BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2573
                                                                  Page 1

          Date of Hearing:  April 24, 2006

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                 Loni Hancock, Chair
                     AB 2573 (Leno) - As Amended:  April 25, 2006
           
          SUBJECT  :  Electricity: Hetch Hetchy Water and Power solar  
          generation.

           SUMMARY  :  Increases the amount of solar generation permissible  
          for the City and County of San Francisco's (City's) net-metering  
          facilities, and permits the City to generate photovoltaic  
          (solar) power at one location and have that electricity be used  
          at another City-designated remote location.

           EXISTING LAW  :

          1)Defines a customer generator who would be eligible to  
            participate in net metering to generate no more than 1  
            megawatt (MW); be located on the customer's owned, leased, or  
            rented premises; and whose electricity produced is primarily  
            to offset part or all of the customer's own electrical needs.   
            A customer generator can be a residential, commercial,  
            industrial, or agricultural customer of an electric service  
            provider that uses solar or wind.

          2)Requires the total amount of electricity generated by  
            City-owned solar generators to not exceed 5 MW of peak  
            generation capacity and requires that no single solar  
            generation project exceed 1 MW of peak generation capacity.

          3)Requires Pacific Gas and Electric (PG&E) to identify the  
            appropriate tariff for energy generated at the City-owned  
            solar sites, and apply a monetary credit to offset amounts  
            invoiced by PG&E pursuant to the Interconnection Agreement  
            between PG&E and the City.

          4)Specifies that if the City is a net energy producer, the City  
            shall receive no credit or offset for the electricity exported  
            to the grid in excess of the electricity delivered to the site  
            from the grid.

           THIS BILL  :

          1)Increases the amount of power that the City can generate from  








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            solar electric generation facilities, from 5 MW to 15 MW.

          2)Defines "qualifying remote new load" (QRNL), permits the City  
            to designate the QRNL site both inside and outside of the  
            City, requires the QRNL to begin operations after January 1,  
            2006, and exempts this load from the 15 MW cap.

          3)Defines "Hetch Hetchy remote solar generation" as the  
            electricity generated by Hetch Hetchy Water and Power (HHWP)  
            photovoltaic electricity generation facilities owned by the  
            City and designated by the City to provide electricity to the  
            QRNL.

          4)Deletes the 1 MW cap on how much electricity a single solar  
            generation facility can generate.

          5)Excludes the amount of electricity provided for QRNL from the  
            monthly true-up between City-generated electricity provided to  
            Pacific Gas and Electric Company (PG&E), and PG&E electricity  
            provided to the City.

          6)Deletes a provision that states that if the City engages in  
            retail sales to PG&E customers as a result of becoming a  
            community choice aggregator or municipalization, the section  
            that defines the City's on-site solar production and  
            Interconnection Agreement offsets would become inoperative.

          7)Permits the City to use its solar generation to serve the QRNL  
            sites and requires PG&E to treat any electricity exported to  
            the grid by the City's solar generation as "behind the meter"  
            generation that offsets the electrical usage of the QRNL  
            sites.

          8)Provides that there will be no cost shifts to PG&E  
            bundled-service ratepayers as a result of the City using HHWP  
            solar generation to supply electricity to the QRNL.

           FISCAL EFFECT  :  Unknown.

           COMMENTS  :

           1)Background  

          The City owns HHWP, which provides water from the Tuolumne River  
          to the City and its residents.  The federal Raker Act (1913)  








                                                                  AB 2573
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          permitted the City to dam the Tuolumne River, build a 167-mile  
          aqueduct, and construct powerhouses and transmission lines below  
          Hetch Hetchy Reservoir for generation, sale, and distribution of  
          electric energy.   The Act also established priorities for the  
          use of Hetch Hetchy hydropower: first to drive the system's  
          waterworks, next to supply the City's municipal government  
          agencies, and then to farmers and municipal governments within  
          the Modesto and Turlock irrigation districts. Any remaining  
          hydropower could be sold to the City's residential and business  
          users but never to a corporation, such as PG&E.

          At that time, PG&E was the sole provider of gas and electricity  
          in the City. Although the City built a transmission line from  
          the Hetch Hetchy hydroelectric plant to Newark (across the bay,  
          south of Oakland), it was unable to obtain funding for the last  
          stretch into the City.  PG&E retained the transmission lines and  
          distribution system to and throughout the City.  Over the years,  
          the City and PG&E negotiated a federally approved  
          Interconnection Agreement that identifies the terms and  
          conditions under which PG&E will "wheel" the City's Hetch Hetchy  
          power to the City's municipal locations.

          In recent years, San Francisco voters passed local Propositions  
          B and H that potentially provide over $100 million in revenue  
          bond financing for municipal and private solar projects.   
          According to the author's office, the City is seeking to develop  
          large scale solar facilities to serve the new City load  
          resulting from redevelopment projects.  This legislation would  
          require PG&E to accept power at one location in San Francisco  
          and deliver equivalent power at another location.  However,  
          because PG&E controls the local distribution grid in the City  
          and because under existing law PG&E is allowed to absorb surplus  
          solar power without compensating the City for power generated at  
          municipal facilities legislation is being sought by the City to  
          modify current law to allow for additional solar generation.

           2)Renewable Power and the RPS  

          Over the last several years the California Legislature and the  
          Administration have pushed for additional sources of renewable  
          power in an attempt to reduce California's dependence on fossil  
          fuels.  The RPS requires Investor Owned Utilities (IOUs) to  
          increase their renewable procurement each year by at least 1  
          percent of total sales, so that 20 percent of their sales are  
          from renewable energy sources by December 31, 2017. A recent PUC  








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          decision has accelerated the 2017 date to 2010.

          The goal of the RPS is to promote the development of renewable  
          generation in California and decrease our dependence on fossil  
          fuel based generation. Increasing the total amount of renewable  
          generation not only improves California's environment, it also  
          helps diversify the state's fuel sources and leaves the state  
          less susceptible to spikes in natural gas prices. 

          This bill allows the City to greatly enhance its portfolio of  
          renewable energy by adding an additional 10 megawatts of solar  
          photovoltaic energy while decreasing California's dependence on  
          fossil fuels and helping the environment.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          CAL SEIA
          Clean Power Campaign.
          Environment California
          League of California Cities
          Planning and Conservation League
          PV Manufacturers Alliance
          PV Now
          San Francisco Public Utilities Commission
          The Vote Solar Initiative

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :  Kyra Emanuels Ross / NAT. RES. / (916)  
          319-2092