BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                     SB 7|
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                                 THIRD READING


          Bill No:  SB 7
          Author:   Wiggins (D)
          Amended:  5/5/09
          Vote:     21

           
           SENATE ENERGY, U.&C. COMMITTEE  :  11-0, 4/27/09
          AYES:  Padilla, Benoit, Calderon, Corbett, Cox, Kehoe,  
            Lowenthal, Simitian, Strickland, Wiggins, Wright

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Renewable energy sources:  feed-in tariff:  net  
          metering

           SOURCE  :     Recolte Energy
                      Southern California Edison


           DIGEST  :    This bill requires an electrical distribution  
          utility or cooperative to allow eligible energy generation  
          customers to apply for kilowatt-hour credits on net surplus  
          electricity generated during the following 24 months.  This  
          bill provides that a required report on the costs and  
          benefits of various metering programs and the impacts of  
          excess energy and credit generation which is to be  
          submitted by June 30, 2010 instead by June 30, 2009 and  
          requires the report to additionally evaluate the impact of  
          the generation of excess kilowatt-hours and excess credit  
          based on time-of-use rate on participating and  
          non-participating customers.

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           ANALYSIS  :    Current law established the California Solar  
          Initiative which call for the installation of 3,000 MW of  
          new, solar-produced electricity by 2016 to be installed on  
          the customer's side of the meter.  Targeted expenditures  
          under the California Solar Initiative (CSI), funded by a  
          surcharge on all ratepayers, is $3.3 billion over 10 years,  
          distributed between three distinct program components:  The  
          CSI ($2.167 million/1940MW); the New Solar Homes  
          Partnership ($400 million 360 MW); and the Publicly Owned  
          Utility Programs ($700 million /700 MW).  Homeowners,  
          businesses, and government agencies in California's IOU  
          territories installed 158 MW of distributed solar  
          photovoltaics (PV) in 2008, doubling the 78 MW installed in  
          IOU territories in 2007.  California now has a cumulative  
          total of 441 MW of distributed solar PV systems, the  
          highest level of solar installations in the country.

          Existing law allows a customer of a utility provider (e.g.  
          PG & E, SMUD, etc.) to sell solar power to the utility  
          provider to offset the cost of his/her electric bill.  This  
          is referred to as net-energy metering.  If the customer  
          produces enough solar power to cover their electrical use,  
          the customer owes nothing on their bill at the end of the  
          year.  If the customer produces less solar power than the  
          electricity consumed, at the end of the year the customer  
          owes the utility provider money.

          Current law also requires the California Public Utilities  
          Commission to submit a report to the governor and the  
          Legislature no later than January 1, 2010 on the costs and  
          benefits of net energy metering, wind energy co-metering,  
          and co-energy metering to participating customers and  
          nonparticipating customers and with options to replace the  
          economic costs and benefits of net energy metering, wind  
          energy co-metering, and co-energy metering with a mechanism  
          that more equitably balances the interests of participating  
          and nonparticipating customers.  This bill extends the date  
          to June 1, 2010.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  5/19/09)


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          Recolte Energy (co-source)
          Southern California Edison (co-source)
          California Farm Bureau Federation
          City of Calistoga 
          City of Oakland 
          David Arthur Vineyards 
          diRosa 
          Family Winemakers of California
          Far Niente 
          Napa Valley Vintners 
          New Media Learning 
          Peter A. & Vernice H. Gasser Foundation  
          Redwood Empire Chapter 
          Schramsberg 
          Sustainable Napa County 
          The Wine Institute 
          Vintage Highschool 

           OPPOSITION  :    (Verified  5/19/09)

          PG&E (unless amended)
          Southern California Edison

           ARGUMENTS IN SUPPORT  :    The author's office is concerned  
          about perceived inequities in the current net metering  
          program for CSI customers.  The author's office is aware of  
          constituents who have installed solar but are generating  
          more electricity in a 12-month net metering cycle than they  
          can use.  Consequently, the customer sees excess generation  
          for which they receive no compensation and feel that they  
          should be paid for that excess.  The author's office is  
          also concerned that net metered customers are not receiving  
          compensation based on the value of the excess electricity  
          at the time it is generated.  CSI customer scan be on a  
          flat rate or time-of-use rat (TOU).  Either way, at least  
          in the PG& E territory, net metered customers receive a  
          billing that shows other calculations but at the end of  
          12-months, regardless of a credit of kWh or TOU, the meter  
          is rolled back and both calculations are zeroed out.  The  
          results on paper can show a credit balance I dollars for  
          TOU but a deficit on an hourly basis or even a deficit on  
          the generation side, and an excess on an hourly basis but a  
          deficit on TOU .  At the end of the customer's 12-month net  
          metering cycle when usage is "trued-up" the customer can  

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          think they are owed money when in fact they are not under  
          the laws of the program and its intended structure.

          In short, the problem is that the customer can also produce  
          more solar power than the customer consumes, but the  
          utility provider doesn't have to pay the customer anything  
          at the end of the year.  While some will argue that was the  
          deal made under the net-energy metering statutes, others  
          will argue that it's not fair because the customer produced  
          solar power when their utility company agreed to buy the  
          power, but in the end, the customer/solar producer believes  
          he/she didn't get paid.

           ARGUMENTS IN OPPOSITION  :    The power companies suggest  
          that customer-generators who have an interest in generating  
          more power than is needed to meet their own demands should  
          instead enter into a Power Purchase Agreement with the  
          investor-owned utility to sell their surplus power under  
          existing feed-in-tariff (FIT) programs.  In order to  
          qualify for the existing FIT program under today's rules,  
          the customer cannot receive the SCI incentive payment noted  
          above.  They support changes to existing law that allows  
          customer generators to qualify for the CSI incentive  
          payment (sized to the portion of the system that serves  
          on-site load) as well as the FIT program.  They point out  
          that language which allows for that treatment is included  
          in the current version of SB 32.  "The customer would then  
          have the option of choosing either net metering, but  
          foregoing any payment for surplus power at the end of the  
          year, or receiving compensation for all of their surplus  
          power under the FIT."  
           

          DLW:do  5/20/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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