BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   AB 512|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 512
          Author:   Gordon (D)
          Amended:  7/12/11 in Senate
          Vote:     21

           
           SENATE ENERGY, UTILITIES & COMMUN. COMM. :  10-0, 06/21/11
          AYES:  Padilla, Fuller, Berryhill, Corbett, De Le�n, 
            DeSaulnier, Rubio, Simitian, Strickland, Wright
          NO VOTE RECORDED:  Pavley

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  70-0, 05/12/11 - See last page for vote


           SUBJECT  :    Local government renewable energy 
          self-generation program

           SOURCE  :     Author


           DIGEST  :    This bill increases the capacity of a powerplant 
          from 1 megawatt (MW) to 5 MW that would be eligible for a 
          local government program that allows a municipality to 
          generate electricity at one location to offset electricity 
          usage at another municipal location.  This bill does not 
          apply to an electrical corporation with 60,000 or fewer 
          customer accounts.

           ANALYSIS  :     Existing law requires electric corporations 
          (investor-owned utilities or IOUs) to allow local 
          governments and public college and university campuses to 
                                                           CONTINUED





                                                                AB 512
                                                                Page 
          2

          generate electricity from an eligible  renewable facility 
          at one site and transfer any available excess bill credits 
          (in dollars) to another account owned by the same local 
          government, college or university.  The program is capped 
          at 250 MW and divided proportionally between the state's 
          largest IOUs.  The facility size is capped at 1 MW per 
          account.  The program is commonly referred to as the 
          Renewable Energy Self-Generation Bill Credit Transfer 
          Program.  The renewable energy does not count toward the 
          state's Renewable Portfolio Standard which requires 
          electric utilities to obtain 33 percent of generation from 
          renewable resources by 2020.  

          This bill:

          1.Expands the definition of an eligible renewable 
            generating facility for the purposes of the program to 
            include a facility that has a generating capacity of no 
            more than 5 megawatts.

          2.Prohibits an electrical corporation from being required 
            to compensate a local government for electricity 
            generated from a facility in excess of the bill credits 
            applied to the designated benefiting account.

          3.Prohibits a local government from being eligible for any 
            other tariff or program that requires an electrical 
            corporation to purchase generation from an eligible 
            renewable generating facility participating in the 
            program.

          4.Exempts an electrical corporation with 60,000 or fewer 
            customer accounts from the program.  

          Background
           
          Under existing law there are several programs which 
          encourage customers to meet their own generation needs.  
          Each legislative year brings additional proposals to 
          facilitate different types of distributed generation and/or 
          different rate structures.  There is a common theme with 
          these programs - each generally involves a customer 
          installing small scale renewable power on the customer's 
          side of the meter to offset their load and in some 

                                                           CONTINUED





                                                                AB 512
                                                                Page 
          3

          instances generate excess power.  The distinction between 
          measures is usually the type of customer (e.g. local 
          government, agriculture, residential), the type of 
          renewable generation (e.g. solar, fuel cells, wind), the 
          size of the generation, and the regulated rate structure 
          under which the generation is valued.

          This program was implemented as a result of AB 2466 
          (Laird), Chapter 540, Statutes of 2008, and designed to 
          allow local government entities that could not fit or site 
          solar photovoltaic systems on their side of the meter to 
          site them in a nearby location but still receive credit for 
          the generation.  Because the generation is not on the 
          customer's side of the meter (and therefore not offsetting 
          the customer's own load) customers are not eligible for 
          full retail net metering and receive credit at the 
          generation rate.  The California Public Utilities 
          Commission concluded its implementation of the bill in 
          early 2010.  To date there are no customers participating 
          in the program.  

           Comments
           
          According to the author, this bill "satisfies the suggested 
          change in eligibility proposed by the 2010 Report from the 
          Assembly's Select Committee on the Green Economy.  This 
          suggested change was made in order to foster growth in 
          renewable energy development as part of a diverse and 
          integrated statewide strategy in reaching renewable 
          portfolio standards. An increasing number of local 
          government entities are exploring the potential of, or are 
          currently developing renewable generation projects with 
          generation capacities in excess of 1 MW.  This bill further 
          incentivizes the development of those renewable energy 
          projects."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  7/12/11)

          Association of California Water Agencies
          California Public Utilities Commission
          California State Association of Counties

                                                           CONTINUED





                                                                AB 512
                                                                Page 
          4

          City of Fresno
          City of San Jose
          City of Santa Rosa
          Inland Empire Utilities Agency
          Nanosolar
          Regional Council of Rural Counties
          Santa Clara Valley Water District
          Sonoma County Board of Supervisors

           OPPOSITION  :    (Verified  7/12/11)

          San Diego Gas and Electric
          Southern California Edison


           ASSEMBLY FLOOR  :  
          AYES:  Achadjian, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Chesbro, Cook, Davis, Dickinson, Donnelly, Eng, 
            Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, 
            Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall, 
            Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, 
            Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller, 
            Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, 
            Perea, V. Manuel P�rez, Silva, Skinner, Smyth, Solorio, 
            Swanson, Valadao, Wagner, Wieckowski, Williams, Yamada, 
            John A. P�rez
          NO VOTE RECORDED:  Alejo, Cedillo, Conway, Garrick, Gorell, 
            Roger Hern�ndez, Bonnie Lowenthal, Mitchell, Portantino, 
            Torres


          RM:nl  7/13/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****







                                                           CONTINUED