BILL ANALYSIS                                                                                                                                                                                                              1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                 ALEX PADILLA, CHAIR
          


          -  Saldana                              Hearing Date:  June 29,  
          2010             A
          As Amended:         April 27, 2010                FISCAL       B

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                                      DESCRIPTION
           
           Current law  establishes the California Solar Initiative (CSI), a  
          $3.3 billion program to subsidize the installation of  
          photovoltaic (PV) systems for customers of the state's  
          investor-owned utilities (IOUs) and publicly owned utilities  
          (POUs).

           Current law  requires that the CSI solar system offset part or  
          all of the consumer's own electricity demand and that the system  
          be located on the same premises of the end-use consumer where  
          the consumer's own electricity demand is located.

           This bill  allows the solar system to be located on or adjacent  
          to the customer's owned, leased, or rented premises.


                                      BACKGROUND
           
          California Solar Initiative (CSI) - Effective in 2007, the CSI  
          calls for the installation of 3,000 megawatts (MW) of new,  
          solar-produced electricity by 2016. Targeted expenditures under  
          the CSI, funded by ratepayers, are $3.3 billion over ten years,  
          distributed among three distinct program components: IOUs,  
          $2.167 million/1940 MW; New Solar Homes Partnership, $400  
          million/360 MW; and POUs $784 million/700 MW.

          California now has over 736 MW of solar PV in the IOU  
          territories at over 43,000 residential, commercial and  











          governmental sites.  This includes installed generation and  
          pending applications.  The POUs have installed 26 MW of  
          generation at 7,712 sites and the NHSP reports 7.8 MW of solar  
          PV at 3,002 sites.  

          All CSI programs combined, California has approximately  
          installed 770 MW of solar generation on the customer's side of  
          the meter - 27% of goal.

          Net Energy Metering - Utility customers that generate power from  
          a wind or solar system are eligible for NEM under which the  
          electricity purchases of the customer are netted against the  
          electricity generated by the customer's own solar or wind  
          electric system.  When the sun is shining or the wind is  
          blowing, the generated electricity spins the meter backward,  
          making it financially equivalent to using less electricity for  
          the customer with the same effect as the electric utility paying  
          the customer the full retail price for the electricity.  When  
          the sun stops shining and the wind stops blowing, the customer  
          draws electricity from the grid and their meter spins forward  
          using the credit on the meter.  In theory, depending on weather  
          patterns, system size and customer behavior, the customer will  
          have a zero energy bill at the end of a 12-month cycle.


                                       COMMENTS
           
              1)   Author's Purpose  .  While many commercial properties and  
               some residential buildings have adequate roof space to site  
               a solar energy system, such is not necessarily the case for  
               many residential properties, particularly multi-family  
               residences or residences where the roof space is obstructed  
               from the sun.  Nonetheless, ratepayers of all residences  
               pay into the pool of money that funds the program.  It has  
               repeatedly been observed that, despite its numerous  
               benefits, the CSI may not provide an adequate opportunity  
               for middle and lower income Californian's to participate in  
               the incentive program.

               In order to provide a better opportunity to participate in  
               the program, eligibility should be expanded to include a  
               solar energy system that is located on a near-site location  
               to the end-use consumer.  











              2)   Basic Premise of CSI  .  The fundamental premise of the  
               CSI program is that the solar system funded with CSI funds  
               be sized so that the amount of electricity produced by the  
               system primarily offsets part or all of the customer's  
               electrical needs at the project site thereby displacing  
               electric load on the grid.  In practice a solar  
               installation does not have to be on the customer's roof but  
               is required to be wired to the customer's side of the meter  
               to offset their electrical load.  This bill will eliminate  
               that requirement by allowing the system to be placed  
               adjacent to the customer's owned, leased, or rented  
               premises.  

               The immediate result is that the reduction of peak demand  
               is not achieved.  In the long-term the goals of zero net  
               energy homes will be not be achieved and, at the time when  
               energy storage technologies are affordable and commercially  
               available, the CSI generation intended to be funded on the  
               customer's side of the meter will not exist to take  
               advantage of the storage technologies which would truly  
               achieve the goal of zero net energy homes.

              3)   Ineligible for NEM  .  The primary benefit of the CSI  
               program is derived from the solar customer's eligibility  
               for NEM which is authorized under state law separately from  
               the CSI program.  If the customer's solar system is not  
               located on the customer's side of the meter, the customer  
               would not be eligible for NEM.

              4)   Solar & the CSI Have Limitations  .  The CSI program will  
               not bring solar to all which has frustrated many policy  
               makers and customers.  For most customers solar will not be  
               an option in the near future simply due to its costs.   
               Customers who live in high-density housing will also be  
               challenged due to the space required for solar  
               installations; for many customers the pitch of their roof  
               is not suitable or the home is shaded too much.  Rental  
               customers are also not likely to benefit from solar simply  
               because the property owner would carry the expense while  
               the renter would reap the power.  Agricultural customers  
               with centralized load can benefit but load demand at the  
               far reaches of their property will remain separately  
               metered due to the cost and size of solar installations in  
               remote areas of their properties.  These limitations were  










               well known when the program was adopted.  The CSI program  
               was not funded nor were the authorized facilities sized to  
               a level that will serve all customer's needs.  The program  
               was provided with a limited amount of funding, for a  
               limited time, with a limit on capacity to jump-start the  
               solar industry and start to introduce customers to  
               self-generation.

               The intent of the CSI program was that the industry would  
               be stimulated and the price of solar would come down making  
               the application more affordable.  For high density housing  
               the CPUC is piloting a "virtual net metering" program as  
               part of its Multifamily Affordable Solar Housing program.   
               This pilot enables a multifamily housing owner to allocate  
               a solar system's benefits to tenants across multiple units.  
                If it is successful, the CPUC may consider making it  
               available to a broader range of CSI participants.

              5)   Ratepayer Impact  .  Some of the funds collected from  
               utility customers to fund CSI installations would be  
               redirected from applications on the customer's side of the  
               meter and not achieve the reduction in peak load sought  
               from the program.

              6)   Related Legislation  .  AB1947 (Fong) would permit POUs to  
               use CSI ratepayer funds for the installation of  
               utility-owned generation and count that generation toward  
               their CSI requirements.  Status: Set for hearing in the  
               Senate Energy, Utilities & Communications Committee June  
               29, 2010.
           

                                   ASSEMBLY VOTES

           Assembly Utilities & Commerce         9-3
          Assembly Appropriations             11-4
          Assembly Floor                     44-23


                                       POSITIONS
           
           Sponsor:
           
          Author











           Support:
           
          California Business Properties Association
          California Builders Association
          Solar Alliance


           Oppose:
           
          California Public Utilities Commission (unless amended)
          Pacific Gas & Electric
          Southern California Edison


          Kellie Smith 
          AB 2296   Analysis
          Hearing Date:  June 29, 2010