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  








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          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  








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            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