BILL ANALYSIS                                                                                                                                                                                                              1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                            MARTHA M. ESCUTIA, CHAIRWOMAN
          

          AB 2573 -  Leno                                   Hearing Date:   
          June 20, 2006              A
          As Amended:         May 22, 2006             FISCAL       B

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                                      DESCRIPTION
           
           Existing law  (AB 594 (Leno), Chapter 790, Statutes of 2004)  
          requires Pacific Gas and Electric (PG&E) to credit the City and  
          County of San Francisco for any excess electricity exported to  
          the PG&E grid from up to five megawatts of solar generation  
          facilities that would serve municipal facilities in San  
          Francisco.  Each facility must serve  on-site  load and may not be  
          larger than one megawatt.  The required credit is equivalent to  
          the generation component of the appropriate time-of-use rate for  
          the electricity.  If San Francisco begins to provide retail  
          service to PG&E customers, the provisions of AB 594 become  
          inoperative.

           This bill  increases the total amount of allowable on-site solar  
          generation from five megawatts to 15 megawatts and creates an  
          additional mechanism for San Francisco to receive credit for  
          solar generation produced at a  remote  site within or outside of  
          San Francisco and consumed at a city-owned site within or  
          outside of San Francisco.  This bill eliminates the one megawatt  
          facility size limit and the provision rendering the statute  
          inoperative if San Francisco begins to provide retail service to  
          PG&E customers.

                                      BACKGROUND
           
          SB 656 (Alquist), Chapter 369, Statutes of 1995, required all  
          electric utilities to buy back any electricity generated by a  
          customer-owned solar or wind system.  This buy-back program is  
          known as "net metering" because the electricity purchases of the  
          customer are netted against the electricity generated by the  











          customer's solar electric system.  The generated electricity  
          spins the meter backward, making it equivalent to the customer  
          using less electricity.

          Net metering was initially permitted for systems up to 10  
          kilowatts making it suitable for residential-sized applications  
          (a typical residential net-metered system is 2 - 4 kilowatts).   
          The total amount of capacity that could be net metered was  
          capped at 0.1 percent of the utility load.  AB 29X (Kehoe),  
          Chapter 8, Statutes of 2001, expanded the net metering program  
          to large commercial and industrial customers by raising the  
          maximum size of the net-metered system to 1 megawatt and lifting  
          the cap on total net metered capacity.  The provisions of AB 29X  
          relating to net metering were to sunset on January 1, 2003, but  
          were subsequently extended by AB 58 (Keeley), Chapter 836,  
          Statutes of 2002, which also replaced the cap at 0.5 percent of  
          utility peak load.  SB 1 (Murray), pending in the Assembly,  
          increases the net-metering cap to 2.5 percent.

          Because most municipal load in San Francisco is served by  
          electricity from Hetch Hetchy Water and Power (delivered via  
          PG&E's transmission and distribution system), the load is not  
          eligible for net metering.  AB 594 created a surrogate program  
          designed for San Francisco municipal load, allowing solar  
          facilities to get credit for excess electricity production under  
          a limited form of net-metering, in which PG&E pays for excess  
          electricity at the time-of-use generation rate, rather than the  
          full retail rate.

          Now, San Francisco wants to develop larger solar projects at  
          remote sites that will produce more electricity than is consumed  
          at that site.  The remote sites could be inside or anywhere  
          outside of San Francisco.  Instead of selling this surplus  
          electricity at its wholesale value to a retail utility, San  
          Francisco wants PG&E to be required to take the electricity as  
          an offset to electricity being consumed by the city at another  
          location.

                                       COMMENTS
           
           What's the difference between remote generation and on-site  
          generation?   The difference is that remote generation requires  
          the utility to provide transmission and distribution services to  
          deliver it.  Under this bill, San Francisco's remote solar  










          generation would be treated the same as on-site solar generation  
          has been treated in net-metering policy.  For the first time,  
          remote solar would receive the equivalent of net-metering - a  
          one for one offset of generation and consumption, with no charge  
          for delivery.  In effect, the distance between the generator and  
          the consumer would be ignored.  In addition, the one megawatt  
          size limit in effect for net metering would not apply.  

          A leading argument for promoting on-site solar is that it  
          reduces congestion on the transmission and distribution grid.   
          The remote solar arrangement may offer some local congestion  
          relief benefit, depending on the proximity of the generation to  
          the load.  However, this bill has no limit on proximity of the  
          generation to the load so it could result in either increased or  
          decreased congestion.  

          This bill assures that their will be no ongoing payment for  
          transmission and distribution services (beyond initial  
          interconnection costs), but it doesn't assure there will be no  
          costs.  The provision requiring the "appropriate regulatory  
          agency" to ensure there is no cost shifting will only initiate a  
          case at the CPUC or FERC in which the parties will again argue  
          about the costs and merits of remote solar, with an uncertain  
          outcome.  If FERC is the "appropriate regulatory agency," it  
          will not be bound by a state law requirement to prevent cost  
          shifting.
           
                                   ASSEMBLY VOTES
           
          Assembly Floor                     (64-15)
          Assembly Appropriations Committee  (16-1)
          Assembly Natural Resources Committee                            
          (10-0)
          Assembly Utilities and Commerce Committee                       
          (10-1)



















                                       POSITIONS
           
           Sponsor:
           
          San Francisco Public Utilities Commission

           Support:
           
          American Federation of State, County and Municipal Employees
          California Solar Energy Industries Association
          City and County of San Francisco
          Clean Power Campaign
          Environment California
          League of California Cities
          Planning and Conservation League
          PV Manufacturers Alliance
          PV Now
          Vote Solar

           Oppose:
           
          Pacific Gas and Electric Company

          






























          Lawrence Lingbloom 
          AB 2573 Analysis
          Hearing Date:  June 20, 2006