BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 585| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED SB 585 Page 2 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 CONTINUED SB 585 Page 3 $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. CONTINUED SB 585 Page 4 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 CONTINUED SB 585 Page 5 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 CONTINUED SB 585 Page 6 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 CONTINUED SB 585 Page 7 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 **** END **** CONTINUED