BILL ANALYSIS Ó AB 2460 Page A Date of Hearing: April 13, 2016 ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE Mike Gatto, Chair AB 2460 (Irwin) - As Amended March 17, 2016 SUBJECT: Solar thermal systems SUMMARY: Extends and modifies an existing program that provides incentives for solar water heating incentives and administered by investor-owned utilities under the supervision of the California Public Utilities Commission (CPUC). Specifically, this bill: 1)Extends and modifies an existing program to promote the installation of solar water systems throughout the state, set the funding cap for the program between January 1, 2017, and July 31, 2027, at $1 billion, reserve 50% of the total program budget for the installation of solar water heating systems in low-income residential housing or in buildings in disadvantaged communities, and extend the operation of the program through July 31, 2027. 2)Requires the governing body of each publicly-owned utility providing gas service, until August 1, 2027, to adopt, implement, and finance a solar water heating system incentive program. EXISTING LAW establishes a program to support installation of 200,000 solar water heaters by 2017 funded by up to $250 million AB 2460 Page B in ratepayer surcharges. (Public Utilities Code Section 2860) FISCAL EFFECT: Unknown. COMMENTS: 1)Author's Statement. "The Aliso Canyon natural gas leak and the San Bruno tragedy are stark reminders of the everyday dangers of natural gas. The policies that we set forth must work to reduce our use and reliance on natural gas. One proven and effective technology to reduce natural gas use is solar heating technologies. "In 2007, AB 1470 [Huffman, Chapter 536, Statutes of 2007] created a solar thermal rebate program. The program was designed to incentivize and create a market for rooftop solar water heating projects. The CPUC did not actually begin the program until 2010. Soon after, natural gas prices plummeted and the rebate designed to simulate solar water heating was too low. It was not until January 2015 that a properly designed rebate was approved and until May 2015 that it was implemented. This finally resulted in steady growth as the program was intended. Now the program is beginning to see some success, but it is scheduled to sunset in 2017." "AB 2460 is designed to do several things - extend the program in order to give it time to work as intended, dedicate at least 50% of the program rebates to disadvantaged communities, require the CPUC to review the rebate amount more frequently, and increase the overall program budget." 2)Current Program: In 2007, AB 1470 (Huffman), Chapter 536, created the CSI Thermal rebate program to reduce the use of natural gas in buildings through solar heating technologies. Approximately 40% of the state's natural gas consumption is AB 2460 Page C used for heat within buildings. Up to 80% of that energy could be provided by rooftop solar heating technologies. Incentives are needed to give consumers a positive economic value for their investment. However, although the legislation was passed in 2007, CSI Thermal rebates were not made available until 2010. In addition, it is unclear whether the CPUC has authorized sufficient marketing and education about this program. In 2014, the State Auditor issued a report on California Alternative Energy and Energy Efficiency Initiatives<1> where it stated that the California Solar Initiative Thermal Program will not install enough solar water heating systems to meet its goal by the time the program ends in 2017. The State Auditor recommended the Legislature consider whether it wants to continue authorizing the collection of ratepayers' money to fund the program. According to the CPUC, the current annual energy savings for this program are more than 4.5 million therms, almost 1 million kilowatt hours, and nearly 25 thousand tonnes of greenhouse gas (GHG) emission reductions. The current program has paid out about $45 million in incentives since 2010. The majority of these funds have been used to fund commercial multifamily housing and low income multifamily housing projects ($35 million). As part of the proposed action plan developed by the CPUC, the California Energy Commission (CEC), and the Los Angeles Department of Water and Power (LADWP), they recommend reprioritizing the existing solar thermal program to fund projects installable by summer 2017. They particularly note that funds from this program for low-income customers have been fully utilized. -------------------------- <1> https://www.bsa.ca.gov/pdfs/reports/2014-124.pdf AB 2460 Page D 3)Water Heating Only? This bill specifies a program limited to solar water heating. Yet solar thermal can provide other services, such as space heating and cooling. These other services can not only offset natural gas use but may also offset electricity use. The author may wish to consider an amendment to revise the definition of solar water heating to instead define solar thermal and make conforming changes to references to solar water heating to instead state solar thermal. 