BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 412 (Kehoe) Hearing Date: 05/28/2009 Amended: As introduced Proposed to be amended Consultant: Brendan McCarthy Policy Vote: EU&C 10-1 SB 412 (Kehoe) Page 2 _________________________________________________________________ ____ BILL SUMMARY: SB 412 extends the sunset of an existing program, the Self Generation Incentive Program, which provides incentives for fuel cell and wind distributed electricity generation facilities. The bill would extend the sunset for one year, to 2013. The bill also potentially expands the technologies that are eligible for incentives under the program and exempts certain residential electricity customers from paying the surcharge that supports the program. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund Regulatory oversight of the Up to $50 Up to $50 Special * program * Public Utilities Commission Utilities Reimbursement Account _________________________________________________________________ ____ STAFF COMMENTS: Suspense File. As proposed to be amended. Current law authorizes the California Public Utilities Commission to administer the Self-Generation Incentive Program through 2012. Under this program, incentives are provided to operators of fuel cell and wind distributed electricity generation facilities. Originally, this program provided incentives to a variety of renewable energy technologies as well as very efficient combined heat and power natural gas distributed generation facilities. Over time, the scope of the program has been narrowed, such that currently only fuel cells and wind technologies are eligible for incentives. The program is budgeted at $83 million per year, supported by electricity ratepayer funds. SB 412 would extend the sunset of the existing Self-Generation Incentive Program for an additional year, to 2013. Based on existing program size, this would result in costs to electricity ratepayers of $83 million in 2012. There would be increased costs to state agencies, based on their use of electricity generated by investor owned utilities. Currently, state agencies SB 412 (Kehoe) Page 2 make up 10-11% of investor owned utility electricity demand. Staff notes that in the past, certain state agencies participated in this program. To the extent that state agencies participate in the future, this could potentially reduce costs to state agencies. This bill would repeal the limitation on funding only fuel cells and wind technologies. Instead, the bill would allow the commission to determine eligible technologies for the program, provided that they support the state's goals for the reduction of greenhouse gas emissions under the California Global Warming Solutions Act of 2006 (AB 32, Nunez) and provided that combustion-powered technologies meet specified criteria relating to emissions of greenhouse gasses and other air pollutants. The bill would exempt all residential customers participating in the California Alternate Rates for Energy Program (certain low-income or fixed-income utility customers) from paying the surcharge that supports the program. The bill does not specify whether the size of the program will be reduced to accommodate this change or whether other utility customers would pay a larger surcharge to offset the reduced revenues. If the size of the program is not reduced, there would be a small shift in program costs to remaining ratepayers. As proposed to be amended by the author, the bill would allow the Public Utilities Commission to continue funding projects beyond 2012 using only the existing fund balance collected from ratepayers in previous years.