerging Approaches: Removing Unintended
Barriers to Distributed Generation
The unique operating profile of clean energy supply
projects (i.e., renewable energy and CHP) may require
different types of rates and different  rate structures.
However, if not properly designed, these rates and
charges can create unnecessary barriers to the use of
renewables and CHP. Appropriate rate design is criti-
cal to allowing utility cost recovery while also provid-
ing appropriate 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. A key state PUC objec-
tive is to ensure that  consumers receive reliable
power at the lowest cost.  In approving these rates,
the PUC can support renewable and CHP projects
and avoid unanticipated barriers while also providing
appropriate cost recovery for the utility services on
which consumers depend.

As of early 2005, several states had evaluated or
begun to evaluate  utility rate structures and had
made changes to promote CHP and renewables as
part of their larger efforts to support  cost-effective
clean energy supply as an  alternative  to expansion of
the electric grid. This  type of work is typically con-
ducted by the state PUC, through a formal process
(Le., docket or rulemaking) that elicits input from all
stakeholders.
  '.  foCs&wms, s&verai typ^s of exit and transition fee*
    exist that are hantfletft!f%entlY departs ontheutif-
    ity. Fee exemptions exist for various e)asses al renew-
    able and CHP systems, me luffing: systems smaller than
    \ MW that are rtet-fnetered or are eligible for CPUC or
    CEC jfl$ent*w$s for befog ttean aad supeM^jeaa; trftrs-
    clean and low-emission systems that are 1MW or
   , greater and compfy with California Air Resources
    Soard ftARBj  2807 a!r emission standards; and zero*
    $8))tt!i*a $r highly efficient {> 32,5% eWicteficyf systems
    bttiit after May 1,208t.  ....
  1  In New York, the New Yortc State PifbRc Senses
    SwiHnlssfon (NYPSC) voted to 4ufy 2003 to approve new
                     s' stsrtdfcy $te$trlc delivery- -
 service to OS customers artd standby service to inde-
 pendent wholesale electric generating plants that
 import flie-ctricity as "station power" to support tfretr
 opmilods. A key «*m$id« ration was lor the r$t«$ to
 result in ortsite generation running wtisrt it is less
 expensive than purchasing power IFGITI the grid. The
 NVPSC has also directed electric utilities to consider
 DQ »s an aJternaliwB to trafrtionat BlecMe distribution
 ccmpanies to create a naturaf gas rate class ipecifical-
 iy for DG users that provides predictable gas rates for
 the emerging 06 industry (ceings are frozen untlE at
 least the eiti of 2B07^>
   Executive Summary

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                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
IT*TE PMTNEMHir
        What States Can Do
        As described previously in this Executive Summary,
        states are supporting clean energy through a diverse
        range of programs and policies. Each policy descrip-
        tion in the Guide to Action includes specific action
        steps and best practices drawn from state experi-
        ences for designing, implementing, and evaluating
        clean energy programs. When developing a compre-
        hensive approach to clean energy, states can use this
        information to:

        • Develop a Clean Energy-Environment Action Plan
          that establishes clean energy goals to increase the
          use of cost-effective clean energy  in their state
          and identifies programs and policies to achieve
          these goals.
        • Implement a coordinated  package  of policies, pro-
          grams and strategies defined in the Clean Energy-
          Environment Action Plan.
        • Draw on federal, state, and other resources to help
          achieve clean energy goals.

        Develop 8 Clean Energy-Environment
        Action Plan
        A Clean Energy-Environment Action Plan describes a
        clear strategy for delivering  clean,  low-cost, reliable,
        and stable-priced energy to  state residents through a
        portfolio of energy efficiency, renewable energy, and
        clean distributed generation policies and programs.
        Chapter 2 of the Guide to Action details the key steps
        involved in developing this clean energy strategy.
        These steps typically include:

        1. Create a Collaborative. States have found  it par-
          ticularly useful to reach .out to the parties in their
          states that are interested in and/or may be affect-
          ed by changes in energy use within the state.  Key
          players in the collaborative  can  include represen-
          tatives from  the governor's  office, state legisla-
          ture, state agencies, and universities. Stakeholders
          include utilities; independent system operators
          and regional transmission organizations; inde-
          pendent power producers, independent transmis-
 The Gittdo to Action provides a mmu of clean energy
 pclleJesancfprogfanisthat states have suCc«ssfi/fiy , ,
 utvptenwwtti When aslag flw Guide toAttim
 « Seiecrlrom th« ffle nu of policies by mvt&wiff$ Table
   c ies that are mast likely to meet state tJQ9ls. C rcss-
   refarances are provided within each section to li&ip
   efficiently rtavigats the document
   Keep in mind that some of thfc pOlietes des cribs d in
   th« Jfcftfe & /tefiiSffi represent dJBf re« paths tetbe
   same goal o r can be used ia combination to achieve
   a goal.
   Coastder designing efean BEiergy programs fey butid*
         Items descrlbeti for each policy.
  sion system owners, and energy suppliers; envi-
  ronmental and consumer organizations; other pri-
  vate sector interests; and the public.
2. Establish a Quantitative Goal Based on Future
  Energy Use Expectations and the Potential for
  Clean Energy in the State. A quantitative clean
  energy goal defines a specific level of cost-effec-
  tive clean energy the state  can strive to acquire
  during a particular period of time. To define their
  goals, states can:

  •  Develop or refine a baseline inventory of their
     energy use and emissions and make projections
     about the future.
  •  Conduct energy-efficiency and/or renewable
     energy potential analyses to determine areas of
     greatest opportunity for  energy savings. These
     findings  help states identify opportunities and
     determine the feasibility of different goals
     based on technologies or resource availability.
     Understanding'and quantifying the potential for
     clean energy within the state also helps states
     ensure that they are providing adequate funding
     to make  cost-effective investments in clean
     energy.
                                                                                             Executive Summary

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                                  EPA Clean Energy-Environment Guide to Action (Prepublication Version)
  •  Quantify the full range of savings to maximize
     the benefits of clean energy.  By assessing and
     quantifying the full range of short- and long-
     term  energy,  environmental, and economic ben-
     efits from energy efficiency and renewable
     energy, states can ensure that their policy deci-
     sions are based on a complete accounting of
     the benefits of clean energy.
3. Identify both Existing and New Clean  Energy
  Policies and Programs. As states develop their
  Clean Energy-Environment Action Plans, they iden-
  tify policies that could help achieve their goal by
  conducting an inventory of existing policies; iden-
  tifying new clean energy policies that build on les-
  sons learned from their own experience and other
  states' experiences; and establishing criteria to
  evaluate the policies. When selecting policies to
  include  in their plan, states also can identify the
  market, regulatory, and/or institutional barriers to
  implementing the clean energy programs and
  develop approaches to mitigate or remove these
  barriers. Finally, states can also target support for
  investment in new clean energy technologies as
  they emerge in  the marketplace.
4. Design Policies and Evaluate Their Impacts. States
  compare the impacts of different clean energy
  policies to ensure that they work well together.
  They also find it advantageous to identify the type
  of action, key players required, and time frame for
  implementation when designing a policy. Once
  policies are initially designed, states use analytic
  tools to evaluate the options based on the criteria
  they have developed. The tools enable states to
  quantify the impacts of the various policies and
  rank them according to the agreed-upon criteria.
  This usually includes an assessment of the energy,
  economic, and/or environmental  and  public health
  impacts of the options.
5. Develop a Measurement, Evaluation, and Reporting
  Plan. As states design and evaluate clean energy
  policy options, they often find it  beneficial to  con-
  sider in  advance the ways they will measure the
  success of the implemented  policies. This measure-
  ment, evaluation, and reporting  plan  enables
  states to regularly check their progress against
  their goals and  adjust their course as needed.
6. Recommend Specific Actions for State Decision-
   Makers. Once policy options have been  assessed
   and ranked according to the desired criteria, the
   collaborative typically reviews the findings. Based
   on the rankings and discussion among the stake-
   holders, recommendations for action are presented
   in the Clean Energy-Environment Action Plan.

Implement the Clean Energy-
Environment Action Plan
The actions required to design and implement the
clean energy programs articulated in a Clean Energy-
Environment Action Plan vary according to type of
program. Nevertheless, the following key themes
have emerged that apply to all clean energy pro-
grams and that states can follow to help ensure the
success  of their programs:

•  Involve Stakeholders in Clean Energy Program
   Development and Deployment. Clean energy policy
   objectives require broad public and political sup-
   port to be successful. Successful states  have
   implemented clean  energy policies with the sup-
   port of their governor, legislature, and state agen-
   cies. If support  is lacking, states can consider
   implementing education programs on the environ-
   mental and economic benefits of clean  energy.
   When support for clean energy  activities is estab-
   lished, it is important to involve multiple stake-
   holders during discussions and negotiations about
   clean energy objectives.
•  Incorporate Clean Energy As a Resource in other
   State and Utility-Level Resource Planning
   Decisions. States can look for opportunities to   .
   incorporate clean energy policies as part of other
   state  and utility-level planning  decisions.
•  Evaluate the Effectiveness of Clean Energy Programs.
   Evaluation is important to sustaining the success of
   state  clean energy programs. By measuring  program
   success against stated objectives on a regular basis
   and in a transparent way, states can  identify prob-
   lems,  develop approaches for addressing these
   issues, and ensure continued support from stake-
   holders. Evaluating energy efficiency programs can
   also entail using special techniques to measure and
   verify the energy savings from these  programs.
   Executive Summary

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                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE F*«TNEBSHIP
        *  Communicate Program Results. States communi-
           cate the findings from their program evaluation to
           key players and stakeholders on a regular basis. By
           reporting on the progress and lessons learned for
           each clean energy policy and for the overall pro-
           gram and  soliciting feedback on these findings,
           states can ensure a transparent implementation
           process and continued support for their program.
           States can also help ensure continued support for
           clean energy policies by communicating the ener-
           gy, economic, and environmental benefits accrued
           from these programs to stakeholders.

        .Each of the policy description sections in the  Guide
        to Action describes how states consider these and
        other themes as they develop and  implement  clean
        energy programs and policies.

        Leverage Federal, State, and Other
        As states pursue policies and programs for promoting
        'clean energy, they can work with a variety of federal,
        state, and nonprofit organizations to help enhance
        their clean energy programs. Table ES.3 provides
        examples of how these federal, state, and other
        resources can be used when developing each of the
        16 clean energy policies and programs covered in the
        'Guide to Action. The following section, Information
        Resources, provides a list of the key federal voluntary
        program resources available to states (a more
        detailed description  is provided in Appendix A,
        Federal Clean Energy Programs) and a summary of
        the Web sites for each of the resources described in
        Table ES.3.
                                                                                            Executive Summary

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                                         EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                                           CIlIB Eimgy£tft'S*«»t:»Rt
                                                                                                           STATE  PARTNERSHIP
Tafcis ES.3; Fedtarai, Stats, s&*J Nonprofit Hssoursss for £RJhan&in§ $&$t§ CS*sr> Ensrgy

i IttiHi
Issd&y&cssipis&D
Stats «mE assess
Imrgy Pteaning {32}
Determining ths Air
aaaiySsssfifsof
Cisas Energy (IS)
Fussing an$
tornJV8$|3,4j
5 - ^ '
f ...
EssarsyEffe&Rey
?8«ftj!so SisndarsSs
{EEPSH4.D
Fu&Sis B«f)sf?J8 Rsnds
«PBIR>Her Energy
S8s»ncyf4J8
Building Cedss for
£?&sr$f£ffeisft«y{4J5
Stats AppSisfice
eficifSBcy Stewards
(44?
!i ii |i fill IHfil I i 11 if 1 ill i
.. 6l»{j*^S.$fetg?lsii8ihtisidlgss«igif«fte^^s \ ., .
• Establish energy savings and renewable energy goals for state and local government facilities (including leased
space), schools, colleges, and universities. Use ENERGY STAR tools, guidelines, and partnerships and join the ENER-
GY STAR Challenge to improve building energy efficiency by 10% or more.
• Procure ENERGY STAR-qualified products using ENERGY STAR product procurement information and online training
resources.
• Require ENERGY STAR certification as part of green building/energy efficiency standards in new state and local gov-
ernment buildings, K-12 schools, and colleges and universities.
• Purchase renewable energy for state facilities under EPA's Green Power Partnership Program.
* Use CHP in public facilities with help from EPA's CHP Partnership.
• Leverage ENERGY STAR consumer education activities, such as National Campaigns.
* Develop and implement a Clean-Energy Environment Action Plan with guidance and support from EPA's Clean Energy-
Environment State Partnership program.
• Leverage DOE State Energy Program funding (to state energy offices and grants authorized by EPAct2005 (Section
140) to support state energy planning and deploy clean energy technologies.
* Use the software tools, analyses and EPA guidance described in Section 3.3 of the Guide to Action to evaluate the air
quality benefits of clean energy policies and programs.
• Incorporate emission reductions from clean energy into air quality planning using EPA's Guidance: Incorporating
Emerging and Voluntary Measures in a State Implementation Plan (2004).
• Use ENERGY STAR financ ng information and training sessions for public and private sector organizations.
• Leam about federal and state funding opportunities using EPA's Funding Opportunities Directory and CHP and bio-
mass/biogas funding opportunities database.
• Use EPA's Supplemental Environmental Projects Toolkit to convert environmental enforcement settlements into envi-
ronmentally beneficial projects.
• Include provisions for energy savings performance contracting using the information resources in Section 3.4.
identify energy service companies in your state using ENERGY STAR'S online directory of service and product
prov ders.
• Leverage federal tax incentives authorized by EPAct 2005 for energy efficiency and renewable energy.
0^pfelr4xEn«ii|f-iisl9nef Astes ' ' . v'v- -
•• ff .. ...--....
• Assess energy efficiency potential, evaluate past successes, and then design, develop, implement, and evaluate a
customized EEPS program for your state. Contact EPA's Clean Energy-Environment State Partnership Program for
more information and technical assistance to support the design of an EEPS for your state.
* Enhance PBF programs by leveraging ENERGY STAR'S portfolio of energy efficiency program and service del very
models, building performance and product specifications, network of partners, and consumer education and aware-
ness campaigns.
• Regularly update, implement, evaluate, and enforce building codes using compliance tools, technical assistance and
other code information and support available from DOE and the Building Codes Assistance Project.
• Encourage construction of beyond-code ENERGY STAR-qualified new homes using ENERGY STAR education and
training resources.
• Use DOE's information resources to identify products that are covered by federal standards and obtain information
about state appliance standards
• Identify potential products for which standards could be established, and estimate the overall benefits and costs of
upgrading current standards or setting new standards using the information resources provided by the California
Energy Commission and the Appliance Standards Awareness Project.
                                                                                           {continued on next
         Executive Summary

-------
                   EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTN£R«Hir
          Tsbfe ES,3:  federal Sfcats, and fteipmfit Bsssuress for Enhanc
           Daipt-bsssci

           BtguiaJtoft* to
           Support Ci$aR£fis>rgy
           Standees (§4
                                    Determine the renewable energy and CHP potential in your state and develop an RPS for your state with assistance
                                    from the National Renewable Energy Lab (NREL) and EPA's CHP Partnership.
                                   ' Leverage the federal production tax credit and other federal incentives to advance renewable energy resource devel-
                                    opment and achieve standards.                         '               .
                                    Use lessons learned from other state PBF programs described in Section 5.2 of the Guide to Action to establish or
                                    enhance your state programs.
                                    Leverage other funding sources without activating "double-dipping" clauses. For example, incentives for wind proj-
                                    ects allow developers to take advantage of federal incentives such as the production tax credit (PTC) and accelerated
                                    depreciation.
                                    Contact EPA's CHP Partnership for assistance in designing a CHP incentive program.
• Review federal programs that have adopted output-based regulations with recognition of CHP, including the proposed
 New Source Performance Standards (NSPS) for NOX from electric utility boilers and combustion turbines, and the
 new EPA cap and trade programs (Clean Air Interstate Rule and the Clean Air Mercury Rule). For more information,
 visit CHP Partnership State Resources Web site.
 Use EPA's CHP Partnership resources, including Output-Based Regulations: A Handbook for Air Regulators to evaluate
 opportunities to adopt output-based regulations.
 Review existing model rules, such as those developed by FERC, NARUC, and IREC, as well as other state rules
 described in Section 5.4.
 Develop an interconnection standard for clean DG/CHP projects with assistance from EPA's CHP Partnership.
                                    Use EPA's Green Power Partnership resources and partners to enhance green power markets programs.
                                    Leam about other state Green Power programs and policy approaches using the information resources available in
                                    Section 5.5 of the Guide to Action and from the DOE Green Power Network.
                                    Take advantage of federal renewable energy incentives to complement state efforts to foster green power markets.
           PertMs
           Utility !»osfj!iv»s for
           DesBsmS-Sfds
           Bessuress {82}
           Emerging
           UtifySats Barriers to
 Link portfolio management policies to other state policies described in Section 6.1, such as RPS, energy efficiency
 policies, and energy planning policies.
 Incorporate lessons learned from other states and regions as described in Section 6.1 of the Guide to Action.
 Contact the EPA-State Energy Efficiency and Renewable Energy Projects staff and/or EPA/DOE Energy Efficiency
 Action Plan staff for further assistance.
 Incorporate lessons learned from states to remove financial disincentives and create incentives for utilities to invest
 in demand-side resources as described in Section 6.2 of the Guide to Action.
 Contact the EPA-State Energy Efficiency and Renewable Energy Projects staff and/or EPA/DOE Energy Efficiency
 Action Plan staff for further assistance.
 Contact EPA's CHP Partnership for assistance in evaluating current utility rate structures for DG, such as standby
 rates, and developing rate structures that avoid unwarranted barriers, while also providing appropriate cost recovery
 for utility services.
 Review the Regulatory Assistance Project's report, Accommodating Distributed Resources in the Wholesale Market
                                                                                                                  Executive Summary

-------
                                     EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Information Resources

