BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS
                              Senator Ben Hueso, Chair
                                2015 - 2016  Regular 

          Bill No:          AB 693            Hearing Date:    7/13/2015
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          |Author:    |Eggman                                               |
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          |Version:   |6/16/2015    As Amended                              |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Nidia Bautista                                       |
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          SUBJECT: Multifamily Affordable Housing Renewables Program

            DIGEST:    This bill would create the Multifamily Affordable  
          Housing Renewables Program, to provide financial incentives for  
          qualified renewable energy installations at multifamily  
          affordable housing properties funded from investor-owned  
          utility's greenhouse gas allowances. 

          ANALYSIS:
          
          Existing law:
          
          1)Establishes the California Public Utilities Commission (CPUC)  
            and empowers it to regulate privately-owned public utilities  
            in California.  Specifies that the Legislature may prescribe  
            that additional classes of private corporations or other  
            persons are public utilities.  (Article XII of the California  
            Constitution; Public Utilities Code §301 et seq.)


          2)Provides the CPUC regulatory authority over public utilities,  
            including electrical corporations and gas corporations, as  
            defined.  Authorizes the CPUC to fix the rates and charges for  
            every public utility, and requires that those rates and  
            charges be just and reasonable.  (Public Utilities Code §§218  
            and 222)


          3)Requires the California Air Resources Board (ARB), pursuant to  
            the California Global Warming Solutions Act of 2006, to adopt  
            rules and regulations, and consider the use of market-based  







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            compliance mechanisms, that would reduce greenhouse gas (GHG)  
            emissions in the state to 1990 levels by 2020.  (Health and  
            Safety Code §§38500 to 38599)

          4)Requires the CPUC, except as provided, to require all  
            revenues, including accrued interest, received by an  
            electrical corporation as a result of the direct allocation of  
            GHG allowances to electric utilities to be credited directly  
            to the residential, small business, and emissions-intensive  
            trade-exposed retail customers of the electrical corporation.   
            (Public Utilities Code §748.5)
          5)Authorize the CPUC to allocate 15 percent of these revenues  
            for clean energy and energy efficiency projects established  
            pursuant to statute that are administered by the electrical  
            corporation and that are not otherwise funded by another  
            funding source.  (Public Utilities Code §748.5)

          6)Requires CPUC to establish a program for assistance to  
            low-income electric and gas customers, referred to as the  
            California Alternate Rates for Energy (CARE) program.  (Public  
            Utilities Code §739.1)

          7)Creates the California Solar Initiative (CSI) with a goal to  
            install solar energy systems with a generation capacity of  
            3,000 megawatts (MWs), to make solar energy systems a viable  
            mainstream option for both homes and businesses in 10 years,  
            and to place solar energy systems on 50 percent of new homes  
            in 13 years.  Specifies no less than 10 percent of the overall  
            CSI funding is to be directed toward programs assisting  
            low-income households in obtaining the benefits of solar  
            technology.  (Public Utilities Code §2852)

          8)Permits the CPUC to adopt decisions that established the  
            Single-Family Affordable Solar Homes Program (SASH) and the  
            Multifamily Affordable Solar Housing Program (MASH), which  
            provide monetary incentives for the installation of solar  
            energy systems on low-income residential housing.  (Public  
            Utilities Code §2852)

          9)Extends the SASH and MASH programs until December 31, 2021, or  
            until budgeted funds are exhausted, whichever occurs sooner.   
            (Public Utilities Code §2851)

          10)Establishes the Energy Efficiency Low-Income Weatherization  
            Program in the Department of Community Services and  








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            Development (CSD) from the appropriation of GHG emissions  
            reductions allowances from non-utility funds. The program  
            provides for weatherization and renewable energy installations  
            in disadvantaged communities defined the California  
            Environmental Protection Agency.  (Government Code §12087.5)

          This bill:

          1)Requires the CPUC to authorize $100 million annually from the  
            investor-owned utilities' (IOUs) cap-and-trade allowance  
            revenues to fund a financial assistance program for qualifying  
            renewable energy systems on low-income multifamily properties,  
            as defined. 

          2)Establishes a target of installing 300 MWs of renewable energy  
            systems on multifamily affordable housing properties by 2030. 

          3)Requires that qualified multifamily affordable housing  
            properties are a multifamily residential complex of at least  
            five rental housing units that is low-income residential  
            housing. 

          4)Requires the funding for the program to be appropriated  
            annually beginning with the fiscal year commencing July 1,  
            2016 through the fiscal year commencing July 1, 2025. 

          5)Requires the program to be administered by a qualified third  
            party selected by the CPUC through a competitive bidding  
            system, with not more than 10 percent of the funds to be used  
            for administration. 

          6)Requires that systems installed under the incentive program be  
            primarily used to offset electrical usage by low-income  
            tenants. 

          7)Requires that low-income customers participating in the  
            program receive utility bill offsets through virtual net  
            metering tariffs (VNM). 
           
