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