Key Federal Program Resources

A list of key EPA and DOE voluntary program resources available to states is provided in the following box.
  EPA andGQEadttttaister a wmtherof
  vgluritajy programs &at promote t)re
  jjfoducUon and ttss sf ctesn energy antt
  Eavirorrmevt State Partnership
                programs include;
  EWEBGYSTAR is a vokmtery, publte-prt*
  vsta partnership designed to reduce
  emissions, the program, administered
  jjoirrtyr fcy €PA and the Department 8 snviranmsnta) impact of power
eration hyfosteringtiie use ofCHP.Tfte
CHP Partnership works closely wftii
BOWgy «5«rs« the CHP irKfestry, ?tete
and local governments, and ttther state-
hotdefs to support the rfevelopment of
nw policies, progcarBS, an^ ptojects
and promotes thafreaarjjy, *awiro>roan-
tat, and economic beneffts. Mere trtfor-
maizon is swaSahla 3tvwvw.eoa.gov/chp.
EPA*s Gtssn Power Partnership tea vo}-
SFrt«fy partnersWp bBtvsweg f PA and
arga^ations ^at are interested In buy-
Ing green power.through this ptogmtt,
EPA supports organizations that; are
buying, or panning to buy, gtem power.
 As a Sce«n
 fion piiedgesto replace $ portion of its
 electricity consumption with green -
 power wfttfn one year of joining the
 partnership,
 POE'sOWce of Enaf8¥ EfReienrey and
 Senswahla Esergyf {EEBE) provides
 teehnittd assistance to state and local -
 jurisdittiotis that firtabies them to adopt
 cy technologies. The program offers
 tfaJning, technical assistance, and
 irrformstjori art state attiviUes. More
 informstiert can be found at
 DOE provides |ra«ts ta states and  '
 directs funding to state energy offices
 fromtechadogy prqsrapns m EiRE,
 States ese grants to address ^»efr ener-
 gy priorities and &togram funding to
 deploy emergbi renewable energy and
 energyegfcfetjeyteelroofopig. Jstere -
 informat'en !s avaltaole at
TAP prqvWe55tatft ar^j feca! officials
quJck/sSiort'term access to experts at
DOS natfortdf iaboratotiesfor assistance
with crosscuMng renewable eftefgyasd
energy efficisncy policies awl programs/
TAP helps states in crosscuttjng areas
. not ewreftfy ctwered by an easting DDE
program, Mare infarrrtation is avgilgble
  Executive Summary

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              EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Sr»TE PARTNERSHIP
        Federal State, and Mangovernmenta! Clean Energy Resources
        The following Web sites provide links to the federal, state, and nonprofit information resources and technical assis-
        tance opportunities that are described in Table ES.3.
i^l^^s i
li»i»iy|:
EPAsftdOQS
£PA
ill i !!! 1 ! i ! ! IliS^^f^ 1 Mill

ENERGY STAR Financing Strategies
ENERGY STAR for Government
ENERGY STAR National Campaigns
ENERGY STAR Online Training
Sessions
ENERGY STAR Purchasing &
Procurement
ENERGY STAR Qualified New Homes
ENERGY STAR Qualified Products
ENERGY STAR Residential
Marketing and Sales Materials
ENERGY STAR Service and Product
Provider Directory
Energy Effic ency Action Plan
Federal Tax Credits for Residential
Energy Efficiency
Clean Energy-Environment State
Partnership
Combined Heat and Power
Partnership
* CHP Partner Resources, Funding
Opportunities
• CHP Partnership State Resources
• CHP Partnership State Resources:
Output-based . Regul ation s
• CHP Partnership State
Resources: Utility Rates
EPA Guidance Documents:
Incorporating Emerging and
Voluntary Measures in a State
Implementation Plan
EPA-State Energy Efficiency
Renewable Energy Projects
Funding Opportunities: A Directory
of Energy Efficiency, Renewable
Energy and Environmental
Protection Assistance Programs
Green Power Partnership
Supplemental Environmental
Projects Toolkit
El 1 1 i 1 ii ! i i i! 1 i ! |i ! m 1 ! IW^ U !:!!! 1 liii! :
111! I 1 Him i! ih H ill!!! ! IN
, I*dam1ite*8are«& - ,, - ' \- \
http://www.energvstar.gov/index.cfm?c=business.bus_internet_presentaticns#money
ik
http://www.en erg ystar.gov/index.cfm?c=governmentbus_government
http://www.en ergystar.gov/index.cfm?c=promotions.ptjiationaLpromotions
http://www.energystar.gov/index.cfm?c=business.bus_internet_presentations#procurc
http!//www.energystar.gov/index.cfm?c=bulk_purchasirig.bus_purcriasing
http^/www.energy star.gov/index. cfm?c=new_homes.hm_index
http;//www.energystar.gov/index.cfm?fuseaction=find_a_product
http://www.energy star.gov/ind ex.ctm?c= bid rs_lenders_raters.pt_ResMktgSalesMater
*
http://www.en ergystar.gov/index. cfm?fuseaction=SPP_DIRECTORY
http://www.epa.gov/cleanenergy/eeactionplan.htm
http://www.en ergystar.gov/index. cfm?c=products.pr_tax_cred its
http://www.epa.gov/cleanenergy/stateandlocal/ourpartners.htm
http://www.epa.gov/chp/
http://www.epa.gov/chp/funding_opps.htm
http://www.epa.gov/chp/state_resources.htm
http://www.e pa .gov/chp/state_resources/ou tput_based_reg.htm
http://www.epa.gov/chp/state_resources/utility.htm
http://www.epa.gov/ttn/oarpg/tl/memoranda/evm_ievm_g.pdf
(http://www.epa.gov/cleanenergy/stateandlocal/guidance.htm)
http://www.epa.gov/cleanenergy/utilitypolicy/
http://www.epa.gov/cleanenergy/pdf/eerejun.pdf
http://www.epa.gov/greenpower/
http://www.epa. gov/cleanenergy/pdf/sep_toolkit.pdf









als










                                                                                      Executive Summary

-------
                               EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                              STATE PARTNERSHIP

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Appliances and Commercial
Equipment Standards
Buijding Energy Codes Program
Energy Policy Act of 2005: Tax
Credits for Renewable Energy
The Green Power Network
National Renewable Energy
Laboratory
State Energy Program

|m^^
http://www.eere.en ergy.gov/bu ildings/appliance_standards/
http://www.energycodes.gov/
http://www.energy.govAaxbreaks.htm
http://www.eere.energy.gov/greenpower/
http://www.nrel.gov/
http://www.eere.energy.gov/state_energy_program/about.cfm
»*vamt^1toaHms * . '--
Appliance Standards Awareness
Project Web site
Build ng codes implementation ar
technical assistance
Appliance efficiency regulations
and products database
Information on federal incentives
for renewable energy
RAP report: Accommodating
Distributed Resources in the
Wholesale Market
LEEO certification requirements
http://www.standardsasap.org
http://www.bcap-energy.org
http://www.energy.ca.gov/appliances/
http://www.dsi reusa.org/libra ry/includes/genericfederal.cfm?CurrentPagelD=1&state=us
http://www.raponline.org/showpdf.asp?PDF_URL=%22Pubs/DRSeries/DRWhllMkt.pdf%22
http://www.usgbc.org
Executive Summary

-------
               EPA Clean Energy-Environment Guide to Action {Prepublication Version)
Nun En»rjyl:i:iit.-(M.'jt«iit
STATE P»»TNE»SHIf
        EPA Clean-Energy-Environment State Partnership Contact Information

        To download the Clean Energy-Environment Guide to Action, visit  EPA's Clean Energy Web site at
        http://www.epa.gov/cleanenergy/stateandlocal/.

        To order a print copy of the Guide to Action, contact the National Service Center for Environmental Publications
        (NSCEP) at http://www.epa.gov/hcepihom/ordering.htm. Or call NSCEP at: 1-800-490-9198.
        Request EPA Publication No. 430-R-06-001.

        For more information about the Guide to Action, please contact the EPA Clean Energy-Environment State
        Partnership staff:

        EPA Clean Energy-Environment State Partnership Contacts:
        Julie Rosenberg, Branch Chief
        Phone:  (202)343-9154
        E-mail: rosenberg.julie@epa.gov

        Steve Dunn, Policy Analyst
        Phone: (202) 343-9341
        E-mail: dunn.stevev@epa.gov

        Mailing Address:
        U.S. Environmental Protection Agency
        1200 Pennsylvania Avenue, NW
        6202J
        Washington, DC 20460
                                                                                        Executive Summary

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                                 EPA Clean Energy-Environment Quids to Action (Prepublication Version)
                                                                                              ClMD IBBj]fB»f«»i!R«!t
                                                                                              ST»Te PHI1TNEBSHIP
References

p^"«^^^^mfeyaii^y^^^M^^^^m
ACEEE. 2004a. A Federal System Benefits Fund: Assisting States to Establish Energy
Efficiency and Other System Benefit Programs. American Council for an Energy-
Efficient Economy, Washington, DC.
ACEEE. 2004b. Five Years In: An Examination of the First Half -Decade of Public
Benefits Energy Efficiency Policies. Report # U041. American Council for an Energy-
Efficient Economy, Washington, DC. April.
ACEEE. 2004c. Summary Table of Public Benefit Programs and Electric Utility
Restructuring. American Council for an Energy-Efficient Economy, Washington, DC.
Bird, L and B. Swezey. 2004. Green Power Marketing in the United States: A Status
Report. Seventh Edition. NREl/TP -620-36823. National Renewable Energy Laboratory,
Golden, CO. September.
CEC. 2003. Initial Study/Proposed Negative Declaration for the 2005 Building Energy
Efficiency Standards for Residential and Nonresidential Buildings. P400-03-018.
September. California Energy Commission.
CEC. 2QQ5a. California Energy Commission. Integrated Energy Policy Report
Adopted November 21, 2005. Docket #04-1 EP-1 et. al.
CEC. 2005b. California Appliance Efficiency Regulations. CEC-400-2005-012. April.
CEC and CPUC. 2005. California Energy Commission and California Public Utilities
Commission. Energy Action Plan II, Implementation Roadmap For Energy Policies.
October.
Connecticut Energy Advisory Board (CEAB). 2005. Energy Plan lor Connecticut
Prepared by the Connecticut Energy Advisory Board for the Connecticut General
Assembly. January.
CPUC. 2004. Order instituting Rulemaking to Examine the Commission's Future Energy
Efficiency Projects, Administration and Programs, September 23, 2004, Decision 04-
09-060, Rulemaking 01-08-028 "Interim Opinion: Energy Savings Goals for Program
Year 2006 and Beyond." California Public Utilities Commission.
CPUC. 2005b. Press Release: Comments at September 22, 2005 PUC Meeting by
Commissioner Susan P. Kennedy. "PUC Launches Groundbreaking Energy Efficiency
Effort". September 22, 2005.
Delaski, Andrew. 2005. Personal memo from Andrew DeEaski, Appliance Standards
Awareness Project. August 1.
DSIRE. 2005. Database of State Incentives for Renewable Energy Web site.
DOE. 2005a. State Energy Program: Projects by Topic-What are State and Local
Government Facility Projects in the States?
DOE. ZODSb. State Energy Alternatives: Energy Codes and Standards. Energy Efficiency
and Renewable Energy Web site. U.S. Department of Energy, Washington, DC.
DOE. 2005c. Texas Revolving LoanSTAR Conservation Update Feature Story. U.S.
Department of Energy, Energy Efficiency and Renewable Energy, State Energy
Program Web site. January/February.
DOE. 2Q05d. Green Power Markets: Green Pricing Utility Programs by State. Energy
Efficiency and Renewable Energy, DOE Web site. Decembers.
!!i!|!!i!!||!|!f|1|^^Mj ||j 1 1|| III
h ttpy/www. ace ee.org/en ergy/pbf .htm
http ://www. ac eee.org/pubs/u04 1 . htm
http://www.aceee.org/briefs/rnktabl.htm
http://www.eere.energy.gov/greenpower/pdfs/36823.pdf
http://www.energy.ca.gov/reports/
2003-Oa-12_400-03-018.PDF
http://www.energy.ca.gov/energypoticy/index.html
http ://www. energy.c a. gov/a pp lian c es/20Q5reg u lations/
index.html
http://www.cpuc.ca.gov/PUBLISHED/REPORT/51604.htm
http://www.cerc.com/pdfs/ceabenergyplan_final05.pdf
http://www.cpuc.ca.gov/PUBUSH ED/FINAL.DEC1SION/
40212.htm
http://www.cpuc.ca.gov/PUBUSHED/NEWSJlELEASE/
49757.htm
N.A.
http://www.dsireusa.org/index. cfm?&CurrentPagelD=2
http://www.eere.energy.gov/state_energy_program/
topic_definition_detail.cfm/topic=115
http ://www. ee re. en ergy.gov/states/alternatives/
codes_standards.cfm
http://www.eere.energy.gov/state_energy_program/
feature_detail_info.cfm
http ://www. ee re.energy.gov/gre en power/markets/
pricing.shtml?page=1
  Executive Summary

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              EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTKEIISHIF
       References  (continued)

Ecotope. 2001. Baseline Characteristics of the Residential Sector Idaho, Montana,
Oregon, and Washington. Northwest Energy Efficiency Alliance, Portland, OR.
December.
EIA. ZOOSa. Annual Energy Outlook 2005. DOE/EIA-0383(2005}. U.S. Energy Information
Administration, Washington, DC. January.
EIA. 2DD5b. Average Retail Price of Electricity to Ultimate Customers by End-Use .
Sector, by State, Table 5.6.A. May 2005 and 2004. Energy Information Administration,
Electricity Web site.
EIA. 2005c. Electric Power Monthly. Data for December 2005. Table 5.6.A. Average
Retail Price of Electricity to Ultimate Customers by End-Use Sector, by State,
September 2005 and 2004. U.S. Energy Information Administration, Washington, DC.
EIA. 2005d. U.S. Electric Net Summer Capacity, data for 2004. Coal, Nuclear, Electric
and Alternate Fuels, August 2005. U.S. Energy Information Administration,
Washington. DC.
EPA. 2004a. Output-Based Regulations: A Hand book for Air Regulators.
Environmental Protection Agency. April 22.
EPA. 2004 b. Incorporating Emerging and Voluntary Measures in a State
Implementation Plan. U.S. Environmental Protection Agency, Office of Air Quality
Planning and Standards. September.
EPA. 2005a. Air Data Web site. 2005 data. Environmental Protection Agency.
Accessed November 2005.
EPA. 2005b. EPA Research. Complied by EPA from various state legislation and regu-
lations.
Gross, T. 2005. Texas PUC personal communication with Theresa Gross.
Hansen, D.G. and S.D. Braithwait 2005. Christensen Associates. A Review of
Distribution Margin Normalization as Approved by the Oregon Public Utility
Commission for Northwest Natural. March.
Iowa. 2005. Governor Vilsack Directs State Agencies to Improve Their Energy
Efficiency. April 22.
Nadel et al. 2004. Nadel, S., A. Shipley, and R.N. Elliott The Technical, Economic and
Achievable Potential for Energy- Efficiency in the U.S.-A Meta-Analysis of Recent
Studies. American Council for an Energy-Efficient Economy, Washington, DC. From
the proceedings of the 2004 ACEEE Summer Study on Energy Efficiency in Buildings.
Nadel, S., A. deLaski, J. Kleisch, and T. Kubo. 2005. leading the Way: Continued
Opportunities for New State Appliance arid Equipment Efficiency Standards. Report
Number ASAP-5/ACEEE-A051. American Council for an Energy-Efficiency Economy,
Washington, DC, and Appliance Standards Awareness Project, Boston, MA. January.
Navigant Consulting. 2003. The Changing Face of Renewable Energy. October.

www.n walli anc e. com/re sou re es/re ports/95, pdf
http://wvw.eia.doe.gov/oiaf/archive/aeo05/index. html
http://www.eia.doe.gov/cneaf/electricity/epnV
table5_6_a.html
http://www.eia.doe.gov/cneaf/electricity/epm/
table5_6_a.html
http://www.eia.doe.gov/cneaf/solar.renewables/page/
trends/tablelihtml
http ://www.e pa.g ov/ch p/pdf/o ut put_rpt.pdf
http://www.epa.gov/ttji/caaa/tVmeta/m8507.html
http://www.epa.gov/air/data/index.html and
h ttp^/www. epa . g ov/a ir/d ata/n on at.html?
us~usa~United%2QStates
N.A.
N.A.
Christensen Associates Energy Consulting, LLC
4610 University Avenue, Suite 700
Madison, Wisconsin 53705-2164
Voice (608) 231-2266 Fax (608) 231-2108
http://www.governor.state.ia.us/news/2005/april/
april2205_1.html
http ://www.ace ee.org/conf/04ss/rn emeta. pdf
http://www.standardsasap.org/a051.pdf
URL not available.

1 |














                                                                                  &»• Executive Summary

-------
                                                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                                                            Elgin inefj)fB«!r
-------
I Clean
ESTATE  PARTNERSHIP
      Summary
      Across the nation, states are developing and adopt-
      ing a variety of clean energy policies and programs
      to meet energy, economic, and environmental goals.
      These efforts are significantly increasing end-use
      energy efficiency, production of renewable energy,
      and the efficiency of energy generation. They have
      resulted in substantial energy savings, improved air
      quality, reduced greenhouse gas emissions, improved
      reliability, and security of the electric grid. They have
      also enhanced economic development and created
      new jobs.

      Clean energy policies and programs with which
      states now have considerable experience include:

      •  Providing sufficient energy efficiency program
         funding (through a variety of means) to capture
         significant portions of the cost-effective energy
         efficiency potential in the state.
      •  Developing utility incentives and removing disin-
         centives to encourage greater utility investment in
         energy efficiency.
      •  Establishing state-level appliance efficiency stan-
         dards for products and equipment.
      •  Establishing or updating  residential and commer-
         cial building codes and improving building design
         and  operation practices.
      •  Setting electricity portfolio requirements for ener-
         gy efficiency, renewable energy, and combined
         heat and power (CHP) and other clean distributed
         resources.
      •  Developing electricity market rules that'remove
         obstacles to advanced high-efficiency clean dis-
         tributed generation (OG) systems, including CHP.
      •  Leading by example by promoting and investing in
         energy efficiency and renewable energy.for state
         buildings and facilities, among  other initiatives.
        is a voluntary program designed to help states
review 3nd adopt avails bis palicfes arttf programs that
eflestivsly integrate ctesft snersv toto s Sow-cast,
clean, reliable etvergy system for the state. Cleaa ener-
gy includes energy efficiency and ctean energy supply,
which includes clean D8' and renewable energy.  '"  -
States participating m the Clean Energy-Environ tpnt
Stats Partnership Program will use tfje Qvide to Action
Planter using existing and new energy policies
programs to increase the use ol ctean energy.
identifies and describes 1& clean energy policies and
strategies that are delivering economic and envifori-
mental results lor states. These pofe'tes focus en
rionsr businesses, arid etectriclty generation.
the re are also opportunities for states to promote
clean energy in the transportation sector, the Guide tff
exploring the additt&rj of these policies at a later dale,
T^a Swife toAttion help$ st$t^ energy asil eaviron-
mental palicymakers ctesigo and Implement a clean
energyrplaftttiatwilt
* S*ve money |)y iDwecing energy demand ant} stipply
  costs.
• Lower em issions of greenhouse gases and i tnprove "
» Reduoe price volatility 1ft wsrgy markets,
» Eftfeancs tfte lefeljllity^f the electric
» Avoid the need lor new power plants and related ' •
  fuel artd supply infrastrticture.
* Create economic development opportunities and ' '-
  new jobs,
* Thf Bttghsat (be Guide to Actien, 'cfesn DG* refers Is nofr caitraitz-ed,
  usu
        Chapter 1. Introduction and Background

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                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Clim S
STATE FARtNEflSHir
        The U.S. Environmental Protection Agency (EPA) has
        developed this Clean Energy-Environment Guide to
        Action to help states build upon this broad experi-
        ence, evaluate a suite of clean energy options, and
        develop a  Clean Energy-Environment Action Plan to
        outline the programs and policies that will increase
        their use of cost-effective clean energy. The Guide to
        Action describes 16 clean energy policies and  strate-
        gies that states have used to meet their clean energy
        objectives. For each policy, the Guide to Action pro-
        vides an overview of the benefits and  details how
        states have successfully designed and  implemented
        the policy.

