BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 43| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 43 Author: Wolk (D), et al. Amended: 9/6/13 Vote: 21 SENATE ENERGY, UTILITIES & COMMUNIC. COMM. : 6-4, 4/30/13 AYES: Corbett, De León, DeSaulnier, Hill, Pavley, Wolk NOES: Padilla, Cannella, Knight, Wright NO VOTE RECORDED: Fuller SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/13 AYES: De León, Hill, Lara, Padilla, Steinberg NOES: Walters, Gaines SENATE FLOOR : 27-9, 5/30/13 AYES: Beall, Block, Calderon, Corbett, Correa, De León, DeSaulnier, Evans, Galgiani, Hancock, Hernandez, Hill, Hueso, Jackson, Lara, Leno, Lieu, Liu, Padilla, Pavley, Price, Roth, Steinberg, Torres, Wolk, Wright, Yee NOES: Anderson, Berryhill, Cannella, Fuller, Gaines, Knight, Nielsen, Walters, Wyland NO VOTE RECORDED: Emmerson, Huff, Monning, Vacancy ASSEMBLY FLOOR : Not available SUBJECT : Electricity: Green Tariff Shared Renewables Program SOURCE : City of Davis DIGEST : This bill establishes, until January 1, 2019, a Green CONTINUED SB 43 Page 2 Tariff Shared Renewables Program to allow investor-owned utilities (IOUs) to administer a program that allows utility customers to voluntarily purchase electricity from renewable energy facilities. Assembly Amendments revise and recast with similar intent as it left the Senate. ANALYSIS : Existing law: 1. Authorizes individual retail, non-residential, end-use customers to acquire electric service from other providers in each electrical corporation's (IOU) distribution service territory, up to the historically highest amount of kilowatt-hours (kWh) of annual sales for each utility. Increases authorized in 2009 require a phase-in period for new customer enrollments of not less than three years and not more than five years. The program is commonly referred to as "direct access" (DA). 2. Establishes a general exception to the cap on DA for community choice aggregation (CCA) undertaken by cities and counties serving their own residents and businesses, with electricity secured from the market or energy producers under contract with the CCA to provide service to IOU customers choosing to enroll. 3. Requires an electric service provider (ESP) that is a non-utility entity that offers electric service to customers within the service territory of an IOU to register with, and be subject to, the jurisdiction of the Public Utilities Commission (PUC). The ESP is required to undergo background checks and provide proof of financial viability and technical and operational ability in addition to other fees, bonds, and reporting requirements to the PUC and to the customer's served. This bill: 1. Establishes a 600 Megawatt (MW) pilot program until July 1, 2016, for a Green Tariff Shared Renewables Program to allow CONTINUED SB 43 Page 3 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 (RPS) program. 2. Allocates 100 MWs to residential customers and 100 MWs for 1 MW facilities located in the disadvantaged communities. 3. Allocates 20 MWs to the City of Davis. 4. Requires that the cost of the program be paid by the program participants and establishes transparency requirements for expenditures and revenues. 5. Specifies that costs for this program shall not be paid by non-participating ratepayers. 6. Specifies that IOU shareholders are not required to pay for costs associated with this program. 7. Specifies that Community Choice Aggregators may voluntarily offer a similar program. 8. Sunsets the provisions of this bill on January 1, 2019. Comments While rooftop solar is a strong and growing business in California, at least 75% of households cannot participate because they are renters and do not own their roofs, they do not have strong enough credit, or their roof is too small or does not 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 (MASH, 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. CONTINUED SB 43 Page 4 The state's RPS, which requires IOUs to procure 33% of their electricity from renewable sources by 2020, will increase the proportion of IOU customers' overall power mix being served by renewables. However, customers without suitable roofs do not have the option to purchase more clean energy than is already required by the RPS. Without undoing California's world-leading policies that are already enabling the private deployment of clean energy, a green option allows customers to purchase as much as 100% renewable generation. This is a strategy that allows low-income Californians, those who do not own their roofs and those who are not oriented toward the sun to participate in the market for renewable energy. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes 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. SUPPORT : (Verified 9/10/13) City of Davis (source) American Lung Association Black Rock Solar California Apartment Association California Environmental Justice Alliance California Interfaith Power and Light California Rural Legal Assistance Foundation California Solar Energy Industries Association City of Woodland Clean Power Campaign Coalition of California Utility Employees Division of Ratepayer Advocates El Peco Energy, LLC Environment California Environmental Defense Fund Environmental Health Coalition League of California Cities Mainstream Energy Recurrent Energy CONTINUED SB 43 Page 5 San Francisco Public Utilities Commission School Energy Coalition Sierra Club California Silicon Valley Leadership Group Solar Energy Industry Association SolarCity Sonoma County Board of Supervisors Sullivan Solar Power Sungevity Sunible SunRun The Utility Reform Network Vote Solar Initiative Western Center on Law and Poverty Yolo County Board of Supervisors OPPOSITION : (Verified 9/10/13) Alliance for Retail Energy Markets California Farm Bureau Federation Marin Energy Authority JG:k 9/11/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED