BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Tom Torlakson, Chairman

                                           413 (Fuentes)
          
          Hearing Date:  08/17/2009           Amended: 08/17/2009
          Consultant:  Brendan McCarthy   Policy Vote: EU&C 11-0














































          AB 413 (Fuentes)
          Page 2


          _________________________________________________________________ 
          ____
          BILL SUMMARY: AB 413 makes several changes to the state's  
          regulation of electricity, allowing for increases in some  
          residential electricity rates, increasing the ability of retail  
          customers to purchase electricity directly from generators,  
          prohibiting mandatory time-variant pricing, and making changes  
          to existing energy efficiency programs.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
           
          PUC implementation     Minor and absorbable             Special  
          *

          UC energy savings      About $400 in savings per year,  General
                                 beginning sometime after 2013

          CSU energy savings     $1,000 to $3,000 per year,  
          beginningGeneral
                                 sometime after 2013

          * PUC Utilities Reimbursement Account.        
          _________________________________________________________________ 
          ____

          STAFF COMMENTS:
          
          Current law freezes electricity rates for most residential  
          customers of the investor-owned utilities and freezes  
          participation of retail electricity customers in the direct  
          access program until the Department of Water Resources has  
          recovered all costs of supplying power. (Direct access allows  
          retail electricity customers to buy electricity directly from  
          energy generators, instead of getting power from their local  
          utility.)

          This bill replaces the existing freeze on electricity rates with  
          one index for most residential customers and a second index for  
          low-income residential customers. The bill generally prohibits  
          the Public Utilities Commission from reopening direct access  
          without further legislative action. However, it would allow  
          existing direct access customers to increase the amount of  







          AB 413 (Fuentes)
          Page 2


          electricity under direct access contracts to return to highest  
          historic level of direct access service (approximately a 50  
          percent increase in total potential direct access power  
          purchases). The bill prohibits mandatory use of time-variant  
          pricing for electricity until 2014 and thereafter allows  
          consumers to opt out.

          The bill also requires the Public Utilities Commission to target  
          existing energy efficiency and solar energy programs to heavy  
          users of electricity and to multi-family housing users. It also  
          requires electric utilities to target energy efficiency funds to  
          affordable housing developments.

          The regulatory costs associated with changes to electricity  
          rates and regulations can be accommodated within existing  
          resources at the Public Utilities Commission. 

          The University of California is an existing direct access  
          customer. By increasing the amount of electricity that can be  
          purchased through direct access contracts, the bill would allow  
          the UC system to acquire electricity at lower cost. UC estimates  
          that the potential annual savings would be about $400,000 per  
          year based on the proposed increase in direct access  
          availability. The California State University System is also a  
          direct access customer. CSU estimates that the potential savings  
          from additional direct access energy purchases could be $1  
          million to $3 million per year.


          This bill is substantially similar to SB 695 (Kehoe), which is  
          in the Assembly Appropriations Committee.

          This bill is substantially similar to SB 1536 (Kehoe) from last  
          year which was not heard in the Assembly.