        The 16 clean energy policies focus  on  the role of
        demand- and supply-side resources (i.e., energy effi-
        ciency/renewable energy [EE/RE] and CHP) in provid-
        ing clean, reliable, and affordable energy for homes,
        businesses, and public institutions. Clean energy also
        plays an important role in reducing emissions from
        the transportation sector. Examples of the types of
        clean energy transportation policies that states  are
        implementing and resources for further information
        are shown below in the box  entitled Sfare Clean
        Energy Policies for Transportation on page 1-3.


        Why Clean  Energy?
        States are facing a number of environmental,  public
        health, energy, and related challenges. Clean energy,
        where cost-effective, offers a way to meet these
        challenges, which continue to expand as energy
        demand continues to grow. The benefits of clean
        energy include:

        •  Reduced emissions of air pollution and greenhouse
           gases.
        •  Lower customer energy bills.
        •  Enhanced economic development and job creation.
        •  Improved reliability and security of the energy
           system.

        A  more detailed discussion of the challenges states
        are facing and how clean energy policies and  pro-
        grams can help address them is provided below.
 Clean energy foetudes demand and supply-side
 resiurrc es that deliver clean, reliable, and tew-eest
 ways to meet energy tfemsmd awl re
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                                   EPA Clean Energy-Environment Guide to Action (Prepublication Version)
   Greenhouse gases aft another by-product of fossil
   fuel combustion. The levels of heat-trapping car-
   bon dioxide (C02) in the atmosphere are expected
   to rise in the future as energy use and fossil fuel-
   based generation increase. States are concerned
   about how their economies, natural resources and
   ecosystems, water supplies, and public health
   could be affected by global climate change and
   are taking action to reduce their greenhouse gas
   emissions (Rabe 2004).
1 .
                                       (8-hour}
                           NonattainmMit Status
y                              Attainment
                              Part ol County
                           ESS&WHol* County
Rpre Ub: Monsttainragnt Aress
                  0
                    Non attainment Statin
                    I  j Atuinm«nl
                    M£^S p*rt of County
                            unty
  Chapter 1. Introduction and Background
Although emissions of sulfur dioxide (S02) and nitro-
gen oxide (NOX) from power generation are declining,
ground-level ozone exceeds federal standards for the
protection of public health in many areas of the
country. In April 2005, with the designation of non-
attainment areas for ozone (8-hour) and fine partic-
ulate matter (PM) in effect, 134 million people were
living in more than 470 counties where the air quali-
ty sometimes exceeds the federal 8-hour standard
for ozone (see Figure 1.1 a). Seventy-five million peo-
ple were living in more than  200 counties that do
not meet the PM2.5 standard (i.e., for PM that is  2.5
micrometers or smaller; see Figure Lib) (EPA 2005a).
States with  counties that are not in attainment with
these standards need to develop and implement pro-
grams that reduce air pollution so that these areas
meet federal air quality standards.
                                                 The Cfean Snefgjf-EqvifQtunent Guide & Aetfaa foeus-
                                                 es 0ft clean energy opportunities for homes, business- .
                                                 as, and electricity generation, Ttw6 are also many  , '
                                                 opportotifttes far states tt> Demote; sleao energy (nth*
                                                 transpartatiert sector, which represents approximately
                                                 one-third of U.S. energy Vonstimption,  In some states -
                                                 fe.g., California), tran^ioitation'r&^resBRtsflaorfltbas ' ,
                                                 tail o$ the site's total energy $0n$uatpt< States are -
                                                 developing their own clean energy transportation ppfi-
                                                 cies and initiatives that aie helping to improve air quaf- :
                                                 ityy savs energy, and reduce depertdejTcs on ljuported
                                                 energy source. Tft0s« po?ictes afld tftiiatives tactiwi*
                                                 setting minimum requirements for the use ol bioloeis,
                                                 purchasing efiictent vehicles for state fleets, and  -
                                                 developing refueling infra structure for alternative-fuel -;
 For eitample, Mlnnsscts's clean fuels program uses   ,
 i^nswabte fti^te product in ivilft^t^ s«cN as
 ethatvoS and hiodiesel, ta reduce m po|!uti<>5, promote
 economic ttevelo prnent, and red a ce de pendsnce on
 imported asergy supplies. Th« program Is eredStefi
 with heipins the state achieve art acceptable level 
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                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
        Energy Challenges
        States and the U.S. energy industry face multiple
        challenges in providing affordable, clean, and reliable
        energy in today's complex energy markets. These
        challenges include:

        •  Electricity demand continues to rise. Given current
           energy consumption and demographic trends, the
           U.S. Department of Energy (DOE) projects that U.S.
           energy consumption will increase by more than  a
           third by the year 2025. Electric power consump-
           tion is expected to increase by almost 40%, and
           total fossil-fuel use  is projected to  increase simi-
           larly (EIA 2005a). This growth in demand stresses
           current systems and requires substantial new
           investments in system expansions.
        •  Energy reliability and security is crucial.  Recent
           events, such as the Northeast electricity blackout
           of August 2003, increased focus on the need for
           energy reliability and its economic  and human
           welfare affects. These concerns, combined with
           the year-to-year uncertainty surrounding avail-
         The potential energy savings achievable through state
         actions is significant. EPA estimates that if &aCh state
          ronmertt potioiesrtlie expected growth in demand for
                        be cut m half by 2025, acid more
                 Coufd be m&t through Cteaner energy supply,
                  l meat* aimuaj savtoss of «io« than 9GD bil-
          lion kilowatt-hours (kWh) and $7fl hilan in energy
          costs by 2.525, while preventing the need for more than
          3B0 power plants a»ii the greenhotisfc gas e misstate
          ! This estimate fe based open IPA analysis trf itjttependsrtf media-
           tions oi the pstefttratfor eost»etfsetiw energy efficacy JTB»SJ>
            electricity including B 2004 msta-BBstysis that examined the
            casute ef 11 $8er«flt8a«ife$ih« estimated the poten&J for
           iar tfifi Unitatf States as a wttole (Nad el «t at 20E»5, Tftis mala*
           gnsiysts shows tfwthe «tiofi of sconoffiicsBv teasibfe «*wi
                             t BS yet untapp«t,. Energy eflictency ' '
           which wtm!d result in a 50% orflfeatBrradtfctiofrin Jhe growth to
           etectrictty deeaaTrd by 2025.
  ability of hydro resources and continued public
  uncertainty about the safety of nuclear power and
  its waste products, presents risks for many of the
  current generation methods. In addition, owners
  of energy generation, transmission, and distribu-
  tion assets, and all levels of government are pay-
  ing increased attention to the security risks sur-
  rounding our critical energy supply, transmission,
  and distribution infrastructure.
• Transmission systems are overburdened in  some
  places, limiting the flow of economical generation
  and, in some cases, shrinking reserve margins of
  the electricity grid to inappropriately small levels.
  This can  cause reliability problems and high elec-
  tricity prices in or near congested areas.
• Many existing base load generation plants are
  aging..Significant retrofits are needed to ensure
  old generating units meet current and  future
  emissions regulations.
• High energy prices. Higher natural  gas  prices
  increase  energy costs for households and business-
  es and raise the financial risk associated with the
  development of new generation  based  on  gas
  technologies, which  had been expected to make
  up  more  than  60°/o of capacity additions over the
  next 20 years  (EIA 2005a). Coal prices  are also
  increasing  and contributing  to higher electricity
  costs.

Related  Challenges
In addition to environmental and energy  challenges,
other challenges facing states include:

• Addressing concerns about energy prices and the
  ability of consumers, especially low-income house-
  holds, to pay energy bills. Inability to pay  energy
  bills has repercussions for individuals and  the
  economy.
• Addressing economic development needs,  particu-
  larly in rural areas and small communities.
• Educating  the public about  energy issues,  includ-
  ing raising awareness about using energy  wisely
  and the  consequences of energy use, and  motivat-
  ing behavior changes.
• Addressing community opposition  to siting new
                                                                               Chapter 1. Introduction and Background

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                                   EPA Clean Energy-Environment Guide to Action (Prepublication Version)
 Recent state analyses have found that that there is
. potential for eteao energy to eost-efiect'tveiy mset
, much of tfw jrowtN in energy rfsm^fttf expected ever
 the next ten to twenty years (Nadel ef aL ?004, Seller
 at at, DOS, snd Rufo and Coito, 2002.)- Aaa^yses have
 a Iso shown that energy efficiency « an be d elivered  •
 tnfouiiii p«>p».m$ at a cost ($0,fl2^,CM/kWil awctv tess
 than n«w g-etve reHea, offering a (ow-eost m &a ns of
 m&fsasiflg the overall f&fiablty of the system as both
 base load and peak load demand are reduced  (Nad el
 artd (teller 2801}-
 As an example, thr6«sjh 2004 California's energy effi-
 ciency e«>§ra»tt$ have $avetf 14,00$ gtgawatHwuns
 (GWh), 1$ percem oi the expected desn^rtd growth,
 over the past ZSvssr3- Cafiforma's recent energy «#f-
 Bi»Rey pfograms^ontmufl te detiver 6fficr«f«;y at half
 the cost of base Iflad $n^ toatl and stress ttt the powtf 
-------
                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
          energy, as DG, can reduce electricity infrastructure
          vulnerability, improve security of the electricity
          system, and reduce grid congestion. These tech-
          nologies can be operated independently in the
          event of a disruption to central systems and tar-
          geted to load pockets to reduce grid congestion,
          potentially deferring  or displacing more expensive
          transmission and distribution infrastructure invest-
          ments. A 2005 study for the California Energy
          Commission (CEC) found that strategically sited
          DG yields improvements to grid system efficiency
          and provides additional  reserve power, deferred
          costs, and other grid  benefits (Evans 2005). Energy
          efficiency can also improve electric system relia-
          bility since energy efficiency reduces both base
          load and peak power requirements, thus decreas-
          ing the likelihood of system failure (Nadel and
          Geller2001).
        • Increase Fuel Diversity. Increased fuel diversity
          avoids over-reliance on  a single fuel, which can
          cause disruption or price volatility if supply of that
          fuel is constrained. Renewable  energy technologies
          broaden the energy mix. CHP can be fueled by a
          variety of fuels, including natural gas, coal, bio-
          mass, and biogas.
        • Provide More Efficient Use of Natural Resources.
          Energy efficiency reduces demand for energy gen-
          eration, which reduces the amount of fuel—coal,
          natural gas, or oil-needed to power our daily
          lives. CHP can provide much greater energy output
          for the amount of fuel used and renewable energy
          sources avoid the use of fossil fuels. Each of these
          clean energy sources also result in water savings
          through reduced water use and avoided thermal
          pollution.
        • Increase State Economic Development .Investments
          in clean energy can promote economic develop-
          ment in a variety of ways. According to several
          studies, energy efficiency leads to energy bill sav-
          ings, with re-spending of these savings supporting
          more jobs than  if the energy were purchased
          (SWEEP 2002). Clean energy projects create short-
          term construction and installation jobs and pro-
          vide numerous long-term opportunities associated
          with new clean energy  businesses (Rabe 2004 and
  Gelter et al 2005). EE/RE and CHP may help reduce
  fuel price volatility and increase fuel diversity,
  leading to a more stable energy supply'portfolio
  (Wiser et al. 2005). Energy efficiency and renew-
  able energy also draw on local resources that can
  offset imports from out-of-state. Use of these in-
  state resources improves the state balance of
  trade and can create long-term economic value.


Opportunities for State  Action
State policies and programs are successfully expand-
ing the role of clean energy in the U.S. energy sys-
tem. States are finding clean energy to be cost-com-
petitive with traditional sources of generation, as
demonstrated in Figure 1.3, which illustrates the
comparative cost of electricity from a range of
sources, including energy efficiency, under typical
assumptions.

To help capture the cost savings and other benefits
of clean energy, many states have implemented poli-
cies and programs to increase the use of clean ener-
gy alongside other sources. For example:

• Seventeen states have adopted public benefits
  funds (PBFs) for  energy efficiency that provide
  more than $1  billion annually to support cost-
  effective clean energy (ACEEE 2004b).
• Twenty-one states and Washington, D.C. have
  adopted renewable portfolio standards (RPS) to
  increase the amount of wind, solar, biomass, and
  other renewable resources in their energy portfo-
  lios. Existing RPS requirements are expected to
  result in the generation of more than 25,000
  megawatts (MW) of new renewable energy  by
  2017—enough power for nearly 17 million homes
  (Wiser eta I. 2004).

Nevertheless, there  remain significant additional
opportunities for states to implement policies  and
programs and spur greater investment in clean ener-
gy. This section  provides an overview of opportunities
for  state action for each of the clean energy areas:
EE/RE and CHP.
                                                                             Chapter 1. Introduction and Background

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                                  EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Rgurs 1,3 Cisan Energy is CQmpstHsVs with Fossli-
       10.0
       8.0 •
       0.0
   I Capital costs  (;g]0&M costs [||Fuel costs  ^Transmission costs
States are finding that well-designed and adminis-
tered energy efficiency programs can cost-effectively
offset a significant portion of expected growth in
energy demand.

Achievable savings range from 10°/o to 35% of elec-
tricity demand and up to 10% of natural gas demand
(Nadel et al. 2004). For example, a  recent study of
Connecticut's energy efficiency potential found that
there is significant potential in all sectors of the
state and that the state could  reduce both peak
demand and electricity use by  13% between 2003
and 2012 at an average cost of 1.4 cents/kWh saved
(lifetime).  In addition, capturing the achievable and
cost-effective energy efficiency potential would gen-
erate $3 in benefits for each $1 invested-equivalent•-
to net benefits of $1.8 billion (Schlegel 2004 and
Environment Northeast 2005).
Chapter 2, Developing a Clean Energy-Environment
Action Plan, presents more information about state
clean energy potential studies and links to individual
state analyses. Other studies indicate similar levels of
savings for California, the Northwest, the Northeast,
and other locations. These potential studies build on
more than a-decade of experience showing that
well-designed energy efficiency efforts cost less than
traditional sources of generation, while offering a
range of environmental and economic benefits that
continue to  accrue year after year. These programs
are saving energy, on average, at a  lifecycle cost of
about $0.03/kWh saved, which is 50% to 75% of the
typical cost  of new power sources and less than 50%
of the average retail price of electricity (ACEEE
2004a, El A 2005b).

As of 2003,  about $1.4 billion is being spent annually
on ratepayer-funded energy efficiency programs in
the electricity sector nationwide to capture this
energy efficiency potential (York and Kushler 2005).
This funding is provided through PBF programs (see
Section 4.2, Public Benefits Funds for Energy
Efficiency) and programs developed  as part of utility
integrated resource plans (IRPs) (see Section 6.1,
Portfolio Management Strategies}. These programs
are reducing electricity demand by about 0.8% to
1°/o per year in states with comprehensive energy
efficiency programs, which will result in cumulative
energy savings of 10% or more over the next decade
(ACEEE 2004b).

There is an opportunity to provide greater funding to
capture the cost-effective potential that remains in
most states. Across the 50 states, 2003 spending on
energy efficiency programs as a percentage of utility
revenues averaged 0.5%. The top 10 states (shown in
Table 1.1) are spending between 1% and 3% of utili-
ty revenues on energy efficiency (York and Kushler
2005). In many states, the level of energy efficiency
spending is  much less than what would be needed to
capture a substantial portion of the economic and
achievable potential over the.next decade (Nadel et
al. 2004).
   Chapter 1. Introduction and Background

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                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
Vermont
Massachusetts
Washington
Rhode Island
New Hampshire
Oregon
Wisconsin
New Jersey
Montana
Iowa
U.S. Average
3.0
2.4
2.0
1.9
1.8
1.7
i.4
1.4
i.3
1.2
0.5%
        Renewable Energy
        Renewable energy is partially or entirely generated
        from non-fossil energy sources. Definitions of renew-
        able energy vary by state but usually include wind,
        solar, biomass, and geothermal energy; some states
        also include low-impact or small hydro, biogas,
        waste-to-energy, and CHP.

        Renewable energy technologies continue to experi-
        ence rapid growth in the United States due to  state
        activity and increased cost-competitiveness. As of
        2004, 2,300 MW of new renewable energy capacity
        had been developed as a result of state requirements.
        with an additional 1,600 MW coming on-line to
        serve voluntary green power market demand (Bird
        and Swezey 2004).

        Renewable technologies are experiencing market
        growth due to several drivers. First, the cost of
        renewable energy technologies is approaching  com-
        petitiveness with fossil fuel-fired technologies  in
        some regions. For example, depending on geographic
location, wind energy technology can produce power
at about $0.04-$0.06/kWh,3 compared to the
$0.30/kWh it cost in the early 1980s (Bird and
Swezey 2004). This compares favorably to an average
cost of conventional natural gas combined cycle
generation, which was about $0.065/kWh in October
2005. Due to renewable energy's low or free fuel
costs, it is also attractive in markets where fuel price
volatility is increasing.

Wind and photovoltaic (PV) markets have experi-
enced double-digit growth over the past decade,
mainly as a result of the policies and benefits
described above. In the United States, annual instal-
lations of renewable energy exceeded 800 MW in
2004 (excluding large hydroelectric power) and are
expected to reach almost 4,000 MW per year by
2013. State RPS are spurring rapid growth in renew-
able energy installations in the United States, with
RPS cited as the driving force behind the installation
of approximately 47°/o of new wind capacity addi-
tions in the United States between 2001 and 2004
(Wiser 2005).

