BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 412|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
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                                 THIRD READING


          Bill No:  SB 412
          Author:   Kehoe (D) et al
          Amended:  5/28/09
          Vote:     21

           
           SENATE ENERGY, U.&C. COMMITTEE  :  10-1, 4/21/09
          AYES:  Padilla, Calderon, Corbett, Cox, Kehoe, Lowenthal,  
            Simitian, Strickland, Wiggins, Wright
          NOES:  Benoit

           SENATE APPROPRIATIONS COMMITTEE  :  11-0, 5/28/09
          AYES:  Kehoe, Cox, Corbett, Denham, DeSaulnier, Hancock,  
            Leno, Oropeza, Runner, Wyland, Yee
          NO VOTE RECORDED:  Walters, Wolk


           SUBJECT  :    Electricity:  self-generation incentive program

           SOURCE  :     Author


           DIGEST  :    This bill requires the Public Utilities  
          Commission (PUC) to require the collection of funding for  
          the self-generation incentive program for nonsolar  
          distributed generation resources through December 31, 2011,  
          and requires the commission to extend the administration of  
          the program until all funds collected for the program have  
          been allocated as incentives.  The bill limits the  
          eligibility for incentives pursuant to the program to  
          distributed generation resources that the commission  
          determines will support the state's goals for the reduction  
          of emissions of greenhouse gases pursuant to the California  
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          Global Warming Solutions Act of 2006.  The bill requires  
          that combined heat and power units meet certain efficiency  
          and emissions requirements, including the greenhouse gases  
          emission performance standard, to receive incentives.  The  
          bill requires the PUC to ensure that distributed generation  
          resources are made available in the program for all  
          ratepayers.  The bill prohibits recovery of the costs of  
          the program from ratepayers that participate in the  
          California Alternative Rates for Energy (CARE) program.   
          The bill deletes the authorization for the PUC, in  
          administering the program, to include other ultraclean and  
          low-emission distributed generation technologies.

           ANALYSIS  :    Existing law requires the PUC to administer  
          the Self-Generation Incentive Program (SGIP) for fuel cells  
          and wind distributed generation technologies through 2012.

           Background
           
           SGIP History  .  During the 2000-01 energy crisis the PUC was  
          directed to create a program of incentives for renewable  
          and super clean, gas-fired distributed generation resources  
          to reduce electricity demand.  As a result, the PUC  
          established the SGIP in March 2001 which has offered  
          rebates for installation of technologies such as  
          photovoltaics, wind, fuel cells, waste gas, and ultra-clean  
          and low emission gas-fired distributed generation (combined  
          heat and power, CHP).  Legislation adopted in 2004  
          eliminated CHP from the program as of January 1, 2008.  In  
          2006 photovoltaic incentives were moved out of the SGIP to  
          the California Solar Initiative (CSI) effective January 1,  
          2007.  Beginning in 2008 only fuel cell and wind  
          technologies are eligible for incentives. 

          According to the PUC 270 MW of distributed generation was  
          complete and online by the end of 2007.  Note that this  
          includes photovoltaics that, as of 1/1/07 are out of the  
          SGIP and funded separately as part of the California Solar  
          Initiative (CSI).  Through 2007 installed capacity under  
          SGIP was: 

          Fossil fuel (CHP)             145.6 MW    (54%)
          Renewable fuel CHP         11.8 MW    ( 4%)
          Non-Renewable Fuel Cells    6.3 MW    ( 2%)

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          Renewable Fuel Cells                .8 MW    (>0%)
          Photovoltaic                   104.6 MW   (39%)
          Wind                               1.6 MW   (>0%)

           SGIP Funding  .  For 2009 SGIP will provide $83 million of  
          financial assistance for the installation of wind and fuel  
          cells.  Incentive payments are $1.50 per watt for wind  
          turbines, $4.50 for biogas fuel cells, and $2.50 for  
          natural gas.  The maximum size for eligible technologies is  
          5 MW in capacity; incentives are capped at 3 MW of  
          installed capacity for fuel cells and wind turbines. 

