BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                         SB 43|
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                                 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  
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          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  

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             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.


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          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

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          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

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