BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 82
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          SENATE THIRD READING
          SB 82 (Hancock)
          As Amended  September 4, 2009
          Majority vote

           SENATE VOTE  :   Vote not relevant
            
           SUMMARY  :  Requires the Controller to establish a Solar School  
          Subaccount in the State Energy Conservation Assistance Account  
          to be used by the California Energy Commission (CEC) for loans  
          to schools for energy efficiency projects and for the  
          installation of solar energy systems.

           EXISTING LAW  :

          1)Creates the California Solar Initiative (CSI), SB 1 (Murray),  
            Chapter 132, Statutes of 2006, which provides $3.3 billion in  
            declining rebates for all applicants who install solar energy  
            systems.  The CSI provides schools a higher net-metering rate  
            for energy generated.

          2)Establishes the Energy Conservation Assistance Account (ECAA)  
            to provide loans to schools, hospitals, public care  
            institutions, and local government entities to finance energy  
            conservation related projects.

          3)Establishes the Local Jurisdiction Energy Assistance Account  
            (LJEA) as a separate account within the General Fund as a  
            depository for all money received from local jurisdictions  
            from loan repayments, for energy project assistance.  Permits  
            the CEC to contract for project services including feasibility  
            analyses, project design, field evaluation, and operation and  
            training assistance.

          4)Creates the Self Generation Incentive Program that provides  
            $125 million annually for the installation of commercial-sized  
            solar PV and wind systems.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  This bill may provide financial assistance for energy  
          efficiency measures and to place solar panels on schools. 

           1)California Energy Commission Programs available for solar on  
            schools:    The state's energy policies over the past few years  








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            have endorsed retrofitting schools and providing financial  
            assistance for the application of a portfolio of energy  
            efficiency and self-generation measures, not exclusively a  
            singular technology such as solar.  For example, the ECAA  
            provides loans for energy efficiency and conservation measures  
            and requires the facility to pay the loan off using its  
            savings derived from the energy efficiency applications.  The  
            payback is pretty quick for less-expensive measures that  
            reduce energy consumption. These include replacing interior  
            and exterior incandescent light bulbs with more efficient  
            lamps, replacing mechanical thermostats with programmable  
            thermostats, and installing or replacing other gadgets that  
            automatically turn a system off when not in use. 

          Some of the larger more expensive items require a longer payback  
            period, such as upgrading heating ventilation and air  
            conditioning (HVAC) systems, installing co-generation,  
            combined heat and power systems that generate electricity and  
            use the waste heat to preheat swimming pool water, and other  
            large capital investments.  Solar projects would also take a  
            little longer to pay back due to the large initial capital  
            outlay.

          Of the four examples provided on the CEC internet site, the  
            average payback period is a little over 6 years.  Because  
            taxpayers pay for schools and public buildings, policies have  
            encouraged the reduction of energy usage at schools and public  
            buildings. In fact, All Californians benefit by reducing the  
            amount of energy these facilities use, and promoting their  
            zero-net energy usage. 

           2)California Public Utilities Commission (PUC) programs for  
            solar on schools:   The PUC requires the investor-owned  
            utilities (IOUs), which serve about two-thirds of California's  
            electricity customers, to collect a public goods surcharge to  
            fund energy efficiency; renewable energy; and, research,  
            development, and demonstration programs from January 1, 2002,  
            January 1, 2012.  The surcharge is a nonbypassable element of  
            the local distribution service and is collected on the basis  
            of usage.

          The Renewable energy portion was separated into three  
            subaccounts: existing, new, and emerging energy technology  
            systems.  The accounts were administered by the CEC, and the  
            solar programs were funded at about $147 million per year from  








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            the "new" account.  In 2006, SB 1 created the CSI which  
            obviated the need for a duplicative and much smaller CEC  
            program.  The funds from the "new" account were transferred to  
            the PUC to compensate the utilities for above-market costs for  
            renewable energy contracts. 

          3)The CSI program available for solar on schools  :  The CSI  
            provides $3.3 billion over a 10-year period.  The goal of the  
            CSI is to facilitate a self-sustaining solar energy market by  
            encouraging private-sector installations and precluding the  
            utilities from dominating the funds. The CSI is available to  
            all customers, including schools and nonprofits. 

          All schools within the investor-owned utility territory are  
            eligible to apply for these funds.  The CSI directs the  
            municipal utilities to offer similar programs in their own  
            districts.

          The CSI provides performance based incentives that reward  
            systems that generate the most megawatts of power.  At least  
            50% of CSI rebate funds are expended on performance based  
            incentives.  AB 1027 seeks to encourage the greatest  number  of  
            installations, "while effectively generating electricity."  

          For solar panels to provide a quicker pay-back period, the CSI  
            provides for a "net-metering" allowance that permits an  
            installer to sell unused power back to the utility. The CSI  
            establishes a net-metering program whereby electric customers  
            receive credits to their monthly electricity bills for up to  
            12 months for producing and placing electricity on the grid  
            via solar PV.  Schools are provided a greater credit per  
            kilowatt hour to compensate the school for being ineligible  
            for the federal tax credits allowed for non-municipal solar  
            installers.

           4)The California Alternative Energy and Advanced Transportation  
            Financing Authority financial assistance for solar on schools:   
             Last year, State Treasurer Bill Lockyer sponsored SB 1754  
            (Kehoe) Chapter 543, Statutes of 2008, to enable the Financing  
            Authority to reduce the cost of building on-site renewable  
            energy through the use of prepayment bonds.  The State  
            Treasurer stated that he would like to substantially increase  
            the use of renewable energy by state agencies, as well as  
            public schools, through power purchase agreements (PPAs) and  
            prepayment bonds.  








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          PPAs can be used by public and private entities to finance the  
            construction of onsite renewable power generation.  Under a  
            typical PPA, a private third party finances the up-front costs  
            of building the renewable energy generation facility through a  
            loan provided by a bank.  The bank provides a loan to cover  
            the up-front financing for the project, and the energy company  
            will build and operate the renewable facility that provides  
            electricity to the building owner.  The building owner, in  
            turn, promises to make specified payments for that power for a  
            certain number of years which pays off the loan, as well as  
            creates a profit stream for the energy company.  

          Recently, schools have started using PPAs for the installation  
            of solar photovoltaic panels under the California Solar  
            Initiative.  The private third party can build the power  
            generation more economically than a public entity because it  
            can take advantage of federal tax credits, depreciation and  
            other incentives for businesses that don't extend to public  
            entities.

          By using bonds to finance the solar energy projects, the costs  
            of capital are cheaper than a loan from a private bank.  These  
            cost savings could lower the overall costs of a private  
            developer selling electricity to the school, which would  
            enable the school or public building to achieve a lower  
            monthly energy bill.  

           5)Other state benefits provided for solar on schools:    A school  
            with solar generation is eligible for net-metering.   
            Net-metering allows excess energy generated to be sold back to  
            the utility at the customer's retail rate, which is  
            substantially higher than the wholesale rate at which the  
            utility normally procures electricity.


           Analysis Prepared by  :    Gina Adams / U. & C. / (916) 319-2083 


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