BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 412|
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                              UNFINISHED BUSINESS


          Bill No:  SB 412
          Author:   Kehoe (D) et al
          Amended:  9/1/09
          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

           SENATE FLOOR  :  37-0, 6/1/09
          AYES:  Aanestad, Alquist, Ashburn, Benoit, Calderon,  
            Cedillo, Cogdill, Corbett, Correa, Cox, Denham,  
            DeSaulnier, Ducheny, Dutton, Florez, Hancock, Harman,  
            Hollingsworth, Huff, Kehoe, Leno, Liu, Lowenthal,  
            Maldonado, Oropeza, Padilla, Pavley, Romero, Runner,  
            Simitian, Steinberg, Strickland, Wiggins, Wolk, Wright,  
            Wyland, Yee
          NO VOTE RECORDED:  Negrete McLeod, Walters, Vacancy

           ASSEMBLY FLOOR  :  71-3, 9/3/09 - See last page for vote


           SUBJECT  :    Electricity:  self-generation incentive program

           SOURCE  :     Author

                                                           CONTINUED





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           DIGEST  :    This bill extends the sunset date of the  
          Self-Generation Incentive Program (SGIP) through January 1,  
          2016, restricts the amount the California Public Utilities  
          Commission (PUC) can direct the utilities to collect, and  
          expands the eligible resources to include all  
          self-generation technologies PUC determines will support  
          the state's goals for the reduction of emissions of  
          greenhouse gases, that meet specified efficiency standards.  


           Assembly Amendments  allow the PUC to authorize the annual  
          collection of not more than the amount authorized for the  
          SGIP in the 2008 calendar year, through December 31, 2011,  
          rather than requiring the PUC to collect funding, as it  
          left the Senate.  Amendments also extended the SGIP to  
          January 1, 2016 and required the PUC to provide repayment  
          of all unexpended funds collected to reduce ratepayer  
          costs.

           ANALYSIS  :    Existing law requires the PUC to administer  
          the 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 with the passage  
          of AB 2778 (Lieber).

          According to the PUC 270 MW of distributed generation was  
          complete and online by the end of 2007.  Note that this  







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          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%)
          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         |              |              |              |







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             |----------+--------------+--------------+--------------|
             |Commercial| $      1.05  |    $ 1.35    |    $ 3.04    |
             |          |              |              |              |
             |----------+--------------+--------------+--------------|
             |Industrial|  $  211.32   |    $ 2.79    |$             |
             |          |              |              |3.04          |
             |          |              |              |              |
              ------------------------------------------------------- 

           Prior Legislation  

          In 2007, AB 1064 (Lieber) was introduced with similar  
          provisions to extend fossil-fuel technologies through 2012.  
           AB 1064 was ultimately held in the Senate Energy and  
          Communications committee. 

          Last year, SB 1012 (Kehoe) was substantially similar to  
          this bill except that it extended the SGIP through 2012.   
          SB 1012 failed passage in the Assembly. 

          The Legislature has been cautious about expanding eligible  
          technologies until they are satisfied that the program  
          renders cost-effective benefits. When the program was in  
          its infancy, the Legislature required PUC to report on the  
          cost-effectiveness of SGIP.  In September 2005, PUC issued  
          SGIP Preliminary Cost Effectiveness Evaluation Report which  
          measures the costs and benefits of SGIP during 2004.  The  
          Report concluded that SGIP is cost-effective for  
          participants only (owners and operators of the generation  
          facilities. 

          AB 2778 required CEC, in consultation with PUC and ARB, to  
          perform a cost-benefit evaluation of providing ratepayer  
          funded subsidies to natural gas and fossil-fuel fired DG  
          through SGIP, and to include recommendations for certain  
          program changes by November 1, 2008. This report concluded  
          that photovoltaics rendered the greatest greenhouse gas  
          reductions. It also concludes that, "The Energy Commission  
          believes that ultra-clean and low-emission DG technologies  
          using non-renewable and renewable fuels should be  
          reinstated, especially those technologies used in CHP  
          applications."  In addition, CEC states, "Eligibility for  
          SGIP should be based on the overall efficiency and  
          performance of systems, regardless of fuel type." To follow  







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          up with the recommendation, it concludes with, "CPUC should  
          develop an incentive structure for SGIP projects that meet  
          specific targets for environmental, transmission and  
          distribution, and economic benefits." 

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

          Continued annual costs for PUC to disburse collected funds  
          and administer the SGIP for up to four years beyond the  
          current January 1, 2012 sunset date.  PUC indicates that  
          annual administrative costs are currently $125,000 for the  
          equivalent of 1.25 positions. (Public Utilities  
          Reimbursement Account)

           SUPPORT  :   (Verified  9/4/09)

          Blue Point Energy LLC.
          California Baptists University
          California Clean DG Coalition
          California Manufacturers & Technology Association
          California Pipe Trades Council 
          Capstone
          Caterpillar California Counsel
          DE Solutions
          Engine Manufacturers Association
          EPS Corp
          Hawthorne Machinery Co. 
          HOLT of California 
          Industrial Environmental Association
          Nong Shim Food, Inc.
          Northstar Power
          Onsite Energy
          Pierce College
          QUALCOMM
          Quinn Power Systems
          Regatta Solutions
          SDP Energy
          Sempra Energy
          SMUD
          Solar Turbine
          Water and Energy Management Co. Inc.









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           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  :    

           ASSEMBLY FLOOR :  
          AYES: Adams, Ammiano, Arambula, Beall, Bill Berryhill, Tom  
            Berryhill, Blakeslee, Block, Blumenfield, Brownley,  
            Buchanan, Caballero, Charles Calderon, Carter, Chesbro,  
            Conway, Cook, Coto, De La Torre, De Leon, Emmerson, Eng,  
            Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani,  
            Gaines, Galgiani, Garrick, Gilmore, Hall, Hayashi,  
            Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,  
            Krekorian, Lieu, Bonnie Lowenthal, Ma, Mendoza, Miller,  
            Monning, Nava, Nestande, Nielsen, John A. Perez, V.  
            Manuel Perez, Portantino, Ruskin, Salas, Saldana, Silva,  
            Skinner, Smyth, Solorio, Audra Strickland, Swanson,  
            Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass
          NOES: Anderson, Logue, Niello
          NO VOTE RECORDED: Davis, DeVore, Duvall, Hagman, Harkey,  
            Vacancy


          DLW:nl  9/4/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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