BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 585|
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                              UNFINISHED BUSINESS


          Bill No:  SB 585
          Author:   Kehoe (D)
          Amended:  8/18/11
          Vote:     27 - Urgency

           
           SENATE ENERGY, UTIL. & COMM. COMMITTEE : 10-1, 4/05/11
          AYES: Padilla, Fuller, Berryhill, Corbett, De León, 
          DeSaulnier, Pavley, Rubio, Simitian, Strickland
          NOES: Wright

           SENATE APPROPRIATIONS COMMITTEE  :  6-2, 5/26/11
          AYES:  Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
          NOES:  Walters, Runner
          NO VOTE RECORDED:  Emmerson

           SENATE FLOOR  :  28-11, 6/2/11
          AYES:  Alquist, Berryhill, Calderon, Cannella, Corbett, De 
            León, DeSaulnier, Evans, Fuller, Hancock, Harman, 
            Hernandez, Kehoe, Leno, Lieu, Liu, Lowenthal, Negrete 
            McLeod, Padilla, Pavley, Price, Rubio, Simitian, 
            Steinberg, Strickland, Vargas, Wolk, Yee
          NOES:  Anderson, Blakeslee, Correa, Dutton, Emmerson, 
            Gaines, Huff, La Malfa, Walters, Wright, Wyland
          NO VOTE RECORDED:  Runner

           ASSEMBLY FLOOR  :  55-19, 8/25/11 - See last page for vote


           SUBJECT  :    Energy:  solar energy systems:  funding

           SOURCE  :     California Solar Energy Industry Association
                      Solar Alliance
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           DIGEST  :   This bill allows the Public Utilities Commission 
          to authorize investor owned utilities to continue to 
          collect funds from ratepayers so that a funding shortfall 
          within the California Solar Initiative can be addressed. 

           Assembly Amendments  (1) clarify that accrued interest shall 
          be expended prior to collecting additional ratepayer funds, 
          (2) increases the cost limit to $3,550,800,000 and make a 
          corresponding increase in the monetary limit imposed on 
          programs funded by charges collected from customers of the 
          state's three largest electrical corporations, (3) increase 
          the total cost of programs under the supervision of the 
          Public Utilities Commission (PUC) from $2,166,800,000 to 
          $2,366,800,000, (4) require the PUC, within 90 days of the 
          enactment of the bill, to establish and impose project cost 
          caps for residential and nonresidential projects under the 
          California Solar Initiative, based on national and state 
          installed cost data, and (5) require the PUC, before 
          collecting additional ratepayer funds to fund certain 
          program shortfalls.

           ANALYSIS  :   

           Existing law  

          1.Establishes the CSI, a $3.3 billion program which 
            provides incentives for the installation of solar 
            photovoltaic (PV) systems for customers of the state's 
            investor-owned utilities (IOUs) and publicly owned 
            utilities (POUs).

          2.Requires the PUC, in implementing the CSI, to adopt 
            incentive payments that decline not less than an average 
            of 7% per year which shall be zero as of December 31, 
            2016 and to adopt performance-based incentives (e.g. 
            payments based on the amount of electricity produced) all 
            PV systems over 100 kilowatts (kW) and for half of all 
            systems over 30 kW.
           
           This bill:
           
           1. Increases the total cost of the CSI program from 

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             $3,350,800,000 to $3,550,800,000.

          2. Increases collections from IOU customers by up to $200 
             million in order to increase the funding limit for the 
             CSI by a like amount. 

          3. Clarifies that accrued interest shall be expended prior 
             to collecting additional ratepayer funds. 

          4. Directs the PUC to first allocate interest accumulated 
             from collections from IOU customers for CSI program in 
             order to fund specified shortfalls in the nonresidential 
             portion of the program, and to address the remainder of 
             the shortfall using funds collected per #1 above. 

          5. Establishes a discount rate of four percent for CSI 
             projects receiving performance-based incentives. 

          6. Requires PUC, within 90 days of enactment, to impose 
             cost caps on residential and non-residential projects 
             under CSI, using national and state installed costs. 

           Background 

          California Solar Initiative (CSI)  

          Effective in 2007, the CSI calls for the installation of 
          3,000 megawatts (MW) of new, solar-produced electricity by 
          2016. Targeted expenditures under the CSI, funded by 
          ratepayers, are $3.3 billion over ten years, distributed 
          among three distinct program components:

          1.IOUs - $2.167 million/1940 MW for existing residential 
            homes, as well as existing and new commercial, 
            industrial, government, non-profit, and agricultural 
            properties; 

          2.New Solar Homes Partnership, $400 million/360 MW, 
            administered by the California Energy Commission and 
            funded by the Public Goods Charge for new residential 
            homes; and 

          3.POUs $784 million/700 MW.


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          In July 2010, the PUC reported that "three years into the 
          state's 10-year solar program, California is already 42 
          percent of the way towards its general market program goal 
          in the territories of the IOUs. This figure included both 
          projects already installed and those holding reservations 
          for incentives and in the process of being installed. As of 
          last summer, California had over 600 MW of solar connected 
          to the electric grid at nearly 65,000 customer sites. Of 
          the 598 MW of capacity installed in investor-owned utility 
          territories, 342 MW were installed under the CSI Program at 
          31,000 sites, as well as 256 MW installed through other 
          programs."  


