BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1332
                                                                  Page  1

          Date of Hearing:   June 18, 2012

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                               Steven Bradford, Chair
                 SB 1332 (Negrete-McLeod) - As Amended:  June 7, 2012

           SENATE VOTE  :   21-12
           
          SUBJECT  :   Renewable Energy Resources: electric utilities

           SUMMARY  :   SB 1332 modifies current law with regard to Feed in 
          Tariffs (FIT) contracts offered by publicly owned utilities. 
          Specifically,  this bill  :   

          1)Establishes that publicly owned utilities shall implement 
            their FIT program by no later than July 1, 2013.

          2)Modifies the calculation of the tariff to remove 'avoided 
            cost.'

           EXISTING LAW  :

          1)Existing law requires all investor-owned utilities (IOUs) and 
            publicly-owned utilities (POUs) that serve more than 75,000 
            retail customers to develop a standard contract or FIT 
            available for renewable energy facilities up to three 
            megawatts (MWs).  Statewide participation is capped at 750 
            MWs. (399.20 and 399.23 Public Utilities Code)

          2)Existing law requires the FIT contract price for IOUs to 
            include all current and anticipated environmental compliance 
            costs, including but not limited to, mitigation of emissions 
            of greenhouse gases and air pollution offsets associated with 
            the operation of new generating facilities in the local air 
            pollution control or air quality management district where the 
            electric generation facility is located. (399.23 Public 
            Utilities Code)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  .  To date only four of the nine POUs have 
            implemented the FIT required by current law.  Without a clear 
            timeframe for program implementation POUs may continue to 








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            delay program development. 

            Further, of the three POUs that have implemented program, 
            participation has varied widely.  The Sacramento Municipal 
            Utility District implemented their FIT in a manner that fully 
            subscribed their program on the day it became available. 
            However, Anaheim and riverside has yet to attract developer 
            interest.  This is likely due to the fact that the original 
            bill, SB 32 (Negrete McLeod, 2009) did not provide sufficient 
            direction in what should be consider when developing the rate 
            to be paid under the FIT contracts.

           2)What is a Feed-in-Tariff  ?  A FIT should be a simplified 
            contracting mechanism for small renewable generators to sell 
            power to a utility at predefined terms and conditions, without 
            contract negotiations.  For the IOUs, the FIT operates as a 
            "must-take" contract in its portfolio.  If the participant 
            generates the power, the IOU must take it and pay for 
            generation from the facility according to the terms of the FIT 
            contract.

          3)Small renewable generator FITs are available in the 
            territories of the three largest IOUs and provide a 10, 15, or 
            20-year fixed-price, non-negotiable contract for systems sized 
            up to 1.5 MW.   The California Public Utilities Commission 
            (PUC) has a rulemaking open to implement the terms of SB 32 
            (Negrete McLeod, 2009) and expand the IOU FIT to 3 MWs.  The 
            total program allocation between the three IOUs, is 
            approximately 500 MWs.

           4)Applicable POUs.    Existing law requires that only the largest 
            POUs adopt a FIT and specifies that those serving a population 
            of 75,000 customers or more make a FIT available to renewable 
            developers in those territories.  The affected POUs are: 
            Anaheim, Glendale, Imperial, Los Angeles, Modesto, Riverside, 
            Turlock, and Sacramento.  The total program allocation between 
            the nine POUs is approximately 250 MWs.


           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Imperial Irrigation District (if amended)
          LA Business Council








                                                                  SB 1332
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          Sierra Club California
          Solar Developers Council
          Union of Concerned Scientists
           
            Opposition 
           
          None on file.

           Analysis Prepared by  :    Susan Kateley / U. & C. / (916) 
          319-2083