CHP
CHP, also known as cogeneration, is the simultane-
ous generation of electric and thermal energy from a
common fuel source. CHP is not a specific technolo-
gy, but an efficient application of technologies to
meet an  energy user's needs.

Typically, two-thirds of the energy in a conventional
power plant is lost when the waste heat is not
recovered. CHP captures and uses the waste  heat to
meet the thermal needs (e.g., process heat, space
heating, cooling  hot water) of commercial and indus-
trial facilities. A CHP system is substantially  more
efficient than purchasing electricity from the grid
and meeting thermal needs with a boiler or process
heater. CHP systems achieve fuel use efficiencies
that typically range between 60% and 75°/o,  a  signif-
icant improvement over the average efficiency of
separate heat and power (EPA 2004). This improve-
ment in efficiency is an effective pollution preven-
        3 Based on the results of the Navigant Consulting, Inc. (NCI) proprietary Levelized Cost of Electricity ILCOE) Model. This number is based on a range of
          recent NCI LCOE runs for different types ol financing and wind speeds. This cost excludes the production tax credit (PTC) but includes accelerated
          depreciation. Without accelerated depreciation, the range is $0.04-0.07/kWh (Navigant Consulting 2003).
                                                                              Chapter 1. Introduction and Background

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                                  EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                                dun E
                                                                                                STATE P»RTHER«HIP
tion strategy that reduces air pollutant emissions as
well as fuel costs for a given energy output

In 2004, approximately 80 gigawatts of CHP were
operational in the United States, up from less than
10 gigawatts (GW) in  1980 (EPA 2004). There is
potential for additional CHP in a variety of applica-
tions, including district energy at universities and
downtown areas, industrial scale CHP in many indus-
try sectors, and in commercial buildings such as
hotels and casinos.


The Clean  Energy-Environment
Guide  to Action
EPA developed-the Clean Energy-Environment Guide
to Action to help states evaluate clean energy
options and develop their own Clean Energy-
Environment Action Plans for implementing cost-
effective clean energy programs that meet their
environmental, energy, and economic goals. The
Guide to Action:

•  Identifies and analyzes a suite of cost-effective
   state clean energy policies and describes best
   practices, potential models, key features, and
   examples of effective state implementation for
   each policy.
•  Helps states understand the analytical tools and
   methods that can be used to estimate the envi-
   ronmental and economic benefits of their clean
   energy  programs.
•  Links states to relevant guidance and technical
   support resources.

The Guide to Action identifies and  describes 16 clean
energy policies and strategies that states have used
to pursue cost-effective clean energy. These policies
are categorized according to whether they involve
state  planning and incentives programs, energy effi-
ciency actions, energy supply actions (i.e., renewable
energy and CHP), or utility planning and incentive
structures. Table 1.2 describes each policy and lists
many of the more specific approaches that can  be
used to implement each type of policy.
 Tiie Guide to Action provides a menu of clean energy
 policies dnd programs with wfticfr states have
 arable experience and $d «<#$$, When using
 toActien;
 * • S$te$t from ths m^toi of Nicies hy/BViewtnj Tafete
   1.2 and the chapter introductions to identify policies
   that ar« mostltkefy to meet state goals. The process
   for developing a state Ctean E-nergy+Envimnmsni
   Action *>&#!$ 0ft the,
   estg bfisherf models, «xa.rnpte$, and action Items
 "  described (or each policy, rather tHan starting 'from
   scratch*
The policies in the Guide to Action can be viewed as
a menu of policies and programs with which states
have significant experience. Some of these  policies
represent different paths to a goal or can be used in
combination to achieve a goal. States can select the
appropriate mix of policies to achieve their goals. For
example, in its 2005 Climate Change Action Plan,
Connecticut developed a coordinated package of 55
recommended actions that include appliance stan-
dards, building codes,  government green power pur-
chases, a production tax credit, an RPS, and other
clean energy policies (see Chapter 2, Developing a   .
Clean Energy-Environment Action Plan).

For each of the 16 policies, the Guide to Action pro-
vides the following information:

• The objectives and benefits of the policy.
• Examples of states that have implemented the
  policy.
• Responsibilities of key players at the state  level,
  including typical roles of the main stakeholders.
• Opportunities to coordinate implementation with
  other federal and state policies, partnerships, and
  technical assistance resources.
   Chapter 1. Introduction and Background

-------
                  EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Cilia En«fy5r.«:3fl:»Sf.S
STATE PARTNERSHIP
            Best practices for policy design, implementation,
            and evaluation, including state examples.
            Action steps for states to take when adopting or
            modifying their clean  energy policies, based on
            established state programs.
                                                            • Resources for additional information on individual
                                                              state policies, legislation and regulations, and ana-
                                                              lytical tools and methods to quantify emission
                                                              reductions and estimate energy and cost savings.
          Lssd by EssRspb
          B?8!^y Planning
                  States lead by example by
                  establishing programs that
                  achieve substantial energy
                  cost savings within their own
                  operations, buildings, and
                  fleets and demonstrate the
                  feasibility and benefits of clean
                  energy to the larger market.
!CA,CO,IA,NH,NJ,NY,OR,
'TX
         fkaifty Benefits of
                  Energy planning at a state or
                  regional level can be an effec-
                  tive means for ensuring that
                  clean energy is considered
                  and used as an energy
                  resource to help states
                  address their multiple energy,
                  economic, and environmental
                  goals.
|CA,CT,NY,NM,OR,
| Northwest Power and
i Conservation Council, New
i England Governors'
i Conference (NEGC), Western
i Governors Association
jfWGA), Western Interstate
! Energy Board (WIEB)
Determining the Air | States estimate the emission
                  reductions from their clean
                  energy programs, incorporate
                  those reductions into air quali-
                  ty programs, and evaluate and
                  report the emission reduction
                  benefits of their clean energy
                  programs and policies.
i Western Regional Air
i Partnership (WRAP)
                                                                             W
                          ....
Energy savings targets for pub-
lic buildings.
Renewable and energy efficien-
cy purchase commitments for
state facilities.
State loan and incentive pro-
grams for public buildings.
Energy performance contract-
ing.
Technical support and training.
State clean energy planning.
Clean energy plan.
Clean energy included within a
comprehensive state energy
plan.
Planning conducted by energy
providers.
Incorporating clean energy into
air quality plans and long-term
utility planning requirements.
Developing set-asides for ener-
gy efficiency and renewable
energy projects.
Tracking and reporting emission
reductions.
3.1
                                                                                                                     3.2
                                                                                                                     3.3
                                                                                                     (sontiniiSii on next pugs
                                                                                      Chapter 1. Introduction and Background

-------
                                EPA Clean Energy-Environment Guide to Action (PrepuMcation Version)
                                                                                              St»TE HBTKEBSHir

jjtdsng and i States implement a range of
esfSlim {targeted funding and incen- 1
i lives strategies that encourage
i governments, businesses, and
i consumers to save energy
1 through cost-effective clean
; energy investments. Between
[20 and 30 states have revolving
iloan funds for energy efficien-
j cy, tax incentives for renew-
1 able energy, grants for renew-
! able energy, or rebates for
i renewable energy.
tKsrgy tciSetsttcy i Similar to Renewable Portfolio
BftSoSio Standards Standards (see Section 5.1),
JEEPS direct energy providers
{to meet a specific portion of
j their electricity demand
ithrough energy efficiency,
i Seven states have direct or
i indirect EEPS requirements.
;
ubisc Senses j PBFs for energy efficiency are a
,}»<$* for £asrgy I pool of resources used by states
fietstxsy j to invest in energy efficiency
i programs and projects and are
i typically created by levying a
Ismail charge on customers'
i electricity bills. Seventeen
i states have established PBFs
{for energy efficiency.
lading Codes for j Building energy codes estab-
H;rgy gfctensy i lish energy standards for resi-
idential and commercial build-
lings, thereby setting a mini-
[mum level of. energy efficiency
land lacking in future energy
{savings at the time of new con-
jstruction or renovation. More
{than 40 states have implement-
led some level of building codes
if or residential buildings and/or
i commercial buildings,
afcj &5JpR3«88 j State appliance efficiency
%!8siey i standards set minimum energy
tsndsrds i efficiency standards for equip*
iment and appliances that are
i not covered by federal efficien-
Icy standards. Ten states have
(adopted appliance standards.

CA,CO,IA,MT(NY(OR,TX,
WA
SMil4 H^ ssIS ^^ J ; '
CA,IL,NJ,NV,PA,TX
CA,NY,OR,WI
«,CA,OR,WA,TX
;A,,CT,NJ,NY
^iira
• Revolving loan funds. • '3.4
• Energy performance contract-
ing.
• Tax incentives.
* Grants, rebates, and generation
incentives.
• NOX set-asides for energy effi-
ciency and renewable energy
projects.
• Supplemental Environmental
Projects (SEPs).
• Energy efficiency targets for 4.1
energy providers as a percent-
age of load growth, base year
sales, or fixed energy savings
(e.g., kilowatt-hours).
• Funds for efficiency programs 4.2
based on a system-wide charge
(mills per kWh).
* Grants, rebates, and loans.
• Technical assistance, education,
and training support for energy
efficiency investments.
• Minimum energy efficiency 4.3
requirements for residential and
commercial buildings.
• Per odic review and updates to
existing codes.
• Code implementation, evalua-
tion, and compliance assis-
! tance.
• Minimum energy efficiency lev- 4.4
els for consumer products and
commercial equipment.
• Periodic evaluation and review
of standards, markets, and prod-
uct applications.
!
                                                                               (continued aa >
Chapter i. Introduction and Background

-------
        EPA Clean Energy-Environment Guide to Action (Prepublication Version}
Tsitk 1,2: SmTsmsry sf Clssfi Energy Policies faonttoussf}

8snswsi>!*
Perffe'foSlSiffifsrtfe





PiibJic Ssnsfe
Funds far Stats
Clean Sisrsy
Stspjiiy Programs




OuipsM>sssd
£nvsras(ssfftsl
fcepSsttesis
Support CSsan
Emi$y








Infercsnnsstksn
Stsotfsrds






fifUm i ism&lM&m&fil&S^ »&&§U&0i&yi
RPS establish requirements for
electric utilities and other
retail electric providers to
serve a specified percentage
or amount of customer load
with eligible resources,
Twenty-one states and
Washington, D.C. have adopt-
ed RPS.
PBFs are a pool of resources
used by states to invest in
clean energy supply projects
and are typically created by
levying a small charge on cus-
tomers' electricity bills. Sixteen
states have established PBfs
for clean energy supply.
Output-based environmental
regulations establish emissions
limits per unit of productive
energy output of a process
(i.e., electricity, thermal energy,
or shaft power), with the goal
of encouraging fuel conversion
efficiency and renewable ener-
gy as air pollution control
measures. Twelve states have
established output-based envi-
ronmental regulations.



Standard interconnection rules
establish processes and tech-
nical requirements that apply
to utilities within the state and
reduce uncertainty and delays
that clean DG systems can
encounter when obtaining
electric grid connection.
Thirteen states have standard
interconnection rules, and 39
states offer net metering.
Ti^^^J^Ry^f^^^gTTy^Ki^lw
^l;i'y^jjj^J^|^^^gl«i'*Su|:'Mjij
AZ,CA,MA,TX,WI






CA, Cf, MA, NJ, NY, OH



/



CT, IN, MA, TX










MA,NJ,NY,fX


*




• Promoting specified technolo-
gies through "technology tiers"
and "credit multipliers."
• Alternative compliance pay-
ments.
• Renewable Energy Certificates
(RECs) trading.

• Funds for emerging and com-
mercially competitive technolo-
gies and clean energy market
development programs based
on a system-wide charge (mills
per kWh).
• Grants, rebates, and generation
incentives.
• Conventional emission limits
using an output formula.
• Special regulations for small
distributed generators that are
output based.
• Output-based allowance alloca-
tion methods in a cap and trade
program.
• Output-based allowance alloca-
tion set-asides for energy effi-
ciency and renewable energy.
• Multi-pollutant emission regula-
tions using an output-based for-
mat.
• Standard interconnection rules
for DG systems through defined
application processes and tech-
nical requirements.
• Net metering, which defines
application processes and tech-
nical requirements, typically for
smaller projects.

	 	 	 , 	 - 	

5.1






5.2






I
5.3 |










5.4





	
                                                                                               next psgs)
                                                                     Chapter 1. Introduction and Background

-------
                                       EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                                              Chan lnifjy&«Ir«i!«««
                                                                                                              STATE PARTNERSHIP
Tebte 1,2: Summary of Cbsn Energy Pslieiss fcotttfaued}
                   States play a key role in foster-j CT, MA, NJ, NM, WA
                   ing the development of volun-
                   tary green power markets that
                   deliver cost-competitive, envi-
                   ronmentally beneficial renew-
                   able energy resources by giv-
                   ing customers the opportunity
                   to purchase clean energy.
                   Green power is available'in
                   more than 40 states.
                   Portfolio management strate-
                   gies include energy resource
                   planning approaches that
                   place 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 project-
                   ed energy demand and  man-
                  | age uncertainty.
 UtiBty Jssssnthfss
 for Osrssfid-Sids
Approaches;
A number of approaches-
including decoupling and per-
formance incentives-remove
disincentives for utilities to
consider energy efficiency and
clean distributed generation
equally with traditional elec-
tricity generation investments
when making electricity mar-
ket resource planning deci-
Electric and natural gas rates,
set by Public Utility
Commissions, can be designed
to support clean DG projects
and avoid unintended barriers,
while also providing appropri-
ate cost recovery for utility
services on which 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
                                               Standby Kates: CA, NY
                                               Gas Hates: NY
                                                                Customer access to
                                                       green power markets.
                                                       • Green pricing tariffs.
                                                       • Green "check-off" programs.
                                                       • Net metering.
                                                          5.5
                             Energy resource planning and
                             procurement
                            'Integrated resource planning
                             (IRP).
                             Retail choice portfolio manage-
                             ment.
                                 6.1
Decoupling utility profits from
sales volume.
Program cost recovery.
Shareholder performance
incentives.
                             Utility ratemakmg and revenue
                             requirements.
                             Revised standby rate structures.
                             Exit fee exemptions.
                             Natural gas rates for DG and/or
                             CHP.
                             In regulated markets, help gen-
                             erators and utilities establish
                             appropriate buyback rates.
                                                                                           6.2
                                                                                                              6.3
   Chapter 1. Introduction and Background

-------
                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
        Who Will Use the Guide to Action!
        The Guide to Action is intended for use by state ener-
        gy, economic, and environmental policymakers.  It
        demonstrates a range of clean energy policy options,
        best practices, and lessons learned that can inform
        decisionmaking and policy design.

        States participating in the Clean Energy-Environment
        State Partnership Program will use the Guide to
        Action to:

        • Develop their own Clean Energy-Environment
          Action Plan that is appropriate to their state.
        • Build on established models and practices adopted
          by other states.
        • Identify the roles and responsibilities of key deci-
          sionmakers, such  as environmental regulators,
          state legislatures, public utility commissioners, and
          state energy offices.
        • Access and apply technical assistance resources,
          models, and tools available for state-specific
          analyses and program implementation.
        • Learn from each other as they develop their own
          clean energy programs and policies.

        States that have not yet developed comprehensive
        clean energy policies can  begin by familiarizing
        themselves with the material in the Guide to Action
        and contacting EPA for guidance and referral to
        other resources. For states that are interested in
        adopting new clean energy policies, the Guide to
        Action provides a proven set of effective policies that
        draw upon the experiences, insights, and approaches
        that have been vetted and refined by other states.

        Contents of the Guide to Action
        The Guide to Action contains the following chapters
        and appendices:

        • Executive Summary, provides a summary of the
          Guide to Action, tailored for state decisionmakers
          and others who want a concise description of the
          Guide's key findings and recommendations.
Chapter 1, Introduction and Background, defines
the term clean energy; describes the environmen-
tal, public health, energy, and other challenges
that clean energy can address; and summarizes
state opportunities for implementing clean energy
policies. A summary of the 16 clean energy policies
is also presented.
Chapter 2, Developing a Clean Energy-Environment
Action Plan, provides information about the steps
states have used to  develop a clean energy-envi-
ronment action plan, including establishing a col-
laborative process, setting goals, identifying poli-
cies and analyzing their impacts, and developing
an implementation strategy. It also provides exam-
ples of state plans and an overview of the analyti-
cal  tools and resources available to help states
select and evaluate  their clean energy options.
Chapter3, State Planning and Incentive Structures,
describes four policies that states have used to
help shape their clean energy strategy, quantify
and integrate the environmental benefits of clean
energy with other programs, and encourage other
organizations in the state to invest in clean ener-
gy.
Chapter 4, Energy Efficiency Actions, describes four
policies that states have used to support greater
investment in, and adoption of, energy efficiency
through cost-effective programs.
Chapters, Energy Supply Actions, describes five
policies and emerging approaches that support
greater investment in clean energy supply
resources, including renewable energy and  CHP.
Chapters, Utility Planning and Incentive
Structures, describes three utility-based policies
that remove disincentives for utilities to consider
energy efficiency,  renewable energy, and clean DG
equally with traditional electricity generation
investments.
Technical Appendices include:
- Appendix A, Federal Clean Energy Programs
- Appendix B, Energy Efficiency Program Resources
- Appendix C, Clean Energy Supply: Technologies,
  Markets, and Programs
                                                                             Chapter 1. Introduction and Background

-------
                                 EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                             ST1TE PARTNERSHIP
Information Resources
As states pursue policies and programs for promoting
clean energy, they can work with a variety of federal
programs for assistance as described in Appendix A.
For ^ore Information About the
To download the Guide to Action, visit EPA's Clean
Energy Web site at:
http://www.epa.gov/cleanenergy/stateandlocal/

To order a print copy of the Guide to Action, visit the
National Service Center for Environmental
Publications (NSCEP) Web site at
http://www.epa.gov/ncepihom/ordering.htm or con-
tact NSCEP at: 1-800-490-9198.

Request EPA Publication # 430-R-06-001.

For more information  about this Guide to Action,
please contact the EPA Clean Energy-Environment
State Partnership:
 Branch Chief
 Phone: 2SZ-343-9I54
 Policy Analyst
 U.S. Environmental Protection Agency
 1200 Pwnisvlv»fii& Avenue,
 Washington, DC 20460
  Chapter 1. Introduction and Background

-------
                 EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE MBTNERSHIP
         References
          ACEEE. 2004a. A Federal System Benefits Fund: Assisting States to Establish Energy
          Efficiency and Other System Benefit Programs. American Council for an Energy-
          Efficient Economy (ACEEE), Washington, D.C.

