BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 412| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED SB 412 Page 2 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%) CONTINUED SB 412 Page 3 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 | | | | | | ------------------------------------------------------- CONTINUED SB 412 Page 4 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) CONTINUED SB 412 Page 5 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 CONTINUED SB 412 Page 6 **** END **** CONTINUED