BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2724
                                                                  Page  1

          Date of Hearing:  April 21, 2010

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                 AB 2724 (Blumenfield) - As Amended:  April 19, 2010
           
          SUBJECT  :  Governmental Renewable Energy Self-generation Program

           SUMMARY  :  Expands the Local Government Renewable Energy  
          Self-generation Program and the California Solar Initiative  
          (CSI) to include executive state government agencies, which  
          would be eligible for monetary incentives for large solar  
          generation projects.

           EXISTING LAW  :

          1)Establishes that the California Public Utilities Commission  
            (PUC) has regulatory authority over public utilities,  
            including electrical corporations.  

          2)Requires the California Energy Commission (CEC) to expand and  
            accelerate development of alternative sources of energy,  
            including solar resources.

          3)Requires the CEC to develop and adopt regulations governing  
            solar devices, as defined, designed to encourage the  
            development and use of solar energy and to provide maximum  
            information to the public concerning solar devices.

          4)Establishes energy efficiency as a priority in the procurement  
            of new energy generation for all utilities, second only to  
            energy use reduction.

          5)Creates the California Solar Initiative (CSI), a $3.3 billion  
            declining rebate program to offset the cost of installing  
            solar panels on homes, businesses, and public buildings.  

             a)   In order to be eligible for CSI rebates, among other  
               requirements, the solar energy project must be intended to  
               primarily offset part or all of the consumer's own  
               electricity demand, be no greater than one megawatt (MW) in  
               electrical generation capacity and not produce more  
               electricity than the customer's historic peak demand.  

             b)   The CSI goal is a total of 3,000 MW of installed  








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               photovoltaic generated power by 2017.  

          6)Establishes the Local Government Renewable Energy  
            Self-generation Program (local program) that authorizes a  
            local government, as defined, to receive a bill credit in  
            exchange for electricity exported to the electrical grid from  
            an eligible renewable generating source, and establishes a  
            rate tariff for the account receiving the credit.  The program  
            requires investor owned utilities (IOUs) to offer customers  
            with solar or wind generation that is no larger than one MW in  
            size, a net-metered tariff where the customer can sell back  
            electricity produced from the solar or wind facility that  
            exceeds that customer's demand at that moment in time.  

             a)   Caps the percentage of an electric utility's peak load  
               that may be provided by customers operating solar or wind  
               systems under a net-energy meeting tariff at five percent.

             b)   Removes an IOU's obligation to administer a net-metering  
               tariff to customers when the associated total statewide  
               solar-generated energy capacity in the local program  
               reaches 250 MW.

             c)   Requires that, in order to be eligible for the  
               net-metering tariff, the electrical generating system must  
               be located on the customer's property.

           THIS BILL  :

          1)Establishes a Renewable Energy Self-generation Program for  
            state agencies (state program) based on the existing Local  
            Program.

          2)Removes an IOU's obligation to administer a net-metering  
            tariff to customers when the associated statewide  
            solar-generated energy capacity threshold in the state program  
            reaches 500 MW.

          3)Authorizes a state agency customer to receive a bill credit  
            for renewable energy it generates and exports onto the  
            electrical grid.

          4)Increases the maximum size of the solar-generating facility  
            eligible for monetary incentive awards through the CSI from  
            one MW to five MW.








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          5)Establishes that, in implementing the CSI, the PUC shall not  
            allocate more than one-half of one percent (0.005) for  
            eligible state renewable generating facilities that are larger  
            than one MW in capacity, with the actual rate determined by  
            the PUC on a per project basis.

          6)Establishes that, in order for a state agency to qualify for  
            the state program, the PUC or the California Independent  
            System Operator (CAISO), as applicable, must approve  
            interconnection of the facility the distribution or  
            transmission system.  

          7)Establishes that IOUs shall own all renewable energy credits  
            associated with all electricity generated by participating  
            state facilities, whether exported to the grid or utilized  
            onsite.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :

           1)Renewable Energy Self-Generation Program for government  
            customers.   According to the current Local Governmental  
            Renewable Energy Self-Generation Program requirements, a local  
            renewable generation facility is eligible if the facility  
            meets the requirements of the California Renewables Portfolio  
            Standard Program, among others.  Currently, the local  
            government is responsible for all costs associated with  
            interconnection with the distributed electrical grid, and  
            until the cumulative 250 MW threshold is reached, an IOU is  
            required to provide the net-metering tariff (bill credit) to  
            the local government customer.  

             According to the author, all costs associated with  
            interconnection of the facility with the grid are the  
            responsibility of a state agency, where the meaning of  
            interconnection remains consistent.  Recent amendments  
            require, in order for a state agency to qualify for the  
            net-metering program, the PUC must provide approval to allow  
            the facility to interconnect with the distribution system or  
            the CAISO must provide approval to allow the facility to  
            interconnect with the transmission system.  This amendment was  
            taken in order to address the concern of the CAISO of the  
            effect of a large addition of unscheduled power onto the grid  








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            and its effect on grid reliability.

           2)California Solar Initiative financial incentive eligibility.    
            The CSI program currently has a remaining budget of $2.167  
            billion over 10 years, with the goal of reaching 1,940 MW of  
            installed solar capacity, part of the state goal of adding  
            3,000 MW of installed solar-generated electricity.  Due to the  
            current one MW generation capacity limit, the CSI program  
            essentially limits itself to existing single-family homes, new  
            single-family homes, agricultural operations, commercial  
            buildings, industrial buildings, local government buildings,  
            non-profit organizations, and the solar schools program.  The  
            CSI program provides declining monetary incentives through  
            rebates for the installation of the individual electrical  
            generation systems either with an expected performance-based  
            buy down, which is a one-time payment, or with a  
            performance-based incentives system with payments from the  
            utility company to the consumer over a period of five years,  
            the amount of which is based on performance.   

             Currently, if a customer installs a CSI-eligible system of  
            more than one MW of capacity, they are eligible to receive CSI  
            rebates for the first MW only.  Recent amendments to the bill  
            indicate that in implementing the CSI, the PUC shall not  
            allocate more than one-half of one percent (0.005) for  
            eligible state renewable generating facilities that are larger  
            than one MW in capacity, and that the PUC shall determine this  
            amount for each eligible state renewable generating facility.   
            This language suggests that, unless the PUC directs otherwise,  
            all CSI eligible projects greater than one MW in capacity will  
            receive rebates that are subject to this flat rate for the  
            entire project, rather than having the first MW rebated  
            differently.  This provision was added to address the concern  
            that, with the inclusion of monetary rebates awarded to larger  
            facilities, since a generation capacity of five MW is able to  
            serve the electrical load of approximately 3,500 single family  
            homes, the CSI fund would be depleted at a much faster rate  
            and therefore be more limited for use in smaller generation  
            operations such as single family homes, for which the  
            initiative was originally intended.

           3)Bill leaves most state buildings out.   The process created by  
            this bill to enable state agency utility customer to receive a  
            bill credit for excess energy produced by large solar projects  
            is available to customers of IOUs, but not POUs.  Therefore,  








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            state buildings located in Sacramento County (SMUD), the City  
            of Los Angeles (LADWP), and other areas served by POUs will  
            not be eligible.   The author and the committee may wish to  
            consider  whether the bill should be amended to include a  
            similar bill credit process for state agency customers of  
            POUs.

           4)Treatment of renewable energy credits is arbitrary and  
            inconsistent with existing related statutes.   Recent  
            amendments provide that the utility shall own  all  renewable  
            energy credits (RECs) for  all  electricity generated, whether  
            exported or used onsite.  This is a different standard than  
            applies to the existing Local Program, as well as the  
            net-metering program for smaller customer-owned solar  
            projects.  These existing programs provide that any RECs  
            associated with net surplus electricity purchased by the  
            utility belong to the utility. However, any RECs associated  
            with electricity that is utilized by the customer remain the  
            property of the customer.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Department of General Services (sponsor)

           Opposition 
           
          None on file
           

          Analysis Prepared by  :  Jessica Westbrook / NAT. RES. / (916)  
          319-2092