4)Impact on Ratepayers: This bill allocates up to $1 billion from ratepayers to fund the incentive program through 2027. If the program does not use the full amount of funds available by 2027, ratepayer funds would not be collected. The current program has been in rates since 2007 and has expended $45 million of the original $250 million allocation. 5)Allocation of Funds: This bill apportions 50% of the budget to low income solar water heating. The CPUC is free to allocate the remaining 50% as it determines appropriate. Solar thermal can be used to meet the needs of food, beverage, textiles, paper and pulp industries. Processes like sterilizing, pasteurizing, drying, hydrolyzing, distillation and evaporation, and washing and cleaning do not require high temperatures and could benefit from the use of solar thermal technologies. The author may wish to consider an amendment to revise the allocation of funds to set aside 10% of the funds to industrial applications. 6)Suggested Amendments: SECTION 1. Section 2860 of the Public Utilities Code is repealed. SEC. 2. Section 2861 of the Public Utilities Code is amended to read: AB 2460 Page E 2861. As used in this article, the following terms have the following meanings: (a) "Disadvantaged community" means a community identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code. (b) "Gas customer" includes both "core" and "noncore" customers, as those terms are used in Chapter 2.2 (commencing with Section 328) of Part 1, that receive retail end-use gas service within the service territory of a gas corporation. (c) "kWth" or "kilowatts thermal" means the unit of measure of the equivalent thermal capacity of a solarwater heatingthermal system that is calculated by multiplying the aperture area of the solar collector area of the system, expressed in square meters, by a conversion factor of 0.7. (d) "kWhth" means kilowatthours thermal as measured by the number of kilowatts thermal generated, or displaced, in an hour. (e) "Low-income residential housing" means either of the following: (1) Residential housing financed with low-income housing tax credits, tax-exempt mortgage revenue bonds, general obligation bonds, or local, state, or federal loans or grants, and for which the rents of the occupants who are lower income households, as defined in Section 50079.5 of the Health and Safety Code, do not exceed those prescribed by deed restrictions or regulatory agreements pursuant to the terms of the financing or financial assistance. (2) A residential complex in which at least 20 percent of the total units are sold or rented to lower income households, as defined in Section 50079.5 of the Health and Safety Code, and the housing units targeted for lower income households are subject to a deed restriction or affordability covenant with a public entity that ensures that the units will be available at an affordable housing cost meeting the requirements of Section 50052.5 of the Health and Safety Code, or at an affordable rent meeting the requirements of Section 50053 of the Health and Safety Code, for a period of not less than 30 years. (f) "New Solar Homes Partnership" means the 10-year program, administered by the Energy Commission, encouraging solar AB 2460 Page F energy systems in new home construction. (g) "Solar heating collector" means a device that is used to collect or capture heat from the sun and that is generally, but need not be, located on a roof. (h) "Solarwater heatingthermal system" means a solar energy device that has the primary purpose of reducing demand for natural gas or electricity through water heating, space heating or cooling , or other methods of capturing heat energy from the sun to reduce natural gas or electricity consumption in a home, business, or any building or facility receiving natural gas that is subject to the surcharge established pursuant to subdivision (b) of Section 2863, or exempt from the surcharge pursuant to subdivision(c)(b) of Section 2863, and that meets or exceeds the eligibility criteria established pursuant to Section 2864. "Solarwater heatingthermal systems" include multifamily residential, industrial, governmental, educational, and nonprofit solar pool heating systems, but do not include single-family residential solar pool heating systems. SEC. 3. Section 2862 of the Public Utilities Code is amended and renumbered to read: 2860. (a) Legislature finds and declares all of the following: (1) California is heavily dependent on natural gas. (2) The storage and delivery of natural gas relies on aging infrastructure that is prone to leaks that can damage the environment and imperil public health. (3) Natural gas is a fossil fuel and a major source of global warming pollution and the pollutants that cause air pollution, including smog. (4) California's growing population and economy will put a strain on energy supplies and threaten the ability of the state to meet its global warming goals unless specific steps are taken to reduce