BILL ANALYSIS                                                                                                                                                                                                    �          1





                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                 ALEX PADILLA, CHAIR
          

          AB 2249 -  Buchanan                               Hearing Date:  
          July 3, 2012               A
          As Amended:         May 25, 2012             FISCAL       B

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                                      DESCRIPTION
           
           Current law  establishes the California Solar Initiative (CSI), a 
          $3.6 billion program which provides incentives for the 
          installation of solar photovoltaic (PV) and solar thermal 
          systems for customers of the state's investor-owned utilities 
          (IOUs) and publicly owned utilities (POUs).  The measure 
          allocated $100.8 million for solar thermal technologies that 
          displace electric use.
           
          Current law  establishes the Solar Water Heating and Efficiency 
          Act of 2007 to provide incentives for customers of IOUs to 
          displace their natural gas use by installing solar water heating 
          (SWH) systems under the California Solar Initiative-Thermal 
          (CSI-Thermal) program and funded by $250 million in ratepayer 
          surcharges.

           Current law  defines "solar water heating systems" as any solar 
          energy device that has the primary purpose of reducing demand 
          for natural gas through water heating, space heating, or other 
          methods of capturing energy from the sun to reduce natural gas 
          consumption in a home, business, or any building receiving 
          natural gas that is subject to the surcharge and that meets or 
          exceeds the eligibility criteria and specifically excludes solar 
          pool heating systems.

           This bill  expands the definition of solar water heating systems 
          eligible to receive incentives under the CSI-Thermal program to 
          include multifamily residential, governmental, educational, and 
          nonprofit solar pool heating systems.












           Current law  expresses legislative intent that the solar thermal 
          incentives be a cost-effective investment by non-participating 
          gas customers to customers who pay for this subsidy through 
          their rates.

           This bill  eliminates the requirement that the investment be 
          cost-effective to ratepayers and instead expresses legislative 
          intent that the program participants benefit from reduced solar 
          systems prices.

                                      BACKGROUND
           
          California Solar Initiative (CSI) - In January 2007, the CPUC 
          launched the CSI, a $2.16 billion ratepayer-funded incentive 
          program with a goal of installing 1,940 megawatts (MW) of new 
          solar generation and creating a sustainable solar industry by 
          2016.   

          In early 2006, the Commission, in collaboration with the 
          California Energy Commission, established the California Solar 
          Initiative (CSI), a $2.5 billion incentive program to promote 
          solar development through 2016, to be funded from the 
          distribution rates of gas and electric ratepayers.  At that 
          time, the CPUC stated its intent to consider incentives for 
          solar water heating (SWH) as part of the CSI program, and 
          directed San Diego Gas & Electric Company (SDG&E) to contract 
          with California Center for Sustainable Energy (CCSE) to 
          administer a pilot program for SWH incentives in the SDG&E 
          territory.  Subsequently, with the passage of Senate Bill (SB) 1 
          in August of 2006, funds for CSI were limited to $2.16 billion 
          and could no longer be collected from gas ratepayers.  At the 
          same time, SB 1 included a provision allowing $100.8 million of 
          total CSI funds to be used for incentives for solar thermal 
          technologies, such as SWH.  With CSI funding now limited to 
          collections from electric ratepayers, the CPUC concluded that 
          although CSI would include as part of its total budget $100.8 
          million for incentives to solar thermal technologies, CSI should 
          only pay incentives to solar thermal technologies that displace 
          electric usage.

          The SWH pilot in the SDG&E territory, budgeted at $3 million, 
          was allowed to proceed to provide useful information on SWH 
          incentives in general.  In February 2007, the CPUC approved the 
          SWH pilot budget of $2.59 million and the pilot began operation 










          in the SDG&E territory, with a scheduled end date of December 
          31, 2008.  The CPUC later extended the pilot to December 31, 
          2009 or until the budget was exhausted, whichever occurs first.

          In late 2007, the legislature adopted AB 1470 (Huffman) which 
          authorized the creation of a $250 million incentive program to 
          promote the installation of 200,000 SWH systems in homes and 
          businesses that displace the use of natural gas by 2017.  The 
          statute required the CPUC to evaluate data from the SWH pilot 
          and determine whether an SWH program was "cost effective for 
          ratepayers and in the public interest" before designing and 
          implementing an incentive program for gas customers.