          ACEEE. 2004b. five Years In: An Examination of the First Half-Decade of Public
          Benefits Energy Efficiency Policies. Report* U041. ACEEE, Washington, D.C. April.
          Bird, L and B. Swezey. 2004. Green Power Marketing in the United States: A Status              .
          Report Seventh Edition. NREL/TP-620-36823. National Renewable Energy Laboratory ij^hl&^^^^^^iizMiih^iJtgillH-!
          (NREL), Golden, CO. September.                                              iili^illl^ilisPi^sl^ll^ilsillill;-^
          Bird, L, B. Parsons,T. Gagltano, M. Brown, R. Wiser, and M. Bolinger. 2003. Policies  g^^5^^V8ji^^8^^^8^^^|,|'^;j
          and Market Factors Driving Wind Power Development in the United States.         ^^^MM^^^My&^^'^S^^'
          NREL/TP-620-34599. NREL July.                                              Nl^^llJ^^PIl^^I^^^^^p:

          CEC. 2003. CEC. Public Interest Energy Strategies Report- Final Commission Report,  l;^|i)";^^^«^<5«^v^'{Hjfts^?i;JiK^x!;x-
          Publication * 100-03-012F. November.                                          mpSr^l^lilt Hh^^lHlIP'

          CEC. 2005. CEC. August Funding and Energy Savings From Investor-Owned Utility
          Energy Efficiency Programs In California for Program Years 2000 Through 2004.
          CPUC. 2004. Order Instituting Rulemaking to Examine the Commission's Future
          Energy Efficiency Projects, Administration and Programs, September 23,2004,
          Decision 04-09-060, Rulemaking 01-08-028. "Interim Opinion:  Energy Savings Goals
          for Program Year 2006 and Beyond." CPUC.
ISFiNA&DSelSI
£htjlfe!xL:*KKX:i?K£ii:i
          EIA. 2004. Annual Energy Outlook 2004. DOE-EIA-0383I2004). U.S. Energy Information  j^M^^W.I
          Ad min istration, Wa s hi n gton, D. C., Ja n ua ry.

          EIA. 2005a. Annual Energy Outlook 2005. DOE/EIA-0383(2005). U.S. Energy Information  H?^.«i?*P^^^^^^!^li^^!^iir^l^N
          Administration (EIA), Washington, D.C.  February.                                 jl::i$&|§?!3$i£f|^
          EIA. 2005b. Electric Power Monthly, Data for May 2005. Table 5.6A Average Retail
          Price of Electricity to Ultimate Customers by End-Use Sector, by State, April 2005
          2004. EIA, Washington, D.C.
          Environment Northeast. 2005. Environment Northeast. Energy Efficiency Potential:
          Energy Conservation Management Board, Maximum Achievable Potential Report     j^^pi&r;^
          Summary Information. Energy Efficiency Standards, Environment Northeast,          Ps^^8b|&%^^^OC]|^^K:'Kxy|^x:.;:5^1^
          Rockport, ME.                                                              i? ;•; Es!;!p:;;««\}£\:£;?;!;•;t.;:;;.;j *£pi;xpf:i;?£;!i;'| j.y:;%£$p;i

                                                                                    "
         . EPA. 2004. Output-Based Regulations: A Handbook for Air Regulators. EPA. April 22,   j:^3^v^^'^.;g«w^K'p?^f^j^{!t^Vpi!{^Jf?:t;i
         ^ 2004                                                                      • "• ^^^^-^':^'•-••*^^•=> ~'-^••-^--£'• -^• • ''•'• ^-''^-•• ^-^ =•• =•=•'
          EPA. 2005a. Air Data Web site. 2005 data. EPA. Accessed November 2005.
          EPA. 2005b. Health and Environmental Impacts of Ground-Level Ozone. July. EPA.
          Evans, P.B. 2005. Optimal Portfolio Methodology for Assessing Distributed Energy     ^^P^i^ril^^^^OP^^^^^^iil^^xii
          Resources Benefits for the Energynet. CEC-500-2005-061-D. CEC, PIER Energy-
          Related Environmental Research.
          Gefler, H., C. Mitchell, and J. Schiegel. Nevada Energy Efficiency Strategy, January
          2005.  Southwest Energy Efficiency Project (SWEEP).
                                                                                      Chapter 1. Introduction and Background

-------
                                      EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                                              ST«TE PARTNERIHIP
Nadel et a!. 2004. Nadel, S., A. Shipley, and R.N. Elliott. The Technical, Economic and
Achievable Potential for Energy-Efficiency in the U.S.-A Mela-Analysis of Recent
Studies. ACEEE, Washington, D.C. From the proceedings of the 2004 ACEEE Summer
Study on Energy Efficiency in Buildings.

Navigant Consulting. 2003. The Changing Face of Renewable Energy. October.
Kaiser, Jocelyn. 2005. Science, "Mounting Evidence Indicts Fine-Particle Pollution,'
Science. March 25,2005, Vol. 307.
Minnesota Chamber of Commerce. No date given. Developing Fuels to Benefit
Minnesota's Environment and Economy.
Nadel, S. and H. Geller. 2001. Smart Energy Policies: Saving Money and Reducing
Pollutant Emissions through Greater Energy Efficiency. Report #£012. ACEEE,
Washington, D.C. September.
NEDRI. 2003. Dimensions of Demand Response: Capturing Customer Based
Resources in New England's Power Systems and Markets. Report and
Recommendations of the New England Demand Response Initiative (NEDRI). July 23

Rabe, E.G. 2004. State ho use and Greenhouse: the Emerging Politics of American
Climate Change Policy. Brookings Institution Press, Washington, D.C.

Rufo, M. and F. Coito. California's Secret Energy Surplus: The Potential for Energy
Efficiency. The Hewlett Foundation Energy Series, The Energy Foundation and The
Hewlett Foundation, September 23,2002.
Schlegel, J. 2004. Conservation and Energy Efficiency: Recent Performance, Future
Potential. Study conducted for the Connecticut Conservation Management Board.
PowerPoint presentation. December 2.
SWEEP, November 2002.  The New Mother Lode:  the Potential for More Efficient
Electricity Use in the Southwest.  Report for the Hewlett Foundation Energy Series.

WGA, 2005. The Potential for More Efficient Electricity Use in the Western U.S.:
Energy Efficiency Task Force Draft Report to the Clean and Diversified Energy
Advisory Committee of the Western Governor's Association, Draft Report for Peer
Review and Public Comment WGA. September 15,2005.
      .v"-««vvv>.»

Ihpl:^^^
Wiser, R. 2005. An Overview of Policies Driving Wind Power Development in the
West Ernest Orlando Lawrence Berkeley National Laboratory (LBNL), Berkeley, CA.
February.                                                           '
Wiser, R., M. Bolinger, and M. St. Clair. 2005. Easing the Natural Gas Crisis: Reducing
Natural Gas Prices through Increased Deployment of Renewable Energy and Energy
Efficiency. LBNL-567S6. LBNL, University of California, Berkeley. January.
Wiser, R., K. Porter, and R. Grace. 2004. Evaluating Experience with Renewables
Portfolio Standards in the United States. LQNL-54439. LBNL, University of California,
Berkeley.
York, Dan and Marty Kushler.  2005. ACEEE's 3rd National Scorecard on Utility and
Public Benefits Programs: A National Review and Update of State-Level Activity.
Report No. U054, ACEEE, Washington D.C. October.
  Chapter 1. Introduction and Background

-------
BBSS!
2SSX
llClean
UlSTATE  PARTNERSHIP
        Summary
        This chapter describes the process for developing a
        Clean Energy-Environment Action Plan that helps
        states provide for clean, low-cost, reliable energy.
        Drawing upon states' experiences, it describes the
        typical steps for establishing a collaborative process,
        setting clean energy goals, identifying and evaluating
        clean energy policies, and developing an implemen-
        tation strategy.

        The Guide to Action helps states analyze and com-
        pare policies to develop a plan for meeting their
        clean energy objectives: a Clean Energy-Environment
        Action Plan. It helps states implementing a Clean
        Energy-Environment Action Plan:

        • Assess the environmental, energy, and economic
          benefits of their clean  energy portfolios.
        • Identify and remove  market, regulatory, and insti-
          tutional barriers to clean energy.
        • Integrate clean energy with specific environmental
          protection or economic development objectives.
        • Enhance coordination across state agencies and
          develop partnerships with electric and natural gas
          utilities, businesses, environmental groups, and
          clean energy industries.
        • Identify opportunities to coordinate and leverage
          ongoing state activities and investments, federal
          programs, and private sector investments.
        • Implement policies with effective design and eval-
          uation characteristics.
           .S,
 states create a Ctean Energy-Environment ActttonPlati..
 that Outfbes jjoliciesto farther cfean energy-antf eiwi-
 f-ownefital seals and provitfe public health am) eco-
 nomic benefits.                         ''    '
 EPA provides pfafinirtgr policy, technical, analytic at and
 inlprroatiorumurees, KM ttie Ctew&u?r$y«
 EttvifanmetttGuide to Action, to help states develop
 trad implement their plans.
The Clean  Energy-Environment
Action  Plan
A Clean Energy-Environment Action Plan outlines a
clear strategy to deliver clean, low-cost, and reliable
energy to state residents through the use of energy
efficiency, renewable energy, and clean distributed
generation.  The plans focus explicitly on clean ener-
gy but may be developed in conjunction with broad
state planning processes, such as comprehensive
energy or air quality planning (see Section 3.2, State
and Regional Energy Planning], state-wide sustain-
ability planning, and resource-specific planning for
energy efficiency or clean energy supplies. In addi-
tion, many states have developed climate change
action plans that include clean energy as a key strat-
egy for saving energy and lowering greenhouse
gases.4 States have also developed  "Lead by Example"
action plans focused on state facilities and opera-
tions {see Section 3.1, Lead by Example).
          Twenty-eight states and Puerto Rico have developed climate change action plans (EPA 2005).
           Chapter 2. Developing a Clean Energy-Environment Action Plan

-------
                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
        States use a range'of programs and strategies to
        achieve their clean energy goals. These programs
        take many forms and are developed and implement-
        ed through multiple  agencies and regulatory jurisdic-
        tions. A Clean Energy-Environment Action Plan can
        serve as a platform and roadmap for engaging rele-
        vant state agencies,  including  non-government
        stakeholders.  In addition, states often work beyond
        state boundaries on  a collaborative  basis to develop
        regional clean energy strategies {e.g., the Western
        Governors Clean and Diversified Energy Initiative).

        In each case, the steps involved in developing a
        Clean Energy-Environment Action Plan are similar
        from  state to state. They typically include the follow-
        ing:

        1. Create a collaborative.
        2. Establish a quantitative goal or goals based upon
           future energy use  expectations and the potential
           for clean energy in the state.
        3. Identify both existing and new clean energy poli-
           cies and programs.
        4. Design  and evaluate the impacts of policies.
        5. Recommend specific actions for state decision-
           makers.

        The order of these steps can vary from state to state.
        For example, some states develop broad goals before
        conducting stringent analysis. These goals may be
        based on regional  goals or agreements, other state
        activities, or political considerations. After the goal is
        adopted, state agencies typically determine the most
        effective way to achieve it Alternatively, some states
        conduct thorough  analyses of their  clean energy
        potential, evaluate policy options, and assess related
        opportunities before determining a goal. This range
        olapproaches to goal-setting  allows each state to
        proceed in a manner suited to local circumstances.
        Regardless of the order, however, these steps are
        common across all plans. Each step is described in
        greater detail below.
1,
States have found it particularly useful to reach out
to the parties in their states that are interested in
and/or may be affected by changes in energy and
environmental policies within the state. Key players
typically include but are not limited to:

•  The governor and his/her staff, who can provide
   leadership and ensure follow-through.
•  Stofe legislatures, that will ultimately need to pro-
   vide leadership on policies requiring legislative
   action. State legislatures'  interests and concerns
   may vary depending on the impact of energy poli-
   cies on their constituents, including citizens and
   representatives from various economic sectors.
•  State agencies, which maintain government data
   and analytic capacity, and have policy and imple-
   mentation jurisdiction  in the sectors of interest.
•  Universities, which  may provide expertise, analytic
   support,  and/or a neutral forum to convene stake-
   holder meetings.

Stakeholders can include:

•  Utilities, which can provide technical  expertise and
   data.
•  Independent system operators and regional trans-
   mission organizations, which can provide technical
   analyses and information  and which are key stake-
   holders in many clean energy policies.
•  Independent power producers, independent trans-
   missions owners, and energy suppliers, which can
   provide information and analysis about electricity
   markets.
•  Environmental and consumer organizations, which
   can provide data, analysis, and feedback.
•  Other private sector interests, which often main-
   tain significant data and analytic capabilities rele-
   vant to energy planning, and which may be affect-
   ed  by  new energy policies.
•  The public, which provides new ideas, input, and/or
   feedback to the state.
                                                          Chapter 2. Developing a Clean Energy-Environment Action Plan

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                                  EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                                 Cllin
                                                                                                 STATE PARTNERSHIP
2. Establish a Quantitative Goal or Goals
Each state has its own unique clean  energy potential
and economic, environmental, energy, and other pri-
orities. Quantitative clean energy goals take those
attributes into account and define a specific level of
cost-effective clean energy the state can strive to
acquire during a  particular period of time. Clear poli-
cy objectives, such as the development of a clean
energy goal or usage targets for specific resources,
ensure that all players know the expected outcome.
Quantitative goals can be short-term and/or long-
term and can include interim milestones. They pro-
vide for ease of measurement and reporting, offering
a straightforward means of evaluating progress and
providing feedback when mid-course corrections are
necessary.

Several states have set clear quantitative clean ener-
gy goals and are  working toward achieving them. For
example, New York adopted "the goal of reducing
statewide primary energy use in 2010 to a level that
is 25 percent below 1990 energy use per unit of
Gross State Product (GSP) and ... the goal of increas-
ing the share of renewable energy as a percentage of
primary energy use 50 percent by 2020, up from 10
percent in 2000 to 15 percent in 2020" (NYSERDA
2002), The Oregon Renewable Energy Action Plan
established a goal to meet 25% of state govern-
ment's total electricity needs through new renewable
energy sources by 2010 and  100°/o by 2025 (State of
Oregon 2005). More examples of state energy goals
are presented in  Section 3.2, State and Regional
Energy Planning.

Successful states have considered the following two
actions, at a minimum, as they developed their goals.

Develop a Baseline and Forecast
States begin by developing or refining  a baseline
inventory of their energy use and emissions and
making projections about the future. This typically
includes making  a projection of energy use by end-
use sector across the state and load  growth forecasts
that provide utility-specific data. The baseline and
projection enable a state to understand energy and
emissions growth expectations and identify particu-
lar sectors or sources that might be key targets for
policy intervention.

The U.S. Department of Energy (DOE) offers state-
level energy use data that can be projected into the
future. Some states, such as New York, have their
own data or support state university energy models
and methods that enhance DOE state energy data
and generate a  customized baseline and forecast.
Alternatively, other states such as Connecticut and
Hawaii have used proprietary models, such as the
Integrated Planning Model or Energy 2020, to help
with state energy modeling. These models make pre-
dictions of energy usage and emissions for the elec-
tricity sector and the entire energy sector, respec-
tively.  Whichever model states choose, they have
found it useful to select one that is widely accepted
by experts in the field and is clear or "transparent" in"
its assumptions or workings. This prevents challenges
or confusion later when trying to interpret the
results.

Assess Energy Efficiency and/or Renewable
Energy Potential                   \
States  have found it particularly useful to conduct
energy efficiency and/or renewable energy potential
analyses to determine where the greatest opportuni-
ties exist. The findings of these analyses help states
identify opportunities and determine the feasibility
of different goals based upon technologies or
resource availability.

For example, Georgia recently commissioned a study,
Assessment of Energy Efficiency in Georgia, that
"identified substantial, cost-effective energy efficien-
cy potential." The state "commissioned the report to
guide the state's efforts in developing the most ener-
gy-efficient economy possible (and)... believe the
results of this study provide an accurate roadmap
toward achieving  this  goal" (ICF Consulting 2005).
Another energy efficiency potential study, Nevada
Energy Efficiency Strategy, identified policies that
would yield about $4.8 billion in net economic  bene-
fits, save more than 8,000 gigawatt-hours (GWh) of
electricity and 16 billion cubic feet of natural gas per
year, and lower projected statewide electricity use by
more than 20% by 2020 (Geller et at. 2005) Similar
  Chapter! Developing a Clean Energy-Environment Action Plan

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                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PAR1NEASHIP
        studies can be conducted to assess the resource
        potential for renewable energy in particular states.
        One study, Energy Efficiency and Renewable Energy
        Resource Development Potential in New York State,
        "found large  amounts of technical potential for effi-
        ciency and renewable energy ... that... would be
        economical compared to conventional electricity
        generation" (NYSERDA 2003).

        3.-Identify Clean Energy Policies and
        •Programs: Existing and New
        Clean  Energy-Environment Action Plans are intended
        to help states identify policies currently in place, as
        well as'best-practices from other states. Chapter 3
        through Chapter 6 of the Guide to Action provide
        information and resources pertaining to 16 specific
        programs and policies states have found particularly
        promising for furthering cost-effective clean energy.
        States have discovered that these policies help level
        the playing field for clean energy options that are
        hindered by existing policy barriers.

        The  Guide to Action helps states determine an appro-
        priate mix of policies to consider for further analysis
        under their Clean Energy-Environment Action Plan.
        Table 1.2 in Chapter 1  presents details about pro-
        grams and policies that focus on clean energy oppor-
        tunities for homes, businesses, public institutions,
        and electricity generation. While not covered in the
        Guide to Action, transportation sector policies are
        also important. Several states are integrating trans-
        portation policies into their clean energy planning
        processes.

        When identifying promising policies, states typically
        follow three  steps: inventory policies currently in
        place, identify new policies, and  establish  criteria to
        assess policies.

        Inventory Existing Policies
        States often  evaluate the success of existing  clean
        energy programs to determine-,if they should  be
        extended, expanded, or modified to support the new
        or revised clean energy-environment goal. States can
        start by using the policies in the Guide to Action as a
        checklist. States can also review energy plans, air
quality plans, and greenhouse gas emission reduction
strategies developed by other states.

When considering policy options, states can simulta-
neously evaluate barriers to advancing cost-effective
clean energy. For example, approval processes
designed for large distributed generation systems
seeking to connect to the grid may be too onerous to
allow small systems to come online. Reexamining
interconnection standards (discussed in Section 5.4,
Interconnection Standards), can stimulate the growth
of clean energy by making the process more appro-
priate to the size and  scale of the project and cost-
effective for the generation owners.

