BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 723
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 723 (Bradford)
          As Introduced  February 17, 2011
          2/3 vote 

           UTILITIES & COMMERCE          10-0                  
          APPROPRIATIONS      12-5        
          
           ----------------------------------------------------------------- 
          |Ayes:|Bradford, Buchanan, Fong, |Ayes:|Fuentes, Blumenfield,     |
          |     |Fuentes, Furutani, Roger  |     |Bradford, Charles         |
          |     |Hern�ndez, Huffman, Ma,   |     |Calderon, Campos, Davis,  |
          |     |Skinner, Swanson          |     |Gatto, Hall, Hill, Lara,  |
          |     |                          |     |Mitchell, Solorio         |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :   Extends the sunset date on the public goods charge 
          (PGC) for energy efficiency from 2012 to 2016.  The electricity 
          PGC is a nonbypassable surcharge imposed on all retail sales to 
          fund public goods research, development and demonstration 
          (RD&D), and energy efficiency activities. 

           FISCAL EFFECT  :   According to Assembly Appropriations Committee, 
          this bill will result in the annual collection and expenditure 
          of at least $365 million from 2012 through 2016 from ratepayers 
          of the state's major investor-owned utilities (Pacific Gas and 
          Electric, Southern California Edison and San Diego Gas and 
          Electric) and a proportional amount from the customers of the 
          state's municipal electric utilities, such as the Los Angeles 
          Department of Water and Power.

           COMMENTS  :

           1)Background  :  AB 1890 (Brulte), Chapter 854, Statutes of 1996, 
            deregulated the electricity industry.  When AB 1890 was being 
            debated to deregulate the California electricity industry, 
            there was concern that under a perfectly competitive market 
            structure, the utilities would not have incentive to invest in 
            research, unless the research resulted in technological 
            breakthroughs.  If the research resulted in success, there was 
            concern that the utility-funded research may remain 
            proprietary, provide the utility a competitive advantage, and 






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            would not benefit all California ratepayers.  On the other 
            hand, if a utility needed to compete for customers it might 
            choose to keep its costs as low as possible and not take the 
            risk of investing in research.  To ensure research continued 
            to be funded to the benefit of the "public interest," AB 1890 
            required ratepayers to fund a variety of system reliability, 
            in-state benefit, and low-income customer programs at 
            specified levels from 1998 through 2001.  This funding was 
            intended to ensure that these "public goods" programs 
            continued in the restructured electric industry.

          2)The electricity PGC funds three primary programs:  1) Public 
            Interest Energy Research (PIER)--$62.5 million annually, 
            administered by the California Energy Commission (CEC); 2) 
            Renewable Energy Program --$65.5 million annually, 
            administered by CEC; and, 3) Energy Efficiency--$228 million 
            annually, retained by IOUs with PUC oversight. The statute 
            allows for these amounts to be adjusted annually at a rate 
            equal to the lesser of the annual growth in electric commodity 
            sales or inflation.

           3)PIER  :  Utilities collect at least $62.5 million per year for 
            CEC to administer PIER program.  SB 1250 (Perata), Chapter 
            512, Statutes of 2006, requires PIER to focus on:  1) advanced 
            electricity generation including systems that generate a dual 
            use from electricity; 2) climate change and the environment; 
            3) energy efficiency and demand-response strategies that serve 
            to reduce customer demand; 4) renewable energy; and, 5) 
            transmission and distribution of power.  An additional focus 
            includes transportation-related research.  

           4)Renewable RD&D :  The legislative goals of Renewable RD&D 
            program have been to increase the amount of electricity 
            generated from eligible renewable energy resources per year.  
            In addition, current statute requires the Renewable RD&D 
            program to optimize public investment and ensure that the most 
            cost-effective and efficient investments in renewable 
            resources are strongly pursued.  

           5)Renewable Resources Trust Fund (RRTF)  :  Under current law, 
            RRTF program is divided into three purposes with 20% of funds 
            allocated to the Existing Renewables program; 79% to the 
            Emerging Renewables Program; and, 1% to Consumer Education.  
            CEC also funds administrative overhead associated with its 
            costs related to the Renewables Portfolio Standard Program.  







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           6)Energy Efficiency Program (EE)  :  This program is authorized by 
            PUC and administered 
            by IOUs.  Every year, PUC approves each utility's plan for 
            efficiency programs, which the utility then carries out within 
            its service territory.  EE program objectives are to:  1) 
            leverage private investments in EE with ratepayer funds to 
            encourage a market for EE goods and services; 2) provide 
            customers with financial incentives and rebates to adopt EE 
            technologies; 3) provide information on the costs and benefits 
            of EE measures; 4) reduce market barriers to investments in EE 
            products and services; and, 5) support the creation of a 
            sustainable and competitive EE market.

           7)Related legislation  : This bill is substantially similar to AB 
            1303 (Williams) which aims to 
            extend the sunset date for PIER program and funding for the 
            programs funded by RRTF from 2012 to 2020.


           Analysis Prepared by  :    DaVina Flemings / U. & C. / (916) 
          319-2083 


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