demand and generate energy cleanly and efficiently. (5) Water heating for domestic and industrial use relies almost entirely on natural gas and accounts for a significant percentage of the state's natural gas consumption. AB 2460 Page G (6) Solarwaterthermal heating systems represent the major untapped natural gas saving potential in California. (7) In addition to financial and energy savings, solarwater heatingthermal systems can help protect against future gas and electricity shortages and reduce our dependence on foreign sources of energy. (8) Solarwater heatingthermal systems can also help preserve the environment and protect public health by reducing air pollution, including carbon dioxide, a leading global warming gas, and nitrogen oxide, a precursor to smog. (9) Growing demand for these technologies will create jobs in California as well as promote greater energy independence, protect consumers from rising energy costs, and result in cleaner air. (10) Installing solarwater heatingthermal systems in disadvantaged communities can provide local economic benefits while advancing the state's clean energy goals and policies to reduce the emissions of greenhouse gases. (11) It is in the interest of the State of California to promote solarwater heatingthermal systems and other technologies that directly reduce demand for natural gas in homes and businesses. (b) It is the intent of the Legislature to build a mainstream market for solarwater heatingthermal systems that directly reduces demand for natural gas in homes, businesses, schools, industrial , and nonprofit and government buildings. (c) It is the intent of the Legislature that the solarwater heatingthermal system incentives created by this article should be a cost-effective investment by gas customers. Gas customers will recoup the cost of their investment through lower energy bills as a result of avoiding purchases of natural gas. SEC. 4. Section 2863 of the Public Utilities Code is amended to read: 2863. (a) By July 31, 2017, the commission shall do all of the following: (1) Implement changes to the program as authorized pursuant to this section on December 31, 2016, applicable to the AB 2460 Page H service territories of a gas corporation to promote the installation of solarwater heatingthermal systems in homes, businesses, and buildings or facilities of eligible customer classes receiving natural gas service throughout the state. Eligible customer classes shall include single-family and multifamily residential, commercial, industrial, governmental, nonprofit, and primary, secondary, and postsecondary educational customers. The commission shall implement program changes in phases, if necessary, to enable seamless continuation of the availability of rebates as of January 1, 2017. (2) The program shall be administered by gas corporations or third-party administrators, as determined by the commission, and subject to the supervision of the commission. (3) The commission shall coordinate the program with the Energy Commission's programs and initiatives, including, but not limited to, the New Solar Homes Partnership, to achieve the goal of building zero-energy homes. (b) (1) The commission shall fund the program through the use of a surcharge applied to gas customers based upon the amount of natural gas consumed. The surcharge shall be in addition to any other charges for natural gas sold or transported for consumption in this state. (2) Funding for the program established by this article shall not, for the collective service territories of all gas corporations, exceed one billion dollars ($1,000,000,000) over the course of the period from January 1, 2017, to July 31, 2027, inclusive. (3) Fifty percent of the total program budget shall be reserved for the installation of solarwater heatingthermal systems in low-income residential housing or in buildings in disadvantaged communities. The commission may revise the percentage if the budget for other types of customers becomes depleted. (4) Ten percent of the total program budget shall be reserved for the installation of solar thermal systems in industrial applications. The commission may revise the percentage if the budget for other types of customers becomes depleted. (5) The commission shall annually establish a surcharge rate AB 2460 Page I for each class of gas customers. Any gas customer participating in the California Alternate Rates for Energy (CARE) or Family Electric Rate Assistance (FERA) programs shall be exempt from paying any surcharge imposed to fund the program designed and implemented pursuant to this article. (5) Any surcharge imposed to fund the program designed and implemented pursuant to this article shall not be imposed upon the portion of any gas customer's procurement of natural gas that is used or employed for a purpose that Section 896 excludes from being categorized as the consumption of natural gas. (6) The gas corporation or other person or entity providing revenue cycle services, as defined in Section 328.1, shall be