BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 43
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          SENATE THIRD READING
          SB 43 (Wolk)
          As Amended  September 3, 2013
          Majority vote 

           SENATE VOTE  :27-9  
           
           UTILITIES & COMMERCE             11-1                
          APPROPRIATIONS               13-1
           
           ----------------------------------------------------------------- 
          |Ayes:|Bradford, Bonilla,        |Ayes:|Gatto, Bocanegra,         |
          |     |Buchanan, Fong, Garcia,   |     |Bradford,                 |
          |     |Gorell, Roger Hernández,  |     |Ian Calderon, Campos,     |
          |     |Quirk, Rendon, Skinner,   |     |Eggman, Gomez, Hall,      |
          |     |Williams                  |     |Holden, Linder, Pan,      |
          |     |                          |     |Quirk, Weber              |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Patterson                 |Nays:|Donnelly                  |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Establishes, until January 1, 2019, a Green Tariff  
          Shared Renewables Program (Program) to allow investor-owned  
          utilities (IOUs) to administer a program that allows utility  
          customers to voluntarily purchase electricity from renewable  
          energy facilities. Specifically,  this bill  :   

          a)Establishes a 600 Megawatt (MW) pilot program until July 1,  
            2016, for a Green Tariff Shared Renewables Program to allow  
            customers of IOUs to purchase electricity from renewable  
            energy facilities and specifies program implementation  
            requirements with respect to valuing bill credits and how the  
            renewable attributes are counted in the State's Renewable  
            Portfolio Standard program.

          b)Allocates 100 MWs to residential customers and 100 MWs for one  
            MW facilities located in the disadvantaged communities.

          c)Allocates 20 MWs to the City of Davis.

          d)Requires that the cost of the program be paid by the program  
            participants and establishes transparency requirements for  
            expenditures and revenues.








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          e)Specifies that costs for this program shall not be paid by  
            non-participating ratepayers.

          f)Specifies that IOU shareholders are not required to pay for  
            costs associated with this program.

          g)Specifies that Community Choice Aggregators may voluntarily  
            offer a similar program.

          h)Sunsets the provisions of this bill on January 1, 2019.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, increased costs to the Public Utilities Commission  
          (PUC) of approximately $250,000 from the Public Utilities  
          Reimbursement Account (special fund) to implement and evaluate  
          the program.


           COMMENTS  :   

           1)Author's statement  . "While rooftop solar is a strong and  
            growing business in California, at least 75% of households  
            cannot participate because they are renters and don't own  
            their roofs, they do not have strong enough credit, or their  
            roof is too small or doesn't receive enough sunlight. The same  
            is true of most businesses, 70% of whom rent or lease their  
            facilities. Despite their inability to utilize renewable  
            energy, these utility customers continue to pay into solar and  
            renewable programs that fail to benefit them. Additionally,  
            programs (Multi-family Affordable Solar Housing (MASH),  
            Single-family Affordable Solar Homes (SASH), Solar Share,  
            etc.) designed to benefit low-income or rental utility  
            customers by providing them the opportunity to utilize  
            renewable energy either have no room for new participants or  
            fail to provide consumers with access to affordable renewable  
            energy.

            "Moreover, programs set up to offer schools and local  
            governments an avenue to invest in off-site renewable energy  
            have proven uneconomical, with too many barriers preventing  
            projects from penciling out. SB 43 will allow all California  
            households and businesses the ability to voluntarily buy up to  
            100% renewable power from a shared facility in their utility's  








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            territory and receive a credit on their current utility bill.  
            SB 43 is not limited to solar but rather applies to any new  
            renewable facility up to 20MW in size.

            "SB 43 establishes a pilot program that allows community  
            renewable energy facilities to sign agreements with utility  
            customers to sell them renewable energy, without shifting the  
            cost to customers who choose not to participate and without  
            spending state money. The pilot program will be capped at  
            500MW of generation."

           2)Similar programs pending approval at PUC  .  Two utilities have  
            filed applications for approval of similar programs at the  
            PUC: 

              a)   In January 2012 San Diego Gas and Electric (SDG&E)  
               applied to PUC for approval to administer a community  
               renewables program.  This application is pending at PUC.  

              b)   In April 2012, Pacific Gas and Electric (PG&E) applied  
               to PUC for approval to administer a Green Tariff Program.   
               In April 2013, Sierra Club California, the National Asian  
               American Coalition, the Coalition Of California Utility  
               Employees, PG&E Company, the Black Economic Council, the  
               Latino Business Chamber of Greater L.A., the California  
               Clean Energy Committee, and The Utility Reform Network  
               (TURN) reached a settlement on the PG&E application.  The  
               settlement would provide for a 250 MW program that would  
               procure power from new renewable facilities and provide  
               100% renewable power to customers who voluntarily elect to  
               participate.  The amounts paid by the customers would be  
               the actual cost of the new renewable generation. Customers  
               who do not elect to participate would pay no costs for this  
               program.  
           
           1)Related legislation  .  

              a)   SB 383 (Wolk) of 2011 was amended to address a subject  
               unrelated to community renewables.

             b)   SB 843 (Wolk) of 2012 died in the Assembly.

             c)   AB 1014 (Williams) of 2013 was held in the Senate Rules  
               Committee.








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             d)   AB 1295 (Roger Hernández) of 2013is pending the in  
               Senate Energy, Utilities, and Communications Committee.


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


                                                                FN: 0002247