BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2450
                                                                  Page  1

          Date of Hearing:   April 23, 2012

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                     AB 2450 (Hall) - As Amended:  March 29, 2012
           
          SUBJECT  :  Electric Program Investment Charge: Clean Vehicle 
          Rebate Program

           SUMMARY  :  Requires the Public Utilities Commission (PUC) to 
          allocate $15 million to fund clean vehicle rebates.  
          Specifically,  this bill  :  

          1)Establishes the Clean Vehicle Rebate Program Fund (Fund) in 
            the State Treasury.  

          2)Requires the PUC to allocate $15 million from the Electric 
            Program Investment Charge (EPIC) to the Fund.  

          3)Authorizes the California Air Resources Board (CARB), upon 
            appropriation by the Legislature, to use monies in the Fund 
            for rebates in accordance with criteria established in CARB's 
            Clean Vehicle Rebate Project (CVRP) program.  

           EXISTING LAW  :   
           
          1)Provides the PUC with regulatory authority over public 
            utilities, including electrical corporations.  

          2)Required electric utilities to collect, until January 1, 2012, 
            a surcharge on bills based on electricity usage to fund energy 
            efficiency, renewable energy, energy research, development, 
            and demonstration.  

          3)Established, until January 1, 2012, specific minimum annual 
            collection amounts for the three largest investor-owned 
            utilities (Pacific Gas and Electric, Southern California 
            Edison and San Diego Gas and Electric) and provides for 
            adjustment according to the lesser of sales growth or 
            inflation:  

          4)Creates the Air Quality Improvement Program (AQIP) to fund air 
            quality improvement projects through 2015 funded by annual 
            vehicle smog abatement and vessel registration fees as well as 
            other, periodic supplements from the Public Interest Energy 








                                                                  AB 2450
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            Research (PIER) Program and other sources.  

          5)Authorizes that the CVRP to accelerate widespread 
            commercialization of zero emission vehicles (ZEVs) and plug-in 
            hybrid electric vehicles (PHEVs) by providing consumer rebates 
            to partially offset the higher cost of these advanced 
            technologies and to help meet California's climate change 
            goals.  

           FISCAL EFFECT  :  Unknown.  

           COMMENTS  :  By introducing this legislation, the author intends 
          to supplement funding for ZEV rebates.  To achieve this, the 
          author proposes to establish the Fund in the State Treasury and 
          require that the PUC allocate not less than $15 million from the 
          PUC's ratepayer-collected Electric Program Investment Charge 
          (EPIC) to the Fund.  This bill also authorizes CARB, upon 
          appropriation by the Legislature, to use the money for 
          distribution as ZEV rebates pursuant to CVRP program criteria.  

          In 2002, the PUC issued a resolution implementing the Public 
          Goods Charge (PGC) to fund three various programs such as energy 
          efficiency programs, research, development and demonstration 
          programs, and renewables programs.  The authorization to collect 
          PGC funds expired on January 1, 2012, and the Legislature failed 
          to pass a bill extending the sunset.  

          According to the sponsor, the Alliance of Automobile 
          Manufacturer's (Alliance), the PUC has administratively 
          continued PGC collection and bifurcated funding into two 
          programs.  The Alliance notes that revenue from these programs 
          amount to approximately $634 million annually.  

          This bill requires the PUC to allocate $15 million from its EPIC 
          program to the Fund.  The Alliance recently suggested, however, 
          that the EPIC may not be a suitable funding source and has 
          instead suggested utilizing PUC's energy efficiency program 
          funds.  

          According to the PUC, a public process is currently underway to 
          evaluate draft proposals regarding how EPIC monies should be 
          used.  The current schedule for this process calls for a variety 
          of public hearings through the spring and early summer with a 
          final decision by the PUC scheduled to occur in August.   
          According to the PUC, a key issue for consideration in public 








                                                                  AB 2450
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          process is ensuring that funds are allocated for activities that 
          offer clearly defined ratepayer benefits.  

          According the Alliance, CARB's CVRP needs at least $60 million 
          annually in the foreseeable future to provide enough rebates to 
          meet the state's ZEV mandate.  By allocating PUC monies into the 
          Fund (which is separate from the CVRP but utilized for the same 
          purpose) rebates for ZEVs could continue despite expiration of 
          AB 118 funding for the CVRP on January 1, 2016 for AQIP.  

          Writing in opposition to this bill, the Pacific Gas and Electric 
          Company (PG&E) points out that AB 2450 would prejudge the 
          outcome of the PUC's proceedings to balance competing interests 
          and select the