Identify New Policies
Once states have determined which clean energy
programs and  policies they already have in place,
they can use the Guide to Action to identify new
ones that they might consider implementing. For
each policy or program, the Guide describes objec-
tives and benefits, state examples, roles and respon-
sibilities of key players, opportunities for coordina-
tion with other programs or policies, best practices
for policy design and evaluation, action steps for
states, and resources for additional information.
States can use the information about other states'
successes and best practices to identify those options
that they would like to explore further for their own
Clean Energy-Environment Action Plan.

Establish Criteria to Assess Policies
States determine the criteria they use to evaluate
their clean energy options. The criteria vary from
state to state  depending on each state's unique goals
and circumstances. Criteria can include but are not
limited to: cost-effectiveness, ease of implementa-
tion, political feasibility, pollution reduction effec-
tiveness, payback period, and benefit to the economy
(e.g., impacts on jobs): To avoid confusion, states
have found it  useful to define the criteria upfront.
For example, when using cost-effectiveness as a cri-
terion, states typically clarify whether they are using
dollar per kilowatt hour saved or dollar per unit of
emissions saved. States have discovered that this
prevents confusion and helps to identify the types of
information and tools needed to assess the policies.
                                                          Chapter 2. Developing a Clean Energy-Environment Action Plan

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                                  EPA Clean Energy-Environment Guide to Action (Prepublication Version)
States have found it helpful to evaluate initial policy
recommendations according to qualitative criteria
(e.g., ease of implementation, political feasibility), to
identify options suitable for further consideration.
These policies can then be ranked and sorted accord-
ing to the criteria chosen.

4 Design Policies and Evaluate
Their Impacts
Once  states determine the policies they would like to
consider for inclusion in their Clean Energy-
Environment Action Plan, they proceed to design
their specific policies and evaluate the quantitative
impacts of the various options. There are several
design issues that have arisen as states move for-
ward  with the  policy evaluation process. The design
of the policies can have a profound effect on the
impact of the policy. The impacts frequently consid-
ered include', but are not limited  to, impacts  upon
energy use and supply, economic indicators, green-
house gas levels, air quality, and  human health. There
are numerous tools  available to states to  help them
assess the impacts of the policies.

Design Issues
The impacts of a policy vary depending upon the
design of the policy. Clearly, the impact of a  renew-
able portfolio standard  set at 2°/o to be achieved  in
10 years will differ significantly from one set at 25%
to be  achieved in five years. States have found it
valuable to evaluate policies using different designs
or specifications to  find the ones that best meet
their criteria.

It is often practical  for states to  consider how poli-
cies relate not just to their goal but to each other.
Some policies may effectively complement each
other.while others may create barriers for other poli-
cies. For example, public benefits funds (PBFs) for
energy efficiency can be used to  bolster the effec-
tiveness of building  codes through support for imple-
mentation and enforcement. (More information
about both of these options is available in Section  ',
4.2, Public Benefits  Funds for Energy Efficiency and
Section 4.3, Building Codes for Energy Efficiency,
respectively.) As mentioned above, some  interconnec-
tion standards policies can impede clean energy,
depending on how they are defined (see Section 5.4,
Interconnection Standards).

Finally, states have found it advantageous to identify
the type of action, the key players required, and the
time frame for implementation when designing a
policy. For example, a regulatory action would
require one set of specific agencies, stakeholders,
and participants and occur on one time line, whereas
an energy efficiency public awareness campaign may
require an entirely different set of players and take
place over varying timeframes. States have found it
helpful to identify this information upfront so that
the appropriate experts can be involved and con-
tribute their expertise early in the process. These
experts assist in  shaping the policy to maximize its
effectiveness. States have realized that this  type of
planning  and specificity upfront improves coordina-
tion across programs, ensures that key players know
what is expected of them, and facilitates future
measurement, evaluation, and communication of
results. This process also facilitates the development
of an implementation strategy that is a key compo-
nent of a Clean Energy-Environment Action  Plan.

Impact Analyses
Once  policies are designed, states can use analytic
tools to evaluate the options based on the criteria
they have developed. The tools enable states to
quantify the impacts of the various policies and rank
them according to the agreed upon criteria. Usually,
this includes an  assessment of the energy, economic,
and/or environmental and public health impacts of
the options, sometimes referred to collectively as co-
benefits. States have found it particularly helpful to
measure the impact of the policies against the goal
established in Step 2. This will enable the collabora-
tive to choose those policies that bring a state clos-
est to its goal.

While analytic tools necessarily involve predictions
and uncertainty, they can address a number of spe-
cific  questions. It is important to thoroughly under-
stand the strengths and weaknesses of the models
used, the ways they interact with each other, and the
underlying assumptions to avoid misinterpreting the
  Chapter Z Developing a Clean Energy-Environment Action Plan

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        EPA Clean Energy-Environment Guide to Action (Prepublication Version)
results. As described above, states have found it use-
ful to select models that are widely accepted by
experts in the field and are clear or "transparent" in
their assumptions and structures.

EPA offers or supports several tools or resources to
help states assess the impacts of policies. States can
use the tools listed in Figure 2.1 to enhance their
assessment of clean energy-environment policies.

Connecticut provides an example of how states can
use these tools  and  resources when developing their
plan. The state's 2005 Climate Change Action Plan
includes 55 specific recommendations (over 30 of
which promoted cost-effective clean energy) to the
Governor's Steering  Committee (GSC) on Climate
Change. The governor and the GSC accepted the
  majority of the 55 recommendations and requested
  that the state conduct additional analyses on the '
  rest.

  During the policy analysis phase, Connecticut used
  several modeling tools to conduct customized
  macroeconomic analyses of four clean energy
  options. Connecticut worked with EPA specifically to
  quantify the economic, air quality, and health co-
  benefits. EPA's new Co-Benefits Risk Assessment
  (COBRA) model showed that while "the state's (exist-
  ing) energy efficiency  program ... was known to
  achieve a $3 to $1 direct return on  investment based
  on electricity savings ... an additional $4 to $1 pay-
  back in terms of reduced health costs and public
  health benefits was identified (through COBRA) as a
  result of reductions in criteria air pollutants"
figure 2.1: Tools and Rssouress fsr Asssssing the Benefits of Clean Energy
 EPA offers or supports several too?s or
, hefp slates Assess the benefits of clean energy poli-
 cies. Information about these and other tools can be
 f oand at Sttp^/eps.gov/deaneriergy/stateanctlccal/
                           '    '
 To learn mere about modeling energy policies, EPA
 prorates:
 *  Guidance on feew to affectively mod e! energy effi-
    ela ncy and/of renewable energy pof cies,     .'
 «.. Support fOf customised analyses of energy efffcknt
    cy and/sr r&tew$ble «j» Ptwtm
   Admystrators (STAPPAJ, Assoc^tion of local Air   ,
   Pollution Control Officials |ALAPCO),and lotefaationa!
   Council for Local Enviromaentai Jftfetatves {tCLEfj,
.To a*ses* tbfc ^ir qtiaFity, pttbli« Nato feensfit% and
 health cost savings of air portion r&du ctions, EPA   ;• , •
 »  The
   mode!.
 To better understand greenhouse |as emissions and
 «  State Inventory Teol JSIT),
 »  Emissions forecasting Tool.
 *  State Energy Carbon Dioxide (COZ| Data Ta&fes.
 »  Emissions and Generation fiesources inte^rsted   •
 To translate greetvhause gas Qffl1ssi<]t)& into easily twrfer-
   Sreerthouse gas Equlvafencl&s Cakalaior.
                                                  Chapter 2. Developing a Clean Energy-Environment Action Plan

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                                  EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                                     PARTNERSHIP
(Connecticut GSC on Climate Change 2005).
Connecticut also used the Greenhouse Gas
Equivalencies Calculator to estimate the potential
impacts of the 55 recommendations. The state pre-
sented its findings to the state legislature in the
revised Climate Change Action Plan 2005. Four key
committees of the Connecticut General Assembly
(the Environment, Energy and Technology, Commerce,
and Transportation  committees) supported the new
plan.

5. Recommend Specific Actions for
Once policy options have been assessed and ranked
according to the desired criteria, the collaborative
typically reviews the findings. Based upon the rank-
ings and discussion among the stakeholders, recom-
mendations for action are presented in the Clean
Energy-Environment Action Plan. A sample outline
for a state action plan, based on Connecticut's 2005
Climate Change Action Plan, is presented in Figure
2.2 on page 2-8.

State Clean Energy-Environment Action Plans typical-
ly include the following components:

•  The Clean Energy Environment Goal(s), established
   in Step 2.
•  Descriptions of the Policies Recommended in Order
   to Achieve the Goal, developed in Steps 3 and  4.
•  Projected Impacts of the Policies As They Relate to
   the Goal, developed in Step 4.
•  An Implementation Strategy, outlined in Step 4.
In addition, as states design and evaluate clean ener-
gy policy options, they find it beneficial to consider
in advance how to measure success. States often
specify an evaluation strategy, a time line for report-
ing progress, the key metrics to be reported, and the
key players involved. This measurement, evaluation,
and reporting plan enables states to regularly check
their progress against their goals and  adjust course
as needed. A fifth component is often:

• A Measurement, Evaluation, and Reporting Plan.
  Together, these pieces present a strategy to deliver
  clean, low-cost, and reliable energy to a state and
  its constituents through the use of energy effi-
  ciency, renewable energy, and clean distributed
  generation (DG). Several states have successfully
  completed clean energy plans that  provide useful
  models for other states interested in reaping the
  multiple benefits of cost-effective clean energy.
  Examples and links to many of these plans are list-
  ed in the Information  Resources section presented
  on page 2-11.
   Chapter 2. Developing a Clean Energy-Environment Action Plan

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               JEPA Clean Energy-Environment Guide to Action (Prepublication Version)
      • j$ & o&llfss
5T»7£ PARTNERSHIP
        Figure 2.2: Sample Outline for s Clean Energy-Environment Astion Flan
        •!8sssd on ths 2Q05 Connecticut Ciinsste Change Ac-iion Plan si hUp^/www.cici!!naiechange.co!J!f'StateAs^onPl3n.htmi}
         Connectteu^s Climate Changs Action Plan is a blueprint for ae Iweving cost*efiective greenhouse gas emissions,     ;
         rwtectidos by a speetfibd Mar* «lti^ctor stafe8ho{tidtif w sit paifafatt effects.  ,               ,                      '                     ,;
         Rssidentiai, Commercial, Industrial Sector. 2$ policies,
         Gwnsctfetit stakeftatfars reeaomsftefvd tft&fMdmng palicie& to tower QrBGrifrwsegits smi&ioiis,
Electricity Generation Sector: 9 policies, including:
 *  lenewabie energy strategy IRES)         ';
 *  RetiewabSfl portfoJio standard (RPS)
 *  Qovemment Glean energy purchase
 •  PrcductiOTtaxcreriittPICJ
 *  Clsa R Energy Choice (Gfeen power eptionj  '
 *  RertewabJe Energy CsitHtcates (RECsl Cg
           » Appliance standards       ,             ;
           » Heat pump water heater replacement program
           « WsathertzatlonAssistaficfl Program IWAP)
           • ENfRSY STAR Honass Program,
             state-itinded buildings "
           *  Er»coura
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                                  EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                                  STATE PARTNERSHIP
Figure 2,2: Sample Gitdine for $ Clears Energy-Environment Action Plan
 C(tflsi$tet>t with £v(tft6&teut'$ fy£u$ w efimte £fi0f>gef *0 wcwmewied;/»$Sfcfe$'*re ew/aatetffrr tMr potential fy
 teduce ttreenhovse gashes. Costs, bemfitsf and "payback* are also analyzed, For seleeted masttrss, the stats m&as-
 arss co-benefits such as energy savings and ait pofiutfcut reductions.        ,        ,
 rmpe&tta lh& fosslimj, md evaluates each measure in the emtBxtDtths goal. This approach is •swm9*faB&M0w
 on
 jTransportation
 i Residential, Commercial, Industrial
 'Agriculture, Forestry, Waste
 i Electricity
 Mfowing the release of Connecticut's Cfimate Changs Action Pfan, ihe state established 3 potiw implementation
 strategy consistfas tflbe etemente felon.
 *  Present recomniendattoris to die governor and legislature fo r approval.
 *  Conduct further analyses of the costs, benefits, and implementation pathways associated with the remaining action
    items in ttiestabhofdsr report that were not slsted for immediate implementation,
    cost fteneifts^aBdifflpJernenlsttctn pathways.
- The state also es&biishsdpwcedar&s to builders existing analysts, tfeckprogfessr aatf maintain support.
 * Track progress an ea^h of the measures appfov&d for Jfnmediate impJementattort.
 « Continue to catenate greanhotise gas benefits and costs.
 * Corrfjn«e to analyze the co-benefits of priority policy options,
 « Obtain sJaicehohterfesedback. DRthe Actroa Plan and its rmpleraentatitoa,
 * Assess progress on each measure and develop ad annual rsport on results,
 * Pr0s««t iir$t ^ B»»at ^ro$f $ss report to the O^ftersal Ass««ibJv at th& $nd 
-------
           .1   EPA Clean Energy-Environment Guide to Action (Prepublication Version)
dim En«jyl:Cvi;M:w$Miti(M tm hetp
         achieve success. Tftet fattpwtQg tbreepoficfes—initially r6C6trmen4ed in theActi&n Pirn—are now in place:
           Connecticut adopted n«w ewer&y sfficiency standards! er a ra»p of residsn^al and eofnroef clal appliances and
           products In SVfey 2084,
           "Ad Act Caaceffiiiuj tn^fgy £ffic«Rcy $taadanrts" wHI save fflora than $380 million So $n«f$y costs by 202Qr can-
           ser«e more than 430 GWh of eiflctricity, reduce summef peak efeetricity demand bv rMfe ban 125 tnegawatts  • ;: -"
           {JVIW), and avottf the emisstorts oi about 65,QQ& metric tons of carb«n.                            --  ; "
           The p«3duets covered by the Connecticut law infrlufe torchiere Sigrtting ftxtures, buiidmg tfartsfofroefs/comntierciaf
                                s, traffic $3^al$( e^it signs, larg$ p^cksg$d air ^ortffitiorjtrvj ^^utpmertt, uitit tte&ters, tod
         BPS    '-;-  -        \-   '  ,   ;
         * Codtiecticut's RP$ requires 16% ot all retail «iec&tcltv saiesto cams from renewable resources by 2010.
         * Tti$ legislature expanded it In June 2DQ5 by adding new "Class lir reqatrsments covering energy efficiency
         « UndertNe new Class it! requirements, electricity SapplferS mustpurehase 1% of supply^ rom efftel&BByandCHI* by
           2007 and 4$ i
         Leading by Exampls                                  .                    .                      , ::\ "
         •" ^CoRfJ^feut i$ committed to |iureN$ifts 20% of tte s»t« government^ riettrloity from 'ctegtf soumesfetf 2010, ,
         *\fo he^wwmpBsh W$ goat the Bs^aitmgnt of Envi^nmertfel Pfotectiun^OCP) arwouncedm Nov«fflls$rZWi$^«t
           it wiii receive 100% of its yearly etectftEity {7.g miHion kitowaft-hqurs fkWrij) from  renewables. TOs will reduce C02
           emissions by 3,71&tons a yew, which is equivalent to the total eteetfka! needs of 670 ftouselwWs or talcing 730
           cars off tho road lor«n« v»af-
                                                         Chapter 2. Developing a Clean Energy-Environment Action Plan

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                                      EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Information  Resources

Clean Energy Potential Studies
 Discussion of Proposed Energy Savings Goals for Energy Efficiency Programs in
 California. 2003. California Energy Commission (CEC). September.
 The Potential For Energy Efficiency in the State of Iowa. Oak Ridge National
 Laboratory. June 2001.
 Nevada Statewide Energy Conservation Plan.
 js :•;!:: iRestf netai^lpwjiSicPafsi'tiaipif |i:j £<> ;:£]

 ^i^S^?^^i$fH|HiiI;ll^l

 Nevada Energy Efficiency Strategy. 2005. Southwest Energy Efficiency Project
 (SWEEP): H. Geller, C. Mitchell, and J. Schlegel. January.
 Energy Efficiency and Renewable Energy Resource Development Potential in New
 York State, Volume 1: Summary Report. Prepared by Optimal Energy Inc. for NYSER
 DA. August 2003.
 | :| SrB il/i^yy?: j^b?*;? §%b« j/p$i;s!» :§ | i; i:! ii;;;;! li^f j
 feK'(48vS8S'^t8!f^YHS^l;!6n'4^^S!^3y!.|jj(5K^i
 j:i-;;:.:; •;•; •;• •;• fK ?•*!!.:" x;, f':1 j •': ':•:;. S:: yfi iVh ';•£': \!': ?::''¥ •> C:.: •;• :V j
--;vr;vr;-":->---vv-*'Vl'"'''"1"'T-""-"'":"'"""""";!"v""":T"":"r'T'"T"'r"T'*7'r-'"O'-?''O"l
 Connecticut Conservation and Energy Efficiency: Recent Performance, Future
 Potential. 2004. Study conducted for the Connecticut Conservation Management
 Board. December 2.
 Assessment of Energy Efficiency in Georgia. 2005. Prepared for Georgia
 Environmental Facilities Authority by ICF Consulting.
 A Balanced Energy Plan for the Interior West. Western Resource Advocates. 2004.


 SWEEP

 5th Northwest Power Plan. Northwest Power and Conservation Council.


 Conservation Regional Technical Forum.
 Air Pollution Prevention Forum Documents. Western Regional Air Partnership
 (WRAP).
 Energy Efficiency and Economic Development in New York, New Jersey, and
 Pennsylvania. 1997. American Council for an Energy-Efficient Economy (ACEEE), S.
 Nadel, S. Laitner, M. Goldberg, N. Elliott J. DeCicco, H. Geller, and R. Mowris.