          8)Requires the CPUC to submit an annual assessment of the  
            program to the Legislature by July 30 of each year, beginning  
            in 2018. 

          Background









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          IOUs' GHG allowance revenues.  With the passage of the Global  
          Warming Solutions Act of 2006, the ARB has implemented  
          regulations to achieve the goal of reducing GHG emissions to  
          1990 levels by 2020.  Under the GHG Cap-and-Trade Regulation,  
          ARB allocates GHG emissions allowances to capped sectors,  
          including electric IOUs.  ARB requires IOUs to sell these  
          allowances at ARB's quarterly allowance auctions, and requires  
          that all proceeds be used for ratepayer benefit, subject to CPUC  
          oversight. 

          In 2012, the Legislature adopted budget trailer language in SB  
          1018, which further restricted the CPUC's discretion related to  
          the use of the funds.  Specifically, SB 1018, requires that  
          revenues from the GHG allowances be credited back to  
          residential, small business and emissions-intensive  
          trade-exposed businesses (businesses that are most at risk for  
          moving their activities out of California because they aren't  
          able to pass the costs on).  Under CPUC Decision 12-12-033, the  
          CPUC allows the three large electric utilities to allocate  
          allowance proceeds to temporarily offset GHG costs from  
          residential rates.  As such, all remaining funds, less any  
          proceeds used for approved clean energy and energy efficiency  
          projects, are distributed to residential customers as the  
          California Climate Credit.  Each utility calculates the  
          semi-annual residential California Climate Credit by dividing  
          the total amount of revenues forecast to be available for the  
          Climate Credit by the number of eligible households (and then  
          dividing by two because the credit is distributed twice a year).  
           Since residential customers are the last to be compensated, the  
          amount of revenue they received is reduced when clean energy and  
          energy efficiency projects are funded with these funds.  Among  
          the three largest IOUs in the state, the semi-annual climate  
          credit is roughly $26-40 per ratepayer, depending on the  
          utility.

          By appropriating $100 million annually from the roughly $1  
          billion in annual allowance revenues, AB 693 will reduce the  
          funding available, by about 10 percent, for the climate credit  
          and other clean energy and energy efficiency projects.  
          Currently, San Diego Gas and Electric has submitted an  
          application to the CPUC to fund its proposed 22 year, $100  
          million electric vehicle charging pilot program with allowance  
          proceeds.  Additionally, individual climate credits could be  
          reduced from nine to 20 percent, or roughly $2-6 less per $30  
          semi-annual credit. 








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          Virtual Net Energy Metering (VMN).  VNM is an arrangement of  
          rates and terms that enables a multi-meter property owner to  
          allocate a solar system's energy credits to other tenants.   
          Historically, multi-tenant building with individual electric  
          meters for each tenant faced difficulties installing distributed  
          solar systems because of the problem of assigning the benefits  
          of the generation to each occupant.  A system could easily be  
          connected to a common area load or to an individual tenant, but  
          if it was connected directly to multiple loads, there would be  
          no way of ensuring equitable distribution of the generation.   
          Some tenants would benefit more than others.  Installing  
          multiple systems, one for each tenant or load in the building,  
          is cost prohibitive.  However, VNM allows participants to  
          install a single solar system to cover the electricity load of  
          both common and tenant areas connected at the same service  
          delivery point.  The electricity does not flow directly to any  
          tenant meter, but rather it feeds directly back onto the grid.   
          The participating utility then allocates the kilowatt hours from  
          the energy produced by the solar photovoltaic generating system  
          to both the building owner's and tenants' individual utility  
          accounts, based on a pre-arranged allocation agreement.  The  
          intent of VNM is to help low-income multifamily residents  
          receive direct benefits of the building's solar system, rather  
          than all of the benefits going to the building owner.

          Net Energy Metering (NEM) 2.0.  The NEM program supports onsite  
          solar installations up to 1 MW designed to offset a portion, or  
          all, of the customer's electric load.  A 2013 report by the CPUC  
          on the costs and benefits of the NEM program suggested that NEM  
          generation resulted in a net cost to ratepayers. However, the  
          report also noted that the costs of NEM are largely a function  
          of retail rates designs.  With the passage of AB 327 (Perea,  
          Chapter 611, Statutes of 2013) the CPUC is undergoing rate  
          reform of utilities, as well as, a new proceeding to reform the  
          NEM program with the intent to better level the playing field  
          between participants and non-participants.  By encouraging the  
          installation of renewable energy technologies and therefore  
          increasing the number of customers enrolled in NEM, AB 693 has  
          the potential to impact non-participant ratepayers.  

          More of the same?  There are existing programs that provide  
          solar and weatherization services to low-income residents.   
          Specifically the SASH and the MASH programs, and the Low-income  
          Weatherization program at the CSD. 








