BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 560
                                                                  Page  1

          Date of Hearing:   April 29, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                   AB 560 (Skinner) - As Amended:  April 16, 2009 

          Policy Committee:                               
          UtilitiesVote:10-3

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill increases the existing cap on the amount of solar- or  
          wind-generated electricity that can be generated through  
          net-metering from 2.5% to 10% of each investor-owned utility's  
          aggregate peak demand.

           FISCAL EFFECT  

          Minor absorbable costs to the Public Utilities Commission (PUC).

           COMMENTS  

           1)Background  .  Under net-metering, the electric utility is  
            required to "buy back" any electricity generated by a  
            customer-owned generator as measured by an electric meter that  
            can measure the flow of electricity in both directions.  SB  
            656 (Alquist)/Chapter 369 of 1995 capped net-metering at 0.1%  
            of the utilities load. AB 57 (Keeley)/Chapter 836 of 2002  
            increased the cap to 0.5%, and SB 1 (Murray)/Chapter 132 of  
            2006 further increased the cap to 2.5%.  SB 1 implemented the  
            California Solar Initiative (CSI) which has the goals of  
            installing 3,000 megawatts (MW) of distributed  
            generation-sized solar energy systems in California by 2017  
            while creating a self-sustaining solar industry that can  
            operate without subsidies.

            Even with the grant program created under the CSI and federal  
            tax credits, distributed generation solar energy is not  
            economical for the customer-generator unless the utility  
            participates in some form of a buy-back program such as  
            net-metering.  According to recent estimates by the PUC, each  








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            IOU's share of the CSI's 3,000MW goal represents between 4.5%  
            to 5% of the utility's aggregate peak load, thus if the goals  
            of CSI are to be met, the 2.5% cap on net-metering must be  
            increased or a similar buy-back program must be put into  
            place.  

            As of December 2008, the total installed capacity of  
            net-metered customers, as a percentage of each investor-owned  
            utility's peak load was:  1.3% for PG&E;  0.5% for Southern  
            California Edison (SCE); and 0.6% for San Diego Gas & Electric  
            (SDG&E).  While SCE and SDG&E will not come close to the  
            net-metering cap for several years, based on growth estimates,  
            the cap could be reached in PG&E's service territory in 2010.

            The purpose of the net-metering cap is two-fold:  first, to  
            insure that intermittent solar generation does not create grid  
            reliability problems; and second, to cap the subsidy provided  
            through net-metering.  (The credit provided for wind- or  
            solar-generated power put back into the grid is at the  
            customer's retail cost, which includes not only the replaced  
            generation cost, but also the equivalent costs for  
            transmission, distribution, public good charges, and the  
            utility's rate of return.  Since the customer-generator is  
            being paid the retail price, the add-on costs are shifted to  
            the utilities' other ratepayers.)

           2)Evaluation Pending  .  The PUC is required to report to the  
            Legislature and the governor by January 1, 2010 on the costs  
            and benefits of net energy metering, to include options to  
            replace these economic costs and benefits with a mechanism  
            that more equitably balances the interests of participating  
            and nonparticipating customers.

           3)Purpose  .  The sponsor of this bill, Solar Alliance, and other  
            supporters argue that the CSI and net-metering have been  
            successful and thus the cap should be either eliminated or  
            increased this year to a level exceeding the CSI's 3,000MW  
            goal.  Supporters also argue that there is no evidence that  
            net metered solar power has any negative impact on grid  
            stability.

           4)Comment  .  Given that the PUC evaluation is due January 1,  
            2010, and that the current cap could present a potential  
            short-term barrier only to prospective PG&E  
            customer-generators, it is unclear why the cap would need to  








                                                                  AB 560
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            be increased four-fold this year.  A considerably smaller  
            increase at this time would seem more warranted, and would  
            provide the Legislature a better opportunity in 2011 to review  
            the PUC's net-metering evaluation.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081