          The program is funded by a charge on all ratepayers which  
          is reflected in the distribution charges paid in each  
          billing.  The PUC reports that the average monthly electric  
          bill impact for the SGIP is:  

                                 PG&E             SCE       SDG&E
              ------------------------------------------------------- 
             |Residentia|  $     0.25  |   $   0.16   |  $     0.36  |
             |l         |              |              |              |
             |----------+--------------+--------------+--------------|
             |Commercial|  $     0.72  |   $   0.46   |  $     1.03  |
             |          |              |              |              |
             |----------+--------------+--------------+--------------|
             |Industrial|   $ 106.38   |   $ 64.94    |$             |
             |          |              |              |142.19        |
             |          |              |              |              |
              ------------------------------------------------------- 

          The average monthly gas bill impact for the SGIP is:

                                 PG&E             SGE       SDG&E
              ------------------------------------------------------- 
             |Residentia| $      0.14  |    $ 0.17    |    $ 0.27    |
             |l         |              |              |              |
             |----------+--------------+--------------+--------------|
             |Commercial| $      1.05  |    $ 1.35    |    $ 3.04    |
             |          |              |              |              |
             |----------+--------------+--------------+--------------|
             |Industrial|  $  211.32   |    $ 2.79    |$             |
             |          |              |              |3.04          |
             |          |              |              |              |
              ------------------------------------------------------- 

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

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions                2009-10     2010-11     
           2011-12   Fund  
          Regulatory oversight of                           Up to  
          $50Up to $50                            Special *
             the program

          * Public Utilities Commission Utilities Reimbursement  
          Account

           SUPPORT  :   (Verified  5/29/09)

          BluePoint Energy LLC
          California Baptist University
          California Clean DG Coalition
          California Manufacturers and Technology Association
          Capstone Turbine Corporation
          Caterpillar California Counsel
          DE Solutions, Inc.
          Engine Manufacturers Association
          EPS Corp.
          Hawthorne Machinery Co.
          Holt of California
          Industrial Environmental Association
          Nong Shim Foods, Inc.
          Northstar Power
          Onsite Energy Company
          Pierce College
          QUALCOMM
          Quinn Power Systems
          SDP Energy
          Sempra Energy
          SMUD
          Water and Energy Management Co. Inc.

           OPPOSITION  :    (Verified  5/29/09)


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          The Utility Reform Network

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          "As originally structured the PUC had the broad authority  
          to establish a program for "renewable distributed  
          generation resources."  The author is proposing to return  
          this authority to the PUC and eliminate specific  
          technologies and permit the inclusion of any technologies  
          that meet the state's GHG goals.  This would be new  
          criteria for the program which was designed during the  
          energy crisis to bring as much new generation to the grid  
          as soon as possible.  The author opines that the  
          legislature should set broad energy and environmental goals  
          but place the selection of individual technologies in a  
          forum where a thorough analysis can be done for technical  
          viability, commercial readiness, cost and environmental  
          impacts, and overall value for distributed generation  
          incentives."

           ARGUMENTS IN OPPOSITION  :    The Utility Reform Network  
          (TURN) writes in opposition to this bill expressing concern  
          that the SGIP primarily benefits commercial and industrial  
          customers since the technologies available under the  
          program are generally not used in a residential setting.   
          In response the author has directed the PUC to ensure that  
          technologies are made available in the program for all  
          ratepayers but TURN still argues that "the funding for the  
          SGIP program should be collected in direct proportion from  
          the customer classes that utilize the incentives" which the  
          PUC does not do for any other ratepayer program.  All  
          surcharges are assessed across the board regardless of  
          direct benefit to the ratepayer class.  For example, large  
          business is assessed to support low-income residential  
          ratepayers and the CSI program yet they receive little or  
          no direct benefit.  It would be a slippery slope to start  
          carving out surcharges based on direct benefit.  PUC  
          programs are generally thought to have a broader, indirect  
          benefit for all ratepayers which warrant charges across all  
          rate classes.  
           

          DLW:nl  5/29/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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