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          The Low-Income Weatherization program is funded from the state's  
          Greenhouse Gas Reductions Fund (GGRF), with $25 million from the  
          2014-15 budget directed to renewable energy projects for  
          low-income residents in disadvantaged communities.  The budget  
          directed $75 million to the CSD for weatherization and renewable  
          projects working with their network of local organizations and  
          government agencies.  The Legislature has not taken action on  
          the 2015-16 GGRF budget, however, the governor has proposed more  
          funding for this program. 

          The passage of the CSI, capped program spending to reach one  
          million solar roofs to $2.5 billion of ratepayer funds over a 10  
          year period for solar incentives with some funding available for  
          projects for low-income residents.  In 2007, in response to  
          legislation, the CPUC issued a decision which established $108  
          million SASH incentive program for low-income homeowners.  In  
          October 2009, the CPUC established a $108 million MASH incentive  
          program for affordable housing developments.  In 2013, the  
          Legislature extended the programs to 2021 and authorized $108  
          million in new funding for both programs.  MASH currently has a  
          wait list of projects and is closed to new applicants, pending  
          approval of the updated MASH program details. 

          Benefitting tenants.  The current programs provide the greatest  
          incentives to property owners in order to incentivize their  
          participation in installing a solar energy project.  While those  
          efforts are working at getting solar to more low-income  
          residents who live in single-family homes, the proponents for AB  
          693 argue that tenants of affordable housing units have largely  
          not benefitted.  With the required use of VNM, AB 693 is  
          intended to help tenants realize the benefits of renewable  
          energy installations.  AB 693 proposes to use many of the MASH  
          elements, including utilizing VNM to provide tenants with  
          financial incentives on their utilities bills.  The MASH program  
          provides for two approaches with VNM, one for individual metered  
          properties where each rental property has its own meter and one  
          for master-metered, such as mobile home parks.  Unlike MASH, AB  
          693 would make the affordable housing installs exclusively  
          available to individual metered properties. 

          Administration.  AB 693 requires the use of a third-party  
          administrator to implement the program.  The utilities have  
          raised concerns with this approach, stating that they can  
          provide the service more cost-effectively and with greater  








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          knowledge of their respective customers.  However, the author  
          and sponsors have raised concerns with having the utilities  
          administer a statewide program and their belief that a  
          third-party administrator will be more cost-effective and  
          effective.

          A 10-year commitment.  AB 693 commits $1 billion in funding over  
          10 years, regardless if the program was working or not.  As this  
          bill's approach to more directly benefit tenants is new, it is  
          warranted that the program be assessed and adjusted sooner.  The  
          author and committee may wish to amend this bill to provide for  
          a more near-term review and assessment by the CPUC to provide  
          for adjustments, as needed.

          In order to clarify low-income eligibility, the author and  
          committee may wish to amend this bill to clarify the low-income  
          definition for eligibility and remove reference to the CARE  
          program where it is not needed.

          Prior/Related Legislation
          
          SB 862 (Chapter 36, Statutes of 2014) Committee on Budget: GHG  
          emission reduction.  Appropriates funding from the sale of GHG  
          emissions allowances, including establishing a low-income  
          weatherization and renewable energy program at the CSD. 

          AB 217 (Bradford/De León, Chapter 609, Statutes of 2013)  
          extended the low-income programs of the CSI from 2016 until  
          2021, authorizes the collection of an additional $108 million  
          for these programs, and adds additional standards to the  
          program, as specified.

          SB 1 (Murray, Chapter 132, Statutes of 2006) established the  
          electric portion of the CSI with a 10-year budget of $2.2  
          billion collected from ratepayers. 
          
          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             Yes          Local:          Yes


          












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          ASSEMBLY VOTES:


          Assembly Floor                                 (79-0)
          Assembly Business and Professions Committee         (14-0)
            
          SUPPORT:  

          California Solar Energy Industries Association (source)
          Justice Alliance (source)
          California's Multifamily Affordable Solar Homes Coalition
          Center Coast Alliance United for a Sustainable Economy
          Center for Community Action and Environmental Justice
          Center on Race, Poverty & the Environment
          Communities for a Better Environment
          Community Advancement
          Environment California
          Everyday Energy
          Pacoima Beautiful
          SolarCity
          Union of Concerned Scientists
          Vote Solar

          OPPOSITION:

          CalTax

          ARGUMENTS IN SUPPORT:   According to the sponsors, the program  
          goal is to create a million solar renters and provide direct  
          economic benefits to tenants.  Low-income renters have largely  
          been bypassed by the growth of solar in California's residential  
          markets because of split incentive barriers.  Solar CARE will  
          demonstrate that solar investments to underserved low-income  
          markets can be made while providing an equivalent ratepayer  
          benefit through reductions in CARE outlays.  

          ARGUMENTS IN OPPOSITION:    CalTax states it is opposed to this  
          bill because "it distorts the nature of a regulatory fee."   
          CalTax further states:  "Pending litigation will determine if  
          the auction component of the cap-and-trade program constitutes  
          an illegal tax."
          
          
                                      -- END --








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