          Comments

           According to the author's office, funding for 
          non-residential incentives in the CSI's 10-tier'd, 
          performance based declining incentive program, is exhausted 
          in two IOU service territories - PG&E & SDG&E.  At the 
          eighth tier incentives make up about 5% of the total costs 
          for non-residential solar installation.  SB 585 is needed 
          to ensure that the goals of the program are met and seeks 
          to provide a means to identify additional funding for that 
          purpose.   
           
           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

             Major Provisions                2011-12     2012-13    
             2013-14   Fund  

            Program oversight             Absorbable within existing 
            resources                     Special*

            Increased electricity         $2,400 over the next 
            several years       Various
            costs to state agencies

            Incentive payments            Unknown revenues    Various 

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            to state agencies

            * Public Utilities Commission Utilities Reimbursement 
            Account 

           SUPPORT  :   (Verified  8/25/11)

          California Solar Energy Industry Association (co-source)
          Solar Alliance (co-source)
          AEE Solar, Inc.
          Applied Metals
          California Association of School Business Officials
          Clean Tech San Diego
          Clean Water Action
          Clovis Unified School District
          Coalition for Adequate School Housing
          Fowler Unified School District
          Kings Canyon Unified School District
          KyotoUSA
          Mainstream Energy Corp.
          REC Solar, Inc.
          Public Utilities Commission San Diego Gas and Electric (if 
          amended)
          School Innovations & Advocacy
          Sharp Solar Electricity
          Silicon Valley Leadership Group
          SolarCity
          Solaria Corporation
          SPG Solar Inc.
          TerraVerde Renewable Partners
          The Vote Solar Initiative

           OPPOSITION  :    (Verified  8/25/11)

          California Chamber of Commerce
          The Utility Reform Network (unless amended)

           ARGUMENTS IN SUPPORT  :    The Silicon Valley Leadership 
          Group states they support this bill "which authorizes the 
          extension of collection of ratepayer funding for a 
          shortfall in funding to private and public sector solar 
          projects as part of the California Solar Initiative. ? The 
          California Solar Initiative has funded nearly 80,000 solar 

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          projects making California the leading state for solar 
          installations across the country.  CSI has led to 
          employment, business growth, and has helped to reduce the 
          cost of solar energy systems from $10/W in 2007 to $8.56/W 
          in December 2010 for systems under 10kW.  Addressing the 
          shortfall in funding for private and public sector projects 
          will help to continue the success of this program."

          The PUC states this bill "allows the PUC to fully fund the 
          CSI program's budget shortfall.  The CSI program is very 
          popular, and is helping to create a strong solar industry 
          in California.  The CSI program is a key component in the 
          State's ability to achieve reduced greenhouse gas emissions 
          through the use of clean, distributed technology.  The 
          proposed bill is a reasonable effort to increase funding 
          for this worthwhile effort.  The bill will allow the 
          State's ratepayers to reap the benefits of the most 
          cost-effective phase of the program where they will 
          stimulate the most MWs of solar installations for the least 
          incentive payment."

          The Clean Water Action states "SB 585 is critical to the 
          growth of renewable energy in California.  In light of the 
          pending commitment to achieve a 30% renewable portfolio, 
          passage of SB 585 will be critical to help meet that 
          requirement.  This is the time to further diversify the 
          sources and location of energy in order to build a safe and 
          sustainable system.  California must reduce dependence on 
          energy sources that threaten oceans with oil spills, 
          require enormous amounts of water for cooling or put our 
          citizens at risk of radiation exposure."

           ARGUMENTS IN OPPOSITION  :    The California Chamber of 
          Commerce states, "SB 585 seeks to increase the funding for 
          the CSI program by $200,000,000 to compensate for budget 
          shortfalls.  Extending this tax on ratepayers could be 
          harmful for businesses and industries that use large 
          amounts of electricity and that may not benefit from the 
          programs that the tax would finance.  While there may be 
          debate as to whether or not the CSI is a tax, this 'charge' 
          on electricity ratepayers subsidizes one specific group and 
          does not come back to all who pay into it.  We are not 
          commenting on CSI and the project it funds, however we need 
          to evaluate the priorities of the state's spending.  At a 

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          time when the state significantly reduced funding to 
          courts, reduced support for its higher education system and 
          with the prospect of further reductions to education if tax 
          revenues do not materialize, it is inappropriate to 
          consider programs that continue a tax without it being 
          prioritized within the state's comprehensive spending plan. 
           Moreover, SB 585 will result in higher electricity charges 
          when we should be looking at ever possible cost reduction 
          on business that could result in hiring more employees."


           ASSEMBLY FLOOR  : 55-19, 8/25/11
          AYES:  Alejo, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bradford, Brownley, 
            Buchanan, Butler, Charles Calderon, Campos, Carter, 
            Cedillo, Chesbro, Davis, Dickinson, Eng, Feuer, Fletcher, 
            Fong, Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall, 
            Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, 
            Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, 
            Nestande, Pan, Perea, V. Manuel Pérez, Portantino, 
            Skinner, Smyth, Solorio, Swanson, Torres, Wieckowski, 
            Williams, Yamada, John A. Pérez
          NOES:  Conway, Donnelly, Beth Gaines, Garrick, Grove, 
            Hagman, Halderman, Harkey, Jeffries, Jones, Knight, 
            Logue, Mansoor, Miller, Morrell, Nielsen, Norby, Silva, 
            Wagner
          NO VOTE RECORDED:  Achadjian, Bonilla, Cook, Gorell, Olsen, 
            Valadao


          RM:mw  8/26/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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