BILL ANALYSIS SB 412 Page 1 Date of Hearing: August 19, 2009 ASSEMBLY COMMITTEE ON APPROPRIATIONS Kevin De Leon, Chair SB 412 (Kehoe) - As Amended: August 17, 2009 Policy Committee: UtilitiesVote:13-0 Natural Resources 9-0 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill extends the time for the Public Utilities Commission (PUC) to allocate monies collected for the self-generation incentive program (SGIP) and authorizes the PUC to determine which technologies are eligible for SGIP incentives. Specifically, this bill: 1)Authorizes the collection of funds only until the current SGIP sunset date of January 1, 2012, but requires the PUC to administer the program until January 1, 2016, after which all unallocated funds are to be credited to ratepayers. 2)Caps annual collection of SGIP funds at the amount collected in 2008 ($83 million). 3)Repeals provisions limiting eligibility to fuel cell and wind technologies, and instead provides that eligibility is limited to technologies the PUC determines, in consultation with the Air Resources Board, support greenhouse gas emission reduction goals pursuant to AB 32. 4)Prohibits recovery of SGIP costs from customers participating in the California Alternate Rates for Energy (CARE) program-a utility discount for low-income customers. FISCAL EFFECT Continued annual costs for the PUC to disburse collected funds and administer the SGIP for up to four years beyond the current January 1, 2012 sunset date. The commission indicates that SB 412 Page 2 annual administrative costs are currently $125,000 for the equivalent of 1.25 positions. [Public Utilities Reimbursement Account] COMMENTS 1)Purpose . According to the author, this bill is intended to stimulate the installation of distributed generation (DG) as part of a broader effort to quickly increase the supply of electricity in California. Because current law specifies specific technologies eligible to receive SGIP assistance, the PUC cannot independently extend SGIP or expand the list of eligible resources without explicit legislative authority. This bill gives the PUC discretion to authorize subsidies for technologies it determines support the state's greenhouse gas (GHG) emission reduction goals. 2)Background . AB 970 (Ducheny)/Chapter 329 of 2000, required the PUC to initiate certain load control and DG program activities. In implementing that legislation, the PUC issued a decision to create the Self-Generation Incentive Program (SGIP) and funded the program through a rate increase of $125 million for the first four years. Generation technologies supported by the SGIP included photovoltaic (solar) systems, microturbines, fuel cells, small and large gas turbines, and wind turbines. The SGIP provides rebates for such systems sized up to 5 megawatts (MW). Incentives vary by technology and fuel type. AB 1685 (Leno)/Chapter 894 of 2003, extended the SGIP until January 1, 2008 and required that combustion-operated DG projects meet specific emissions targets in order to qualify for program rebates. AB 2778 (Lieber)/Chapter 617 of 2006, transferred the solar technologies from the SGIP to the PUC's California Solar Initiative and extended the SGIP sunset from January 2008 to January 2012, but only for fuel cell and wind DG technologies. The elimination of fossil fuel technologies from program eligibility was due in part to questions about the ratepayer and environmental value of subsidizing the large industrial customers for the installation of fossil-fuel generation. Since the program is designed with minimum size restrictions for eligible facilities and is primarily geared to business and large institutional customers, participation by SB 412 Page 3 residential customers is generally not practical. All energy ratepayers are subject to the SGIP surcharge, however, and residential customers contribute about 45% of SGIP funding. Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081