BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1536
                                                                  Page  1

          Date of Hearing:   May 20, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                   AB 1536 (Blakeslee) - As Amended:  May 6, 2009 

          Policy Committee:                               
          UtilitiesVote:15-0
                        Natural Resources                       6-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill expands eligibility under the Self-Generation  
          Incentive Program (SGIP), limits program funding, and renames  
          the program.  Specifically, this bill:

          1)Renames the SGIP as the Clean Technology Incentive Program  
            (CTIP).

          2)Declares that the purpose of the program is to deploy  
            distributed generation (DG) technologies determined by the  
            Public Utilities Commission (PUC) to require ratepayer  
            subsidies to achieve commercialization, and to benefit  
            ratepayers commensurate with the subsidies provided.

          3)Makes eligibility for CTIP funding energy storage facilities  
            using emerging technologies and meeting other specified  
            criteria, including that the facilities store energy from an  
            eligible renewable resource.

          4)Limits annual program spending to $75 million.

           FISCAL EFFECT  

          Minor absorbable costs for the PUC to implement the program  
          modifications.

           COMMENTS  


           1)SGIP Background  .  AB 970 (Ducheny)/Chapter 329 of 2000,  








                                                                  AB 1536
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            required the PUC to initiate certain load control and DG  
            program activities. In implementing that legislation, the PUC  
            issued a decision to create the Self-Generation Incentive  
            Program (SGIP) and funded the program through a rate increase  
            of $125 million for the first four years. Generation  
            technologies supported by the SGIP included photovoltaic  
            (solar) systems, microturbines, fuel cells, small and large  
            gas turbines, and wind turbines. The SGIP provides rebates for  
            such systems sized up to 5 megawatts (MW). Incentives vary by  
            technology and fuel type. 


            AB 1685 (Leno)/Chapter 894 of 2003, extended the SGIP until  
            January 1, 2008 and required that combustion-operated DG  
            projects meet specific emissions targets in order to qualify  
            for program rebates. AB 2778 (Lieber)/Chapter 617 of 2006,  
            transferred the solar technologies from the SGIP to the PUC's  
            California Solar Initiative and extended the SGIP sunset from  
            January 2008 to January 2012, but only for fuel cell and wind  
            DG technologies.


            According to the Assembly Natural Resources Committee analysis  
            of AB 1536, the SGIP is a 

            "program with a reputation for spending hundreds of millions  
            of dollars on subsidies for distributed generation projects  
            without much discipline or attention to providing commensurate  
            ratepayer benefits? [a]ny program that grants the PUC  
            authority to spend unlimited sums of ratepayer funds should be  
            accompanied by clear definitions of its purposes and  
            mechanisms for accountability."  

            Amendments adopted by the Natural Resources Committee  
            specifically state the program's purpose and limit program  
            funding to $75 million annually.


           2)Energy Storage Facilities  .  Current law requires all retail  
            sellers of electricity, by 2010, to meet at least 20% of the  
            retail sales using electricity from renewable resources-the  
            Renewable Portfolio Standard (RPS).  Legislation has been  
            introduced to increase the RPS goal to 33% by 2020.  It is  
            believed this higher goal can only be met through heavy  
            reliance on wind and solar energy, however, both of these  








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            energy sources are intermittent. This intermittency could  
            create reliability problems for the electricity grid, since  
            solar and wind energy cannot be counted on to be available at  
            the same time there is demand for electricity.  

            One way to resolve this reliability issue would be energy  
            storage devices, which convert electricity into some other  
            form of energy so it can be stored and converted back to  
            electricity at a later point.  Batteries are the most common  
            form of energy storage device currently in use, however, there  
            are no commercially available batteries that can  
            cost-effectively store the large amounts of electricity  
            produced by large scale wind farms or solar facilities. 

            Another form of electricity storage already in use in  
            California is pumped storage, where water is pumped up into a  
            reservoir at night and then released through turbines during  
            the daytime to produce electricity.  Additionally, research is  
            underway to develop storage devices using compressed air,  
            flywheels, and fuel cells.

            In a 2008 report on the SGIP, the California Energy Commission  
            (CEC) recommended that the SGIP provide incentives for energy  
            storage technologies, which provide capacity benefits.

           3)Related Legislation  .  AB 44 (Blakeslee), pending on this  
            committee's Suspense file, requires the PUC to develop a  
            time-variant tariff providing incentives for the application  
            of energy storage facilities and authorizes the PUC to approve  
            an increase of 0.5% to 1% in the rate-of-return otherwise  
            allowed an investor-owned utility for investments in energy  
            storage facilities meeting specified requirements.

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