responsible for collecting the surcharge. (c) Funds shall be allocated in the form of customer rebates to promote utilization of solarwater heatingthermal systems. (1) On and after January 1, 2017, the rebate amount shall be consistent with the amount the commission established for the calendar year 2016 until revised by the commission pursuant to paragraph (2). (2) Beginning in 2017, and every two years thereafter, the commission shall consider revisions to the rebate amount, taking into account the cost of installingsolar water heatingthermal systems and the price of natural gas to end-use customers. (3) The commission shall ensure that a cap on the maximum rebate amount does not unreasonably impair the ability of industrial customers to participate in the program. (d) In designing and implementing the program required by this article, no moneys shall be diverted from any existing programs for low-income ratepayers or cost-effective energy efficiency programs. SEC. 5. Section 2864 of the Public Utilities Code is amended to read: 2864. (a) The commission, in consultation with the Energy Commission and interested members of the public, shall establish eligibility criteria for solarwater heatingthermal systems receiving gas customer funded incentives pursuant to AB 2460 Page J this article. The criteria should specify and include all of the following: (1) Design, installation, and energy output or displacement standards. To be eligible for rebate funding, a residential solarwater heatingthermal system shall be certified by an accredited listing agency in accordance with standards adopted by the commission. Solar collectors used in systems for multifamily residential, commercial, government, nonprofit, educational, or industrialwater heatingapplications shall be certified by an accredited listing agency in accordance with standards adopted by the commission. Energy output of collectors and systems shall be determined in accordance with procedures set forth by the listing agency, and shall be based on testing results from accredited testing laboratories. (2) A requirement that solarwater heatingthermal system components are new and unused, and have not previously been placed in service in any other location or for any other application. (3) A requirement that solarwater heatingthermal collectors have a warranty of not less than 10 years to protect against defects and undue degradation. (4) A requirement that solarwater heatingthermal systems are in buildings or facilities connected to a natural gas utility's distribution system within the state. (5) A requirement that solar water heating thermal systems have meters or other kWhth measuring devices in place to monitor and measure the system's performance and the quantity of energy generated or displaced by the system. The cost of monitoring the system shall not exceed 2 percent of the system cost. (6) A requirement that solarwater heatingthermal systems are installed in conformity with the manufacturer's specifications and all applicable codes and standards. (b) Gas customer funded incentives shall not be made for a solarwater heatingthermal system that does not meet the eligibility criteria. (c) The commission may adopt consensus solar standards applicable to products or systems as developed by accredited standards developers. AB 2460 Page K SEC. 6. Section 2865 of the Public Utilities Code is amended to read: 2865. (a) The commission shall establish conditions on gas customer funded incentives pursuant to this article. The conditions shall require both of the following: (1) Appropriate siting and high-quality installation of the solarwater heatingtherma l system based on installation guidelines that maximize the performance of the system and prevent qualified systems from being inefficiently or inappropriately installed. The conditions shall not impact housing designs or densities presently authorized by a city, county, or city and county. The goal of this paragraph is to achieve efficient installation of solarwater heatingthermal systems and promote the greatest energy production or displacement per gas customer dollar. (2) Appropriate energy efficiency improvements in the new or existing home or facility where the solarwater heatingthermal system is installed. (b) The commission shall set rating standards for equipment, components, and systems to ensure reasonable performance and shall develop procedures that provide for compliance with the minimum ratings. SEC. 7. Section 2866 of the Public Utilities Code is amended to read: 2866. (a) The commission may establish a grant program or a revolving loan or loan guarantee program for low-income residential housing consistent with the requirements of Chapter 5.3 (commencing with Section 25425) of Division 15 of the Public Resources Code. All Notwithstanding Section 2867.4, all loans outstanding as of August 1, 2018, 2027, shall continue to be repaid in a manner that is consistent with the terms and conditions of the program adopted and implemented by the commission