BILL ANALYSIS                                                                                                                                                                                                    



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          SENATE THIRD READING
          SB 7 (Wiggins)
          As Amended  July 13, 2009
          Majority vote 

           SENATE VOTE  :  34-0

           UTILITES & COMMERCE            10-3                  
          APPROPRIATIONS      12-4                            
           
           ----------------------------------------------------------------- 
          |Ayes:|Fuentes, Buchanan,        |Ayes:|De Leon, Ammiano,         |
          |     |Carter, Fong, Furutani,   |     |Charles Calderon, Coto,   |
          |     |Huffman, Krekorian,       |     |Davis, Fuentes, Hall,     |
          |     |Skinner, Swanson, Torrico |     |John A. Perez, Skinner,   |
          |     |                          |     |Solorio, Torlakson, Hill  |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Duvall, Fuller, Villines  |Nays:|Conway, Duvall, Harkey,   |
          |     |                          |     |Miller                    |
           ----------------------------------------------------------------- 
           SUMMARY  :  Allows net-metered customers who use wind and solar to  
          produce more electricity than they consume in a given year to  
          carry the credits for the excess production forward and apply  
          those credits against excess consumption for up to two years.   
          Specifically,  this bill:

           1)Allows net-metered customer-generators who produce more  
            electricity, using wind or solar power, than they consume in a  
            given year to apply credits for the excess production over a  
            given year against any excess consumption over the following  
            two years.

          2)Requires the California Public Utilities Commission (PUC) to  
            evaluate the costs and benefits of #1) above, including the  
            impacts on customers  participating and not participating in  
            net metering, as part  of PUC's required June 30, 2010  
            assessment of the California Solar Initiative (CSI). 

           EXISTING LAW  :   

          1)Creates CSI, a $3.3 billion declining rebate program to offset  
            the cost of installing solar panels on homes, businesses, and  
            public buildings.  The program requires that in order to be  








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            eligible for CSI rebates, among other requirements, the solar  
            energy must be intended to offset part or all of the  
            consumer's own electricity demand (the panels should not  
            produce more electricity than the customer's historic peak  
            demand). 

          2)Requires investor owned utilities (IOUs) to offer customers  
            with solar or wind generation that is smaller than one  
            megawatt in size, a net-metered tariff where the customer can  
            sell back electricity produced from the solar or wind facility  
            that exceeds that customer's usage at a moment in time as a  
            bill credit against electricity that the customer receives  
            from the utility when their renewable facility produces less  
            than the customer is consuming.  Caps the total amount of  
            solar and wind generation that can be subject to net metering  
            at 2.5 % of each utility's aggregate peak demand. 

          3)Requires all publicly owned utilities other than the Los  
            Angeles Department of Water and Power (LADWP) to offer a  
            net-metering tariff as provided in #2) above, or offer a  
            co-metering tariff where the bill credit is based only on the  
            cost of generation and not the entire retail rate.  Exempts  
            LADWP from the net-metering and co-metering requirements. 

           FISCAL EFFECT  :  Minor absorbable special fund costs for PUC  
          associated with approving the modification to utilities' net  
          metering tariffs and incorporating the costs and benefits of the  
          bill's provisions into the CSI assessment.  

           COMMENTS  :  Under net metering, the electric utility is required  
          to "buy back" any electricity generated by a customer-owned  
          generator as measured by an electric meter that can measure the  
          flow of electricity in both directions.  When the customer  
          generates electricity, he/she uses most of it for his or her own  
          facility.  Any excess electricity passes through the meter and  
          is distributed to the electricity grid.  At the end of the year,  
          the electric corporation calculates the amount of electricity  
          distributed to the grid by the customer and reduces the  
          customer's annual bill by the amount of electricity generated by  
          the customer.  This results in the utility "buying" the excess  
          power and paying for it in the form of a bill credit.
           
          The current net-metering program is specifically limited to  
          projects that are sized only to meet the customer's own demand.   








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          The net-metering program works in tandem with CSI to provide  
          grants to a customer installing solar energy systems.  Given the  
          current prices of solar panels, onsite solar energy is not cost  
          effective for most utility customers unless the customer can  
          receive both CSI rebates and net metering. 

          This bill provides that net-metered customers that produce more  
          electricity over the course of a year than they consume, and  
          thus have excess bill credits, will be allowed to carry those  
          credits forward and apply the credits toward any excess  
          consumption they have in the next two years.  This rewards  
          customers that have excess production in one year due to  
          temporary changes in behavior.  

          Opposition:  Several electric utilities oppose this bill because  
          they believe the bill undermines the requirements of CSI and net  
          metering that subsidized solar energy system should be sized to  
          meet a customer's load and thus should not be producing excess  
          electricity that they are required to buy at a high price.  They  
          are also concerned that allowing excess energy production to be  
          carried forward from one year to the next will result in a cost  
          shift from the customers with solar generation to non-solar  
          customers.  On this point, while the bill may result in some  
          cost shift due to the very limited number of solar customers  
          that would ever be able to claim the bill credit under this  
          bill, the cost shift will likely be negligible. 

          Additionally, Environment California has expressed concerns that  
          this bill could increase an incentive they believe exists today  
          for solar customers with excess energy to waste energy so they  
          not loose any bill credits.  Environment California is concerned  
          that the provisions in this bill that allow customers to carry  
          the bill credits forward might perpetuate these potentially  
          wasteful incentives as customers build up ever bigger reserves  
          over a two year period and have ever greater desire to "use up"  
          their reserve. 

          Related legislation:  AB 970 (Huffman) allows net-metered  
          customers that produce more electricity than they consume to be  
          paid by IOUs for their excess production.   


           Analysis Prepared by  :    Edward Randolph / U. & C. / (916)  
          319-2083 








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