          In early 2010 the CPUC established the CSI Thermal Program to 
          provide incentives to promote the installation of solar water 
          heating systems in the territories of PG&E, SCE, SDG&E), and 
          Southern California Gas Company (SoCalGas). The CSI Thermal 
          Program was funded by $250 million in collections from gas 
          ratepayers, pursuant to AB 1470 and up to $100.8 million in CSI 
          for solar thermal projects such as SWH.  Monies collected under 
          AB 1470 from gas ratepayers fund incentives to SWH that displace 
          natural gas usage, while funds collected through CSI from 
          electric ratepayers will fund electric displacing solar water 
          heating systems.  The single-family residential program was 
          launched in May 2010, the commercial/multi-family program in 
          October 2010, and the low-income program in March 2012. 

          Program Goals - The CSI-Thermal Program is designed to 
          significantly increase the adoption rate of SWH technologies in 
          the California marketplace. The program strategy and design 
          principles are intended to address the barriers to growth, 
          namely installation costs, lack of public knowledge about SWH, 
          permitting costs and requirements, and a potential shortage of 
          experienced installers. The primary goals of the CSI-Thermal 
          Program include the following: 1) Significantly increase the 
          size of the SWH market in California by increasing the adoption 
          rate of SWH technologies; 2) Support reductions in the cost of 
          SWH systems of at least 16 percent through a program that 
          increases market size and encourages cost reductions through 
          market efficiency and innovation; 3) Engage in market 
          facilitation activities to reduce market barriers to SWH 
          adoption, such as high permitting costs, lack of access to 
          information, and lack of trained installers; and 4) Increase 
          consumer confidence and understanding of SWH technology and its 










          benefits. 



                                       COMMENTS
           
           
               1.     Author's Purpose  . The author reports that "AB 2249 
                 will include non-residential solar pool heating systems 
                 in the types of solar water heating systems eligible to 
                 receive installation incentives as part of the existing 
                 California Solar Initiative (CSI) Thermal Program. AB 
                 2249 will help encourage the installation of solar hot 
                 water systems by expanding the current program to include 
                 non-residential pools. This will remove the upfront cost 
                 barriers that currently prevent municipalities, schools 
                 and non-profits from using solar to heat their swimming 
                 pools. Budget cuts have severely impacted schools and 
                 municipalities and pool closures are becoming the norm. 
                 Solar heating systems can significantly lower the 
                 astronomical operating costs associated with heating 
                 swimming pools. These cash-strapped organizations would 
                 benefit from significant savings associated with heating 
                 their pools while also greatly reducing their emissions 
                 of greenhouse gases and other criteria pollutants." 

                2.     A Languishing Program  . The primary goals of the 
                 CSI-Thermal Program include installing natural 
                 gas-displacing systems that displace 585 million therms 
                 (equivalent to 200,000 single-family residential systems) 
                 and installing electric-displacing SWH systems that 
                 displace 275.7 million kilowatt hours (kWh) per year 
                 (equivalent to 100,800 single-family residential 
                 systems). 

                 Since program inception, 488 projects have been completed 
                 for a total cost of approximately $9.7 million. 
                 Administration, Market Facilitation, and Measurement & 
                 Evaluation costs totaled more than $5.7 million, whereas 
                 incentives paid to program participants totaled $3.99 
                 million. These figures demonstrate the ineffectiveness of 
                 the program thus far. According to the sponsor, CALSEIA, 
                 the program's weakness can be attributed to the lack of a 
                 marketing campaign. The CPUC reports that a state-wide 










                 marketing campaign launched on April 16, 2012, but the 
                 effects of the marketing campaign are unknown.  To ensure 
                 funds are fully utilized this bill expands program 
                 eligibility to include swimming pools in non-residential 
                 and non-commercial buildings and multi-family dwellings.  
                 To date more program funds have been spent on 
                 administrative expenses than technology incentive 
                 payments.  This bill would require the CPUC to spend yet 
                 more money on program administration to develop program 
                 incentive payments and other program requirements with an 
                 unknown result in participation.

