BILL ANALYSIS                                                                                                                                                                                                    Ó          1





                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                 ALEX PADILLA, CHAIR
          

          AB 415 -  Garcia                                  Hearing Date:   
          June 18, 2013              A
          As Amended:         April 24, 2013           FISCAL       B
                                                                        
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                                      DESCRIPTION
           
           Current law  states that to be eligible for gas customer-funded  
          incentive rebate, solar water heaters and solar collectors must  
          at minimum have an SRCC OG-300 or SRCC OG-100 certification,  
          respectively. The building using the system must be connected to  
          a natural gas utility's distribution system within the state.  
          The system must also be warrantied for 10 years, and have a  
          device to measure system performance and energy generated or  
          displaced. (PUC §2864) 

           This bill modifies the eligibility criteria to require that the  
          solar water heating systems must be certified by an accredited  
          listing agency according to pre-established standards from Solar  
          Rating & Certification Corporation (SRCC), International  
          Organization on Standardization (ISO) or American Society of  
          Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE).  
          The bill also permits the adoption of future standards for the  
          CSI-Thermal program.   

                                      BACKGROUND
           
          The Solar Water Heating and Efficiency Act of 2007 (AB 1470)  
          directed the California Public Utilities Commission (CPUC) to  
          establish a program to promote the installation of 200,000 solar  
          water heating systems in homes and businesses by 2017. The  
          program is funded through a surcharge on gas customers and is  
          limited to $250 million in funding over the 10 years of the  
          program. The surcharge funds rebates for installing solar water  
          heating systems, but those systems must first be certified that  
          they meet certain performance requirements. The act originally  
          called for certification through the SRCC. The California Solar  











          Initiative (CSI) Thermal program administrators are Pacific Gas  
          & Electric, Southern California Edison, Southern California Gas,  
          and the California Center for Sustainable Energy.  

          The SRCC is a non-profit organization providing performance  
          standards and certifications for solar thermal products.  
          Certification of solar water heating collectors and systems  
          involves evaluating and comparing the equipment to established  
          standards. The SRCC OG-100 and OG-300 standards included  
          provisions addressing the internal administration of the  
          certification program. Therefore, any entity that acted in  
          accordance with those standards and certified a product would  
          have that certification accepted by the CSI Thermal program  
          administrators. The SRCC standards have recently been updated,  
          and the OG-100 and OG-300 standards are obsolete.

          The new SRCC Standard 300 and Standard 100 define standards  
          including system design, reliability and durability, safety,  
          operation and servicing, installation, and documentation for  
          solar water heating systems, and solar collectors, respectively.  
          The new standards do not include provisions of administering the  
          certification. This effectively establishes the SRCC as the only  
          entity qualified to issue a certification. Other organizations  
          that produce standards or certify equipment for solar collectors  
          are the ISO and the ASHRAE. 

          In response to a petition by EchoFirst, Inc., the CPUC found  
          that the International Association of Plumbing and Mechanical  
          Officials (IAPMO) is qualified to certify solar water heating  
          systems according to SRCC standards.<1> In the same decision,  
          the CPUC established a process by which other entities that are  
          accredited by the American National Standards Institute could  
          also be approved to certify solar water heating equipment. Other  
          CSI Thermal program participants who want acceptance of SRCC  
          certifications rendered by entities other than SRCC and IAPMO  
          may submit a letter to the CSI Thermal program administrators  
          requesting that the entities be accepted. 

                                       COMMENTS
           
              1.   Author's Intent  . The author intends to enable an open  
               and competitive market for certification services by  
               updating statute to be consistent with current policies at  

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          <1> CPUC D.11-11-004









               the CPUC.  

             2.   Comparison to Similar Programs  . The US Environmental  
               Protection Agency administers the Energy Star program that  
               certifies energy efficient products. In order to earn the  
               label, Energy Star products must be third party certified  
               based on testing in EPA-recognized laboratories. In  
               addition to up-front testing, a percentage of all Energy  
               Star products are subject to "off-the-shelf" verification  
               testing each year. The goal of this testing is to ensure  
               that changes or variations in the manufacturing process do  
               not undermine a product's qualification with Energy Star  
               requirements.  

                This bill proposes that the certification of solar water  
               heating collectors and systems follow a similar process.  
               The certification is performed by independent third party  
               laboratories that test the products and compare them to  
               published standards. The bill ensures that the laboratories  
               are qualified to perform the testing by specifying that  
               they should be accredited listing agencies. The bill does  
               not specify the agency that performs the accreditation of  
               the testing laboratories. However, this is specified in the  
               CPUC decision as the American National Standards Institute.
                
              3.   Future Considerations  . The standards specified in the  
               bill may not cover new equipment that is developed in the  
               future. This bill also allows for future standards to be  
               adopted as long as those standards are developed by an  
               accredited entity.   

             4.   Codified Standards  . Given that the initial problem  
               specified by the author is that the standards specified in  
               the code section became obsolete and established an  
               effective monopoly after being revised, it may be a prudent  
               solution to strike mention of specific standards in the  
               code section. In order to avoid a similar situation in the  
               future, the code could simply provide the CPUC the  
               authority to ratify a set of standards and the authority to  
               adopt new standards as is appropriate for the success of  
               the CSI Thermal program.  

                The author may wish to consider amendments that strike the  
               specified standards and maintain the requirement that the  










               solar water heating systems be certified by an accredited  
               listing agency in accordance with standards developed by an  
               accredited standard developer and adopted by the  
               commission.

                                    ASSEMBLY VOTES
           
          Assembly Floor                     (74-0)
          Assembly Appropriations Committee  (17-0)
          Assembly Utilities and Commerce Committee                       
          (14-0)
          Assembly Rules Committee           (11-0)

                                       POSITIONS
           
           Sponsor:
           
          California Solar Energy Industries Association

           Support:
           
          Aquatherm Industries, Inc.
          Aztec Solar Inc.
          International Association of Plumbing and Mechanical Officials
          Solar Energy Industries Association

           Oppose:
           
          None on file.

          









          Kyle Hiner 
          AB 415 Analysis
          Hearing Date:  June 18, 2013