 The New Mother Lode: The Potential for More Efficient Electricity Use in the
| Southwest November 2002. SWEEP. H. Geller, director of SWEEP; ACEEE, Tell us
 Institute, Etc Group, Robert Mowris and Associates, and MRG & Associates.
 Economically Achievable Energy Efficiency Potential in New England. Northeast
 Energy Efficiency Partnerships by Optimal Energy.
   Chapter 2. Developing a Clean Energy-Environment Action Plan

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                 EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STA-6 MRTHEIISHIP
          Emerging Energy-Saving Technologies and Practices for the Buildings S
          2004.ACEEE.
         Oesn Energy Plans and  Planning Processes
         (See also, Information Resources in Section 3.2, State and Regional Energy Planning)
          California's Secret Energy Surplus:
          2002. XENERGY, Inc., M. Rufo and
;: The Potential for Energy Efficiency, September   :::if&j$&!K ':•• 'ft:', :-• X?. '•*.M«'.'.\f. :i::-:,ii '•&';•;•?:-•:-. t::-:y.:!
        1  J"wl'*
          EPA Global warming Web site, Global Warming-Actions. Information on climate
          change plans.
          Rhode Island Greenhouse Gas Process. 2001
                                                               Chapter 2. Developing a Clean Energy-Environment Action Plan

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                                     EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                                            STATE P«FnHEBS«ll>
Developing a Renewable Energy Based Economy for South Texas: A Blueprint for
Development. U.S. Department of Commerce (DOC). 2002.
Job Jolt The Economic Impacts of Repowe ring the Midwest: The Clean Energy
Development Plan for the Heartland. The Regional Economics Applications
Laboratory for the Environmental Law & Policy Center. 2G05.
Energy Efficiency and Economic Development in New York, New Jersey, and
Pennsylvania. ACEEE. Nadel, S. Laitner, M. Goldberg, N. Elliott, J. DeCicco, H. Seller,
and R. Mowris. 1997.
Renewable Resources: The New Texas Energy Powerhouse. A report on the eco-
nomic benefits of renewable energy in Texas and how to keep them growing.
i|ip|>^|i)^|t^^s«iiip;^|;0j^;l
The Public Benefit of Energy Efficiency to the Commonwealth of Massachusetts.
RAND. 2002.
The Economic Impact of Generating Electricity from Biomass in Iowa: A General
Equilibrium Analysis. G. Weisbrod and X. Lin. 1996.
Clean Energy and Jobs: A Comprehensive Approach to Climate Change and Energy
Policy. Prepared by J.P, Barrett, Economic Policy Institute, and J.A. Hoerner, Center
for a Sustainable Economy, with S. Be mow and B. Dougherty, Tellus Institute. 2002.

The Public Benefit of Energy Efficiency to the State of Minnesota. M. Bernstein, C.
Pernin et al. 2002. RAND Science and Technology, Santa Monica, CA.

Energy Efficiency and Renewable Energy Technologies as an Economic
Development Strategy for Texas. M. Goldberg and  S. Laitner. 1998. Economic
Research Associates, Alexandria, VA.

Energy Efficiency and Economic Development in the Midwest. S. Laitner, J. DeCicco
et al. 1995. ACEEE, Washington, D.C.
Economic Impact of Renewable Energy in Pennsylvania: Analysis of the Advanced
Energy Portfolio Standard. R. Pletka, J. Wynne et al. 2004. Black & Veatch
Corporation, Overland Park, KS.
Economic Impacts and Potential Air Emission Reductions from Renewable
Generation & Efficiency Programs in New England: Final Report. W. Steinhurst, R.
Mclntyre et al. 200S. Synapse Energy Economics, Cambridge, MA.
  Chapter 2. Developing a Clean Energy-Environment Action Plan

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                  EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
         References
          Connecticut 6SC on Climate Change. 2005. CCCAP, 6SC on Climate Change.
          Connecticut Climate Change Web site, State Action Plan.
          Environment Northeast. 2005. Energy Efficiency Potential: Energy Conservation
          Management Board, Maximum Achievable Potential Report Summary Information.
          Energy Efficiency Standards, Environment Northeast, Rockport, ME.

          EPA. 2005. Global Warming-Actions. Global Warming Web site. Accessed July 2005.
          Geller, H., and C. Mitchell, and J. Schlegel. 2005. Nevada Energy Efficiency Strategy.
          Prepared for the SWEEP. January.
          ICF Consulting. 2005. Assessment of Energy Efficiency Potential In Georgia. Prepared
          by ICF Consulting for Georgia Environmental Facilities Authority. Final Report. May 5.
          NYSERDA. 2002. New York State Energy Plan. New York State Energy Research and
          Development Authority, Albany, NY.
          NYSERDA. 2003. Energy Efficiency and Renewable Energy Resource Development
         | Potential in New York State, Volume 1: Summary Report Final Report. Prepared by
          Optimal Energy Inc., American Council for an Energy-Efficient Economy, Vermont
          Energy Investment Corporation, and Christine T. Donovan Associates for NYSERDA.
          August.
          Schlegel, J. 2004. Conservation and Energy Efficiency: Recent Performance, Future
          Potential. Study conducted for the Connecticut Energy Conservation Management
          Board. December 2.
          State of Oregon. 2005, Oregon Renewable Energy Action Plan. Oregon DOE. April 12.
                                                              $>• Chapter 2. Developing a Clean Energy-Environment Action Plan

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   sTftTE PARTNERSHIP
        States are achieving substantial energy cost savings,
HI     emission reductions, and economic benefits by
H!   .  implementing planning approaches and incentive
IH     structures that advance the use of clean energy. This
H|     chapter describes four planning and incentive poli-
H|     cies, beginning with state programs to "lead by
||!     example" by implementing clean energy actions
|H     within their internal operations. It also covers state
Hf     and regional planning efforts to promote clean ener-
Hl     gy and  quantify related air quality benefits. The  last
HI     policy describes approaches for financing these clean
Si     energy  activities.
$8%
sm
AWAV
fH     The policies shown in Table 3.1 were selected from
HI     among  a larger universe of opportunities for support-
fll     ing clean energy because of their proven effective-
ill     ness and their successful implementation by a num-
H|     ber of states. The information presented in each poli-
Ifl     cy description is  based on the experiences and best
HI     practices of states that are implementing the pro-
Is!     grams,  as well as on other sources, including local,
HI     regional, and federal agencies and organizations,
S     research foundations and nonprofit organizations,
S     universities, and  utilities.

||t     Table 3.1  also lists examples of some of the states
HI     that have implemented programs for each policy.
3     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 clean energy 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, which are tied to
        state planning and incentive  structures, states are
        adopting  a number of other policies and programs to
          Clssn
[Energy Efficiency Portfolio Standards (EEPS)
jPublic Benefits Funds (PBFsjfor Energy
I Efficiency
I Building Codes for Energy Efficiency
i State Appliance Efficiency Standards
Section 4.1
Section 4.2
Section 4.3
Section 4.4
i Renewable Portfolio Standards (RPS)
j PBFs for State Clean Energy Supply Programs
i Output-Based Environmental Regulations to
j Support Clean Energy
i Interconnection Standards
i Fostering Green Power Markets
[Portfolio Management Strategies
[Utility incentives for Demand-Side Resources
! 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 6.1
Section 6.2
Section 6.3
promote increased use of energy efficiency and clean
energy supply that may interact with planning and
incentives. These policies are addressed in other sec-
tions of the Guide to Action, as listed in the box,
Clean Energy-Environment Policies, and described in
more detail in Chapter 1.
           Chapters. State Planning and Incentive Structures

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                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PARTNERSHIP
        Tsbia 3.1: Stets Planning and

Lssii by Scsmpie ' ''• \ States lead 'by example by establishing programs that
| achieve substantial energy cost savings within their own
j operations, buildings, and fleets and demonstrate the fea-
j sibility and benefits of clean energy to the larger market
i
Stats srxS Regions! ; Energy planning at a state or regional level can be an
Efisray Ptenmns | effective means for ensuring that clean energy is consid-
jered and used as an energy resource to help states
j address their multiple energy and non-energy challenges.
|
D$termifiif?jj th» ASf \ States estimate the emission reductions from their clean
OiisSHy BsfEjafJts; cti Cte} i energy programs and incorporate those reductions into
S&Sfgy \ clean energy programs and policies.
Rinding and ^csK^vsa | States implement a range of targeted funding and inceri-
s i lives strategies that encourage governments, businesses,
j and consumers to save energy .through cost-effective
j clean energy investments. Between 20 and 30 states have
; revolving loan funds for energy efficiency, tax incentives
jfor renewable energy, grants for renewable energy, or
i rebates for renewable energy.
J»SN«««»SSS««S«S«NS««S«««S^
CA,CO,IA,NH,NJ,NY,
OR,TX
CA, CT, NY, MM, OR,
Northwest Power and
Conservation Council,
New England Governors'
Conference (NEGC),
Western Governors
Association (WGA),
Western Interstate Energy
Board
LA (local), MD (local), TX,
Wl, Western Regional Air
Partnership (WRAP)
cXcd/r^Mf, NY.bafx,
WA
•«««SS««»i«SSSSSiS'N*S8«
Section 3.1
Section 3.2
Section 3.3
Section 3.4
*
j
                                                                       Chapters. State Planning and Incentive Structures

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                                       EPA Clean Energy-Environment Guide to Action (Prepublication Version)
3.1 Lead by Example


      Policy Description  and  Objective

      Summary
      State and local governments are implementing a
      range of programs and policies that advance the use
      of clean energy within their own facilities, fleets, and
      operations. These "Lead by Example" initiatives help
      state and local governments achieve substantial
      energy cost savings while promoting the adoption of
      clean energy technologies by the public and private
      sectors.

      States are leveraging their purchasing power, their
      control of significant energy-using resources, and  the
      high visibility of  their public facilities to demonstrate
      clean energy technologies and approaches that lower
      their energy costs and reduce emissions. They also
      work closely with local governments, schools, col-
      leges and universities, parks and recreation facilities,
      and other public sector organizations to promote
      clean energy within their operations. Lead by
      Example programs take many forms, including:

      •  Incorporating  clean energy principles into
         statewide energy policies.
      •  Adopting energy efficiency savings goals for exist-
         ing public buildings.
      •  Establishing energy efficiency performance stan-
         dards for new  and  renovated public buildings.  •
      •  Procuring energy-efficient equipment for public
         facilities, including implementing "green fleets"
         programs.
      •  Purchasing and using renewable energy and clean
         energy generation  in public facilities.
      •  Developing innovative financing mechanisms,
         including:
         -  Establishing energy efficiency loan funds.
         -  Creating a master financing program with pri-
           vate sector  investors to capture energy savings.
         -  Directing public pension fund trustees and man-
           agers  to establish energy-efficient investment
 Lead by Example programs offer states
 opportunities to achieve substantial energy
 cost savings within their own operations.
 demonstrate environmental leadership, and
 raise public awareness of the benefits of
 dean  energy technologies.


    strategies for real estate and securities portfo-
    lios and/or allocate investment funds for ener-
    gy-efficient and  renewable energy technology
    development.
  - Approving legislation enabling state agencies
    (and other local  governments) to enter into
    energy savings performance contracts that
    require that the  savings cover the cost of
    financing the improvements out of current and
    future operating budgets.
• Providing technical assistance and training to
  state and local facility managers and their staff,
  including, for example:
  - Developing building design and commissioning
    guidelines.
  - Assisting with energy audits and implementa-
    tion of verified savings using Energy Service
    Companies (ESCOs).

The potential energy and cost savings that can be
achieved through energy-efficient improvements in
public facilities are substantial. States are responsi-
ble for  more than 16  billion square feet of building
space and spend more than $11 billion annually on
building energy costs, which can account for as
much as 10% of a typical  government's annual oper-
ating budget (DOE 2005e).
The objectives of state Lead by Example programs
vary from state to state. They include:

• Serving as a leading component of comprehensive
  statewide clean energy programs and initiatives
  and encouraging action by a broad range of public
  and private sector organizations.
         Section 3.1. Lead by Example

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                EPA Clean Energy-Environment Guide to Action (Prepublication Version}
STATE PARTNERSHIP
        • Accelerating adoption of clean energy in the mar-
          ketplace by setting an example and demonstrating
          cost-effectiveness.
        • Educating and informing policymakers and stake-
          holders and raising public awareness about the
          multiple environmental, economic, and energy
          benefits that clean energy offers.
        • Achieving cost savings through adoption of ener-
          gy-efficient technologies and clean generation.
Lead by Example programs provide direct operational
benefits to state and local governments, including:

• Reducing facility operation costs and increasing
  funding available for non-energy-related expendi-
  tures.
• Encouraging clean energy development in the
  state and region and demonstrating environmental
  leadership.
• Achieving substantial cost savings through aggre-
  gated purchasing of energy-efficient products and
  green power.
• Supporting the development of in-state markets
  for clean energy products, manufacturers, and .
  services (e.g., ESCOs, renewable energy equipment
  installers, and energy-efficient product retailers).

Many state Lead by Example programs focus on
improving the energy efficiency of equipment and
building systems. Additional benefits, however,  can
be achieved by purchasing or generating clean  power
for public facilities. A number of options are avail-
able to state and local governments, including:

• Purchasing green power for public facility con-
  sumption.
• Using combined heat and power (CHP) technolo-
  gies to reduce energy use through higher efficien-
  cy.
• Developing onsite clean energy facilities, such as
  solar photovoltaic (PV), wind, and CHP.
• Using existing government resources for clean
  power production (e.g., electricity generation from
  landfill gas, methane recovery at sewage treat-
  ment plants, and biomass resulting from tree and
  garden trimming).

States with Lead by Example Programs
While the possibilities for state  Lead by Example ini-
tiatives are broad, current state Lead by Example ini-
tiatives typically fall into one of the following cate-
gories:

• State Clean Energy Plans. Several states are incor-
  porating  specific clean energy goals and objectives
  for state facilities in their state energy plans.
  States that show leadership in this area include
  Iowa, Connecticut, and California. (See the State
  and Local Examples section on page 3-13.)
• Energy Savings Targets. States also set energy sav-
  ings goals for existing facilities, typically expressed
  as percentage targets with calendar milestones
  (e.g., reducing energy use per square foot by 20°/o
  by 2010). Several states have enacted  legislation
  to set these targets. For example, in 2003, the
  Arizona legislature passed HB 2324 that requires
  state agencies and universities to achieve a 10°/o
  reduction in energy use per unit of floor area  by
  2008 and a 15% reduction by 2011. California,
                                                               New York's executive Order 111, adopts*! in 2081,'
                                                               establishes a $«mprirWftSiy« jmer&y efftel&w? md
                                                               ren&w?l»fe energy program through govemfflent pro-
                                                               e uremerrt sta Bdafds and ituMng design practices.
                                                               AppBeaele to 38 stats agencies and departments,^
                                                               order:                  -         ;
                                                               •  Sets targets for reducing energy consumption in
                                                                 state buiidtofs.        ':
                                                               »  Sets goats ami tar jets lor purchasing teftewabte
                                                                 energy sources and clean fuel vehicte$.  ;
                                                               »  l-stafclislies energy performance criteria and guide-
                                                                 lines for new end existing buildings.
                                                               *  Req a ires p are & a*e of ENERSY STAR products whe &
                                                                           r*ew
                                                                    Chapter 3. State Planning and Incentive Structures

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                                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                               STUTE PA«tNERSHIP
New Hampshire, and New York have also adopted
energy savings targets.
Energy Efficiency Performance Standards. Some
states establish sustainable design principles that
incorporate energy efficiency criteria in perform-
ance standards for new and renovated buildings
and facilities. States that have established  energy
efficiency performance standards include Oregon.
and Massachusetts.                            '
Energy-Efficient Purchasing. States are specifying
minimum energy efficiency specifications for a  *
range of products (e.g., appliances, equipment,   '
"green fleets" of vehicles that use alternative
fuels). In some cases, states establish procurement
policies that reference the ENERGY STAR label:
Where mandatory low-bid requirements are in
place, legislative authority might be required to
modify procurement regulations. States that have
issued executive orders and/or legislation to
require procuring energy-efficient products include
Arizona,  New Hampshire, New York, and California.
Clean Energy Generation. Purchasing and using
renewable energy and clean energy generation for
state and local facilities is another way states are
leading by example. State and iocalagencies have
established clean energy.supply targets that are
met through onsite generation or  by purchasing
green power electricity or renewable energy cer-
tificates. An increasing number of state and local
governments, including New Jersey,  New York, and
Iowa, are aggregating electricity demand to pur-
chase green power. States are also identifying
 Iowa's Executive Older 41, adopted April 22,2005,
 directs state agencies to obtain at least 10% of their
 electricity f rom rsnewabte energy sources by 2&10, To
 satisfy this r0t^irsment; age&etes maysarmratfettwV
 own renewable eae*gyof participate in th&ir utility's
 green power programs,

 Sowce; towa 2005,
  opportunities to generate clean onsite power, such
  as CHP systems, and to use clean DG technologies
  for backup or emergency power.
• Innovative Financing. States are developing a wide
  range of innovative financing mechanisms, includ-
  ing revolving loan funds, tax-exempt master lease-
  purchase agreements, lease revenue bonds, pen-
  sion funds, and performance contracting. These
  financing mechanisms, used to finance .programs
  to implement energy efficiency improvements in
  existing buildings, renovation projects, and new
  state facilities, are usually administered  by the
  state Energy office or other lead agency, which
  coordinates the program across multiple state
  agencies.
  Iowa has been a leader in state financing for pub-
  lic facilities. Legislation  passed in the 1980s estab-
 . lished the Iowa Energy Bank and the State
  Facilities Program. In Maryland, the State Agency
  Loan Program (SALP) provides 0% loans to state
  agencies for cost-effective energy efficient
  improvements in state facilities. This self-sustain-
                                                     alies about 5% of the aggregate demand in county
 In 1399,17& puljfic ageaclfes in New Jersey aggregat-
 ed power purchases with the goat of negotiating tower
 eflergy costs. A portacn of the reiftltteg savings was
 rtftrtves&rf to clean energy, Now, 12% of the agencies'
 energy needs are met with green power.-
 Mostgomery County, Maryland^ fed-a regional partner-
 ship to purchase wind energy, Participating entities
                      County agertelfcs ami 12 ether
                       , GreW pow&r currently s^p-
 Tfos Cape tig ht Compact in M assacttusetts is art
 organtiStiofl with rftgfftber^ frotrt &!) 21 tcwns of Caps
 Cod and Martha's Vineyard, Barnstabls and $akes
 counties. Tha Com^aetfiegotfates iawer cost electrici-
 ty and other benefits for atl members. Recently the .. ^s
 Compact began to offer easterners gfeen power prod-
 ucts with up to 100% renewable energy-
Section 3.1. Lead by Example