                3.     Fundamental Issues  .  According to the author, funds 
                 established by the CSI-Thermal program have remained 
                 largely unused for several reasons: First, natural gas 
                 rates have remained at historically low rates in recent 
                 years, creating little incentive for ratepayers to invest 
                 in gas displacing alternatives. Second, solar water 
                 heating has not enjoyed large federal tax subsidies and 
                 the ease of financing that exists for the solar PV 
                 market. The CPUC cites a lengthy permitting process and 
                 installation/maintenance costs associated with solar as 
                 deterrents for many customers. Lastly, the sponsor cites 
                 an overall lack of awareness for the CSI-Thermal program 
                 caused by the slow uptake of a marketing campaign. The 
                 program expires in 2017 and currently has an unspent 
                 balance of approximately $240 million in the gas thermal 
                 program.

                4.     SWH Pool System Costs  .  Cost recovery for installing 
                 solar water heating systems occurs in 4-8 years and 
                 certified systems are guaranteed to last 20-25 years. 
                 Installing an SWH system on an average competition-size 
                 pool in California is expected to result in savings of 
                 $20,000 to $30,000 in operating costs annually, along 
                 with reduced greenhouse gas emissions. Even without an 
                 incentive, installing solar water heating systems on 
                 pools is cost-effective for most business, non-profits, 
                 and educational facilities. As is, ratepayers are 
                 subsidizing a step that facilities could already be 
                 taking to achieve cost-effectiveness and best practice. 
                 Due to the current condition of school budgets, it is 
                 possible that even with incentives many schools will be 
                 unable to afford the upfront costs required to install 










                 solar water heating systems.

                5.     Ratepayer Impact  . This bill eliminates legislative 
                 intent that systems be cost-effective for all ratepayers. 
                 Striking this requirement is inconsistent with other 
                 market support programs at the CPUC which require 
                 ratepayer benefit such as the Self Generation Incentive 
                 program and energy efficiency programs. The Division of 
                 Ratepayer Advocates has expressed its opposition to 
                 eliminating the cost-effective requirement recommends 
                 that it be reinstated noting that "current law 
                 appropriately recognizes that such incentives should be a 
                 cost-effective investment to nonparticipating customers 
                 who pay for this subsidy through their rates."  The 
                 committee may wish to consider amendments that reinstate 
                 the requirement that the program be cost-effective.

                6.     Clarifying Amendments  . The 2007 legislation 
                 establishing SWH incentives for system that displace gas 
                 use required a pilot project before it was expanded 
                 statewide which has been completed.  This bill retains 
                 the pilot project language and therefore the bill could 
                 be interpreted as requiring a pilot program for the 
                 inclusion of SWH for pools.  To ensure that the pilot 
                 program is not mandated again, the committee may wish to 
                 consider amendments to strike this provision from current 
                 law. 

                                    ASSEMBLY VOTES
           
          Assembly Floor                     (69-9)
          Assembly Utilities and Commerce Committee (14-0)
          Assembly Appropriations Committee  (17-0)

                                           


                                      POSITIONS
           
           Sponsor:

           California Solar Energy Industries Association

           Support:










           
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          |                                               |                 |
          |All Valley Solar, Inc.                         |                 |
          |AMECO Solar                                    |                 |
          |Aquatherm Industries                           |                 |
          |Aztec Solar, Inc.                              |                 |
          |California Park & Recreation Society           |                 |
          |California State Association of Electrical     |                 |
          |Workers                                        |                 |
          |California State Pipe Trades Council           |                 |
          |City of Sacramento                             |                 |
          |City of Santa Monica                           |                 |
          |Coalition for Adequate School Housing          |                 |
          |Coalition of California Utility Employees      |                 |
          |County School Facilities Consortium            |                 |
          |East Bay Municipal Utility District            |                 |
          |Environment California                         |                 |
          |FAFCO Solar Water Heating                      |                 |
          |Los Angeles Unified School District            |                 |
          |Pacific Gas and Electric Company               |                 |
          |School Energy Coalition                        |                 |
          |Sierra Pacific Home & Comfort, Inc.            |                 |
          |Skyline Innovations                            |                 |
          |Solar Electrical Systems                       |                 |
          |Sun Light & Power                              |                 |
          |Suntrek Industries, Inc.                       |                 |
          |UMA Solar                                      |                 |
          |Western States Council of Sheet Metal Workers  |                 |
          |                                               |                 |
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           Oppose:
           
          Division of Ratepayer Advocates, unless amended

          





          Erlin Sweeney and Kellie Smith 
          AB 2249 Analysis
          Hearing Date:  July 3, 2012