pursuant to this subdivision, until repaid in full. (b) The commission may extend eligibility for funding pursuant to this section to include residential housing occupied by ratepayers participating in a commission approved AB 2460 Page L and supervised gas corporation Low-Income Energy Efficiency (LIEE) program and who either: (1) Occupy a single-family home. (2) Occupy at least 50 percent of all units in a multifamily dwelling structure. (c) The commission shall ensure that lower income households, as defined in Section 50079.5 of the Health and Safety Code, and, if the commission expands the program pursuant to subdivision (b), ratepayers participating in a LIEE program, that receive gas service at residential housing with a solar water heating system receiving incentives pursuant to subdivision (a), benefit from the installation of the solarwater heatingthermal systems through reduced or lowered energy costs. (d) The commission shall do all of the following to implement the requirements of this section: (1) Maximize incentives to properties that are committed to continuously serving the needs of lower income households, as defined in Section 50079.5 of the Health and Safety Code, and, if the commission expands the program pursuant to subdivision (c), (b), ratepayers participating in a LIEE program. (2) Establish conditions on the installation of solarwater heatingthermal systems that ensure properties on which solarwater heatingthermal systems are installed under subdivision (a) remain low-income residential properties for at least 10 years from the time of installation, including property ownership restrictions and income rental protections, and appropriate enforcement of these conditions. SEC. 8. Section 2867 of the Public Utilities Code is amended to read: 2867. (a) Consistent with subdivision (c) of Section 2863, the commission shall consider reductions over time in rebates provided through the program. The rebate shall be structured so as to drive down the cost of the solarwater heatingthermal technologies, and be paid out on a performance-based incentive basis so that incentives are earned based on the actual energy savings, or on predicted energy savings as established by the commission. AB 2460 Page M (b) The commission shall consider federal tax credits and other incentives available for this technology when determining the appropriate rebate amount. (c) The commission shall consider the impact of rebates for solarwater heatingthermal systems pursuant to this article on existing incentive programs for energy efficiency technology. (d) In coordination with the commission, the Energy Commission shall consider, when appropriate, coupling rebates for solarwater heatingthermal systems with complementary energy efficiency technologies, including, but not limited to, efficient hot water heating tanks and tankless or on demand hot water systems that can be installed in addition to the solarwater heatingthermal system. SEC. 9. Section 2867.1 of the Public Utilities Code is repealed. SEC. 10. Section 2867.2 of the Public Utilities Code is repealed. SEC. 11. Section 2867.3 of the Public Utilities Code is amended to read: 2867.3.The governing body of each publicly owned utility providing gas service to retail end-use gas customers shall, after a public proceeding, adopt, implement, and finance a solarwater heatingthermal system incentive program that does all the following: (a) Ensures that any solarwater heatingthermal system receiving monetary incentives complies with eligibility criteria adopted by the governing body. The eligibility criteria shall include those elements contained in paragraphs (1) to (6), inclusive, of subdivision (a) of Section 2864. (b) Includes minimum ratings and standards for equipment, components, and systems to ensure reasonable performance and compliance with the minimum ratings and standards. (c) Includes an element that addresses the installation of solarwater heatingthermal systems on low-income residential housing. If deemed appropriate in consultation with the AB 2460 Page N California Tax Credit Allocation Committee, the governing board may establish a grant program or a revolving loan or loan guarantee program for low-income residential housing consistent with the requirements of Chapter 5.3 (commencing with Section 25425) of Division 15 of the Public Resources Code. SEC. 12. Section 2867.4 of the Public Utilities Code is repealed. SEC. 13. Section 2867.4 is added to the Public Utilities Code, to read: 2867.4. This article shall become inoperative on August 1, 2027, and, as of January 1, 2028, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2028, deletes or extends the dates on which it becomes inoperative and is repealed. REGISTERED SUPPORT / OPPOSITION: Support Aztec Solar California Solar Energy Industries Association Center for Sustainable Energy Environment California AB 2460 Page O Fafco Mercy Housing Solartek UMA Solar Opposition None on file. Analysis Prepared by:Sue Kateley / U. & C. / (916) 319-2083