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                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE P»FttNERSHIP
          ing fund is capitalized with national oil overcharge
          funds. Since its inception in 1991, SALP has fund-
          ed more than $9 million to upgrade lighting, con-
          trols, boilers, chillers and other energy equipment.
          Agencies repay the loan through'their fuel and
          utility budgets, based on the avoided energy costs
          of the project (MEA 2005).
          New Hampshire has a master lease program in
          place for state facilities that leverages energy sav-
          ings from current'and future operating budgets to
          cover the financing  cost of new equipment.
          California offers a revenue bond program to pro-
          vide low-cost financing of alternative energy
          equipment and for energy and water conservation
          measures by state and  K-12 facilities. While per-
          formance contracts  are not financing agreements,
          per se, they can assist with project funding and
          implementation. In Louisiana,,state agencies will
          be able  to issue Request for Proposals (RFPs) that
          essentially follow the performance contract model
          developed by the state Energy Fund. Colorado
          passed enabling legislation authorizing perform-
          ance contracting in  the early 1990s.
          Technical Support Marty states lead by example by
          providing technical assistance, training, and evalu-
          ation support to state and local agencies and
          facility operators. State examples include
          California's new building design and commission-
          ing guidelines and Oregon's Building
          Commissioning Program. California's Energy
          Partnership Program provides a variety of services
          including conducting energy audits, preparing fea-
          sibility studies,  and reviewing existing proposals
          and designs. In  Washington, school districts are
          advised  to seek the assistance of the  General
          Administration's Energy Savings Performance
          Contracting (ESPC) program for energy perform-
          ance contracts and for project oversight.
Designing  an Effective  Lead by
Example  Program
Although specific program designs vary from state to
state, a number of common elements exist that have
helped states develop effective Lead by Example pro-
grams. These include: involving multiple agencies and
levels of government, identifying funding sources,
and leveraging federal and state programs.
  Executive Branch. The executive branch plays a key
  role in Lead by Example initiatives. Many state
  governors have issued executive orders that set
  energy savings targets for existing buildings,
  define energy and environmental performance
  standards for new buildings, set fuel economy tar-
  gets for state-owned or -leased vehicle fleets, cre-
  ate green power purchasing policies, and create
  efficiency guidelines for purchasing energy-using
  equipment. Since most Lead  by Example initiatives
  involve state-owned or -leased property, the exec-
  utive  branch typically has broad powers to change
  policies and practices involving state facilities,
  fleets, purchasing operations, and other aspects of
  state  government. An example of this is New
  York's Executive Order 111, Green and Clean State
  Buildings and Vehicles, which sets targets for
  100% of all new light-duty vehicles to be alterna-
  tive-fueled vehicles by 2010 and  for energy con-
  sumption in all buildings to be reduced by 35%
  (relative  to 1990 levels) by 2010.
  State Legislature. In many cases,  legislative
  authority is not needed to launch Lead by Example
  initiatives. However, legislative authority may be
  required  when modifying procurement regulations
  (e.g., to release state agencies from mandatory
  low-bid requirements when purchasing Green
  Power or to enable agencies to enter into long-
  term energy service agreements for performance
  contracting). For example, Washington's Engrossed
  House Bill 2247 requires energy audits in state
  buildings, and if the audits produce opportunities
  to save energy, the improvements are to be
  accomplished by using performance contracting.
                                                                   Chapters. State Planning and Incentive Structures

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                                EPA Clean Energy-Environment Guide to Action (Prepul
Performance contracting has been promoted by
North Carolina's state legislature as a means of
reaching its energy savings goals and updating
facilities without using limited capital budget dol-
lars.
State Energy Office. In many states, the energy
office develops and administers a range of clean
energy programs and provides technical assistance
and training to state and local agency staff and
facility managers. State energy offices also work
with other state agencies, local governments,
school districts, and other public organizations to
identify clean energy opportunities statewide.
State Department of General Services and
Department of the Treasury. One of these agencies
typically serves as the custodian of state facilities.
They administer state capital construction  pro-
grams and establish guidelines for construction,
operation, and purchasing practices.
State Housing and Economic Development  Offices.
These agencies may operate a variety of programs,
including low- and moderate-income housing and
development programs, state mortgage financing
programs, and enterprise zone and  brownfield
redevelopment initiatives.
Local Governments. In many cases,  local govern-
ments have initiated and adopted their own  Lead
by Example programs. For example, in Maryland,
Montgomery County has developed a green power
purchasing program to leverage the buying power
of multiple local jurisdictions. Some states work
with local governments to educate local officials
about these opportunities and to coordinate, pool,
and set common criteria for such initiatives. States
can also provide financial  assistance, education,
training, and technical assistance to local govern-
ments. For example, Arizona's Municipal Energy
Management Program (MEMP). administered by
the Arizona Commerce Department, provides train-
ing, tools, technical assistance, and grants to  .
municipal and tribal governments to help imple-
ment energy saving projects (Arizona Department
of Commerce 2005).
School Districts, Colleges, and Universities.  There
are many opportunities to improve  energy  effi-
ciency and purchase or generate clean onsite


Section 3.1. Lead by Example
power at K-12 schools, coll
One option is to use efficie
ing budgets to finance new
by freeing up capital budge
In fact, some colleges and
that investing in energy
vides  better yields than the
Duke  University has used e
finance energy efficiency p
Utility Energy Programs. Ut
efficiency and onsite distrib
grams can support a state's
efforts by, providing technic
facility managers and new
some  cases, utilities provid
tives to state agencies for i
Utilities that  administer pu
(PBFs) or that have regulat
mandates are typically best
this kind  of assistance.
ESCOs. ESCOs can perform
ments and/or conduct full e
ects on a performance-con
projects, the state does not
the ESCO develops and fma
efficiency savings to cover
Nonprofit Organizations.
and work  with third-party
to develop and administer
grams. For example, Iowa e
Iowa  Facilities Improvemen
nonprofit  corporation that
implement cost-effective e
improvements. Also of note
which was established in 1
legislature and Public Servi
first statewide energy effic
Vermont provides technical
cial incentives to help Vern
for cost-effective energy-e
construction, renovation, e
appliances.
Store Treasurers and Public
Managers. The role of
state  treasurers is to provic
fund  managers and are inc
     ges, and universities.
     cy savings in operat-
     energy projects, there-
      dollars for other uses.
     niversities have found
  efficiency projects pro-
     market.  For example,
     dowment funds to
     ijects.
     ties that have energy
     uted generation pro-
     .ead by Example
      I assistance to state
     acility design teams. In
     funding and incen-
     ean energy projects.
      ic benefits funds
     d efficiency acquisition
     positioned to provide
pension
                          cation Version)
                                                                                               STATE PARTNERSHIP
     nergy project assess-
      ergy efficiency proj-
     ecting basis. In such
      irovide upfront capital;
      ces the project, using
      e cost of capital.
  Scjme states designate
     onprofit organizations
     ead by Example pro-
     tablished the State of
      Corporation (SIFIC), a
      elps state agencies
     ergy efficiency
      s Efficiency Vermont,
      99 by the Vermont
     e Board as the nation's
      ncy utility. Efficiency
     assistance and finan-
     Miters identify and pay
      icient building design,
     uipment, lighting, and
Pension Fund
   fund trustees and
  policy direction for
easingly looking for

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                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
STATE PmtTNERtHIP
          opportunities to improve the value of their portfo-
          lios. Some state treasurers and public pension fund
          managers invest in clean energy programs and
          energy audit investments to identify cost savings.
          For example, California's state treasurer started
          the Green Wave program to encourage pension
          fund investment in energy efficiency and renew-
          able energy retrofits and upgrades on state prop-
          erty. This type of investment not only provides an
          opportunity for fund managers to "green" their
          portfolios, but also saves money and  increases the
          value of the assets and overall portfolio.
        States sometimes pay for energy efficiency and
        renewable energy projects with general funds allo-
        cated through the budget and appropriations
        process. However, because of fiscal constraints,
        states are developing new funding approaches for
        their clean  energy investments. One popular underly-
        ing strategy involves redirecting the operating budg-
        et dollars saved from the utility budget when  energy
        conservation improvements are made and using the
        savings to pay for the financing of the needed equip-
        ment. Several states have adopted innovative fund-
        ing mechanisms to support Lead by Example pro-
        grams, including:

        •  Revolving Loan Funds. These entities make  loans
           and re-lend current loan  payments to fund  new
           projects.  The original capitalization can come from
           a variety of sources including SBCs and oil over-
           charge refunds. They are  typically low interest,
           long-term  loans for energy conservation or renew-
           able energy projects. They may cover all capital
           expenditures or may be on a cost-shared basis.
           The Iowa Energy Bank, described in the State and
           Local Examples section, on page 3-13, provides an
           example  of how Iowa has structured its loan pro-1
           gram. (For more detailed information on revolving
           loan funds, see Section 3.4, Funding and
           Incentives. Also see the Texas LoanSTAR program
           in the State and Local Examples section.)
• Energy Savings Performance Contracting (ESPC).
  The ESPC industry has developed over the past 25
  years in response to the need for major new
  capital investments in energy efficiency, particu-
  larly in public and institutional facilities. Energy
  Performance Contracting is a  construction method
  that allows a facility to complete energy-saving
  improvements within an existing budget by
  financing them with money saved through reduced
  utility expenditures. Facilities make no inital capi-
  tal investments and instead finance projects
  through guaranteed annual energy savings. Several
  states have created enabling legislation and devel-
  oped  model programs, helping to develop an
  industry  capable of bringing significant capital
  investment to state governments. (See Section 3.4,
  Funding and Incentives.)
• PBFs. PBFs are funds typically created by per kilo-
  watt-hour (kWh)  charges on electricity bills. Many
  states use PBF resources to help support clean
  energy programs. PBFs were initially developed
  during the 1990s to provide resources to help fund
  public benefits programs that utilities were not
  expected to pursue in a restructured electricity
  market. These funds are used  to support renewable
  energy, energy efficiency, and low-income pro-
  grams. (See Section 4.2, Public Benefits Funds for
  Energy Efficiency, and Section 5.2, Public Benefits
  Funds for State Clean Energy Supply Programs.)
• Aggregated Purchasing Contracts for Green Power.
  An increasing number of organizations, including
  state and local governments, are aggregating  elec-
  tricity demand to purchase green power. By com-
  bining the electrical needs of a number of agen-
  cies, state and local governments are often able to
  negotiate lower prices for green power. It is easier
  to achieve savings from aggregated green power
  purchases in restructured markets where there are
  competing energy suppliers.
• Pension Funds. Some states use  pension funds to
  invest in  clean energy projects. Pension fund man-
  agers seek a mix of investments that ensure stable
  returns for their contributors when they retire.
  Energy cost savings are captured over a set time
  period to pay off the capital investment, and gen-
                                                                    Chapter 3. State Planning and Incentive Structures

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 t  !          I    '  :  1       .
EPA Clean Energy-Environment Guide to Action (Prapu
 !.:        ''I      I''"
    i
                                                                 til
  erate a solid return to the .pension fund. For exam|
  pie, Washington Real Estate Holdings/a" real estate
  manager for the Washington State Investment   >,
  Board, which manages the state's pensions, com-|
  pleted a $3.5 million SMART ENERGY and energy?
  efficiency upgrade of Union^Square that lowered |
  the building energy costs by 40% and.created 30 Ji
  jobs for a year (Fe!dmaa2005).                 [i
                                                ' |
  Use of Lifecycle-Cost Accounting for Energy      |
  Efficiency Projects. Cost-effective energy-efficien-:
  cy investments more than pay for themselves in  V
  the form of reduced energy bills over the life of  }
  the investment. However, government procure-
  ment and capital budgeting practices frequently ;"•
  do not take life-cycle costs into account
  Procurement rules (e.g., applicable to small pur-
  chases, such as equipment replacement) often   '*
  require states to accept the lowest bid, on a first-,
  cost-only basis. Similarly, capital budgeting (e.g.,-,
  applicable for larger investments such'as new   V.
  buildings or major renovations) often accounts
  only for the debt service obligations to the gov-  ?-
  ernment and does not recognize operating budget
  savings that can more than offset the debt service
  payments. These practices often result in the    .;
  rejection of cost-effective energy efficiency
  investments because the accounting rules do not.
  fully recognize the benefits of these investments.'
  To overcome these problems, states have modified
  procurement rules by (1) specifying minimum effi-
  ciency levels for designated types of purchases,  i
  (such as requiring certain product types to be
  ENERGY STAR-certifiedj', or (2) instituting a lifecy-
  cle-cost bid procedure, where vendors;provide
  both equipment investment costs and .estimated
  lifetime energy costs for designated equipment
  types. For capital  projects,  a similar approach can
  be used: either requiring projects to meet specified
  energy performance targets or including life-cycle
  energy costs in the project accounting, analysis.
Several federal programs, described as follows, pro-
vide resources for states as they develop' Lead by
Example programs.                    .       •
  Section 3.1. Lead by Example
The :ENERGK STAR Progra
  i  ',"*      s the country to
                            where financially
                             reduce energy use by
                            ic improvements
                            h as low-cost building
                            and replacement of
                            s that if each building
                            , by 2015 Americans
                             and reduce green-
                             than 20 million met-
                             (MMTCE)-equivalent
                            lion vehicles.
                            !Y STAR Challenge,
                             -efficient improve-
                            gs and facilities,
                            d county and city gov-
                            to businesses in their
                            2005d).
                            s. ENERGY STAR pro-
                            esources, technical
                            unications and out-
                             nd  local governments
                            thin their own opera-
                            elude guidelines for
                            e helpful to states in
                            inancial performance,

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           EPA Clean Energy-Environment Guide to Action {Prepublication Version)
P»»TNERSH1P
      as well as a portfolio manager that provides tools
      related to benchmarking, measurement and verifi-
      cation (M&V), and investment priorities (ENERGY
      STAR 2005b).
   •  Purchasing and Procurement. As part of its target-
      ed assistance to states, ENERGY STAR provides a
      comprehensive guide to purchasing energy-effi-
      cient products. These purchasing and procurement
      resources include sample procurement language
      and energy efficiency specifications for many
      products. For products not covered,under ENERGY
      STAR, EPA provides links to the U.S. Department of
      Energy's (DOE's) recommended energy-efficient
      products used by federal government procurement
      officials (ENERGY STAR 2005c).

   EPA Green Power Partnership
   The Green Power Partnership is a voluntary program
   developed by EPA to boost the market for clean
   power sources that do not result in the environmen-
   tal and health risks associated with conventional
   electricity generation. State and local governments
   participating in the partnership receive EPA technical
   assistance and public recognition.
    CSU at Hay^rCrec&ivsd the 2984 Sreeri Power   '
    Leadership Award for instating the largest solar fllec-
    trie system assay university 
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                                   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
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        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

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                                   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

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                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

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                                  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
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                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

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                                 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

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                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

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                                  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

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                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
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                                  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

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                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

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                                      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

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                  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

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                                     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

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                 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

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                                     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

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              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

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                                  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

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                 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"
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                                                                                                    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

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                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,
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                                                                                                  «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
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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.
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                                                                                                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

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                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

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                                  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
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                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

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                                  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

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                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

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                                 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

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        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

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                                   EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                                   Cilia tnngifSsvii58
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                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
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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
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                                                                    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

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                                       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

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        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

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                                  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

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        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

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     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

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                                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

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                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

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                                  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

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        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

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                                  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

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                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,
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                                    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

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                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

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                                      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

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                  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

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                                     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

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                             •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

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                                                                              •
                                                                                 \ \ "             - 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

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                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

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                                  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
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        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

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                                  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

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                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

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                                  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

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                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
Cilia Entrgy&:vi:«i:
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                                  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

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                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

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                                  EPA Clean Energy-Environment Guide to Action (Prepublication Version)
                                                                                                   Clam En«9|ffe
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                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

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                               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

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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

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                                  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

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                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

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                                  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

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                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

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                                  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

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                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

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                  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

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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

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        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

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                                        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

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        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

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                                  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

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                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

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                                  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

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             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
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                                 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

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        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

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                                  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

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        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

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                                   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

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                                     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

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<*\
                  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

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                                       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

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                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

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                                  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

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        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

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                                 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

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        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

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                                   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

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                EPA Clean Energy-Environment Guide to Action (Prepubiication Version)
Cbtit Emtgy£i:
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                                  EPA Clean Energy-Environment Guide to Action (Prapublication Version)
                                                                                                 Clem I:itwgtf*«trtHi(ii
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        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

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                                  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
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        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

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                                  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

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        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

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                                      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

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        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

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                                       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«
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            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>'
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                                     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

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             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

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                                   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

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        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

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                               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

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        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

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                                  EPA Clean Energy-Environment Guide to Action (Propubiicatfon Version)
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-------
        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

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                                  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.
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   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

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                                  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

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        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

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                                     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

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            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

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                                     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

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         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

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                                      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

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              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

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                                     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
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0.4

0.2

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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

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        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

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                                           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

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Shsici to set standard:: whoe these criteria are met.
   Section 44, State Appliance Efficisncy Standards

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        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

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        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

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                                  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

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        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

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                                  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

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                                     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

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                  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

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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

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        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

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                                       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

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         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

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                                   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

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                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

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                                   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
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• •

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•


•

MD




•

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•


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ME

•

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•


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•













MT




•












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•
•






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•
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•


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•
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•


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PA

•
•
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SI




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TX




• 1



•

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•


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VT







• '


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•

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

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                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

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                                  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

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        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
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                                  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

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        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

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                                 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
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       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»
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  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

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                                  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

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        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

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                                  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

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        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

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                                     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

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                                       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

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        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

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                                  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

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        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

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                                  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

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        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

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                                 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

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        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

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                                      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

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         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

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                                     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

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             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

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                                  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

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       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

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                                    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

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       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-
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                                 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

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                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

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                                  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

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         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

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                                    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

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        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

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                                       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

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'•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

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                                    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

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        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

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                                  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

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        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
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                                 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

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        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

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                                  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
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        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

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                                  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

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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

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         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

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                                       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

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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

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                                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

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                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

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                                  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

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                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
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                                   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

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        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
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                                  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

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       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.
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                                  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

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                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
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                                   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

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                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

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                                  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

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                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

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                                  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

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                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

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                                  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

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                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

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                                  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

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                EPA Clean Energy-Environment Guide to Action (Prepublication Version)
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        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
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                                  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

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        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

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                                  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
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                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

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                                     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

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        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

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                                      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

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  Section 6.1. Portfolio Management Strategies

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                  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
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                                                                             Chapters. Utility Planning and Incentive Structures

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                                       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

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                 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

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                                  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

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                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

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                                  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

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                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

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                                  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

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           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

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                                  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

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        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
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                                  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

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        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

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                                  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

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              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

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                                      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

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                  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

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                                       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

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        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

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                                   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

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       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

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                                   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

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        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

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                                  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

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                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

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                                  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

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                 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

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                                   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

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