BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           32 (Negrete-McLeod)
          
          Hearing Date:  5/18/2009        Amended: 4/29/2009
          Consultant:  Bob Franzoia       Policy Vote: Energy 10-0
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          BILL SUMMARY: SB 32 would require the Public Utilities  
          Commission (PUC) to increase the 1.5 megawatts feed-in tariff  
          (FIT) to 3 megawatts and delete the requirement that the  
          generation facility be located on property owned or under the  
          control of the generator.  The PUC would be authorized to adjust  
          payments to reflect the value of the electricity and other  
          factors.  This bill would make other related changes.
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          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
           FIT proceeding and     $385       $294        $294      Special*
          monitoring                                              

          * Utilities Reimbursement Account
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          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.

          A FIT is a process for small, renewable generators e.g., rooftop  
          solar, to sell power to a utility at predefined terms and  
          conditions, without contract negotiations.  For investor owned  
          utilities (IOUs), the FIT operates as a "must take" contract in  
          its renewable portfolio.  That is, if the power is generated,  
          the IOU must take it.  FITs are available for systems sized up  
          to 1.5 megawatts for 10, 15, or 20 year contract periods.
          
          This bill proposes to increase the applicable facility size of  
          the FIT program, from 1.5 megawatts to 3 megawatts and to allow  
          the PUC to adjust the price, which would require ongoing  
          implementation of an expanded FIT program and a cost proceeding  
          to determine the tariff price.  This would require a new  
          proceeding and one half of an administrative law judge position  
          one time.  Due to the complexity involved in such an analysis  










          and implementation, the PUC is estimating it will need two  
          senior analysts and one junior analyst for the proceeding and  
          for implementation ongoing.

          The PUC would be required to establish a price based on the  
          current market price, and adjusted for other attributable of  
          renewable generation.  Additionally, this bill requires the PUC,  
          in consultation with the California Energy Commission, to  
          establish the cost of generation values and cost for each  
          technology.  This bill also allows the PUC to consider ratepayer  
          funded incentive payments previously received by the generator  
          when determining tariffs or standard offer contracts and  
          requires the PUC to consider the value for an electric  
          generation facility that generates electricity in a manner that  
          offsets peak power demand. 

          In addition, the PUC would be required to review and approve  
          FITs on an ongoing basis for the duration of the program.  In  
          consultation with the Independent System Operator, 
          Page 2
          SB 32 (Negrete McLeod)

          the PUC would be required to examine the impact on the  
          transmission and distribution grid and any effects on ratepayers  
          resulting from electric generation facilities operating pursuant  
          to a tariff or contract approved by the PUC pursuant to this  
          bill.  The PUC would also be required to establish performance  
          standards for any electrical facility with capacity greater than  
          1 megawatt to ensure those facilities generate expected annual  
          net production and do not impact system reliability.

          The salaries for the positions are as follows:

          Positions     Classification                                      
          Salary Midpoint          
          1             Public Utilities Regulatory Analyst 5      6,768 
          1             Public Utilities Regulatory Analyst 4      6,160 
          1             Public Utilities Regulatory Analyst 3      5,610 
           0.5           Administrative Law Judge             8,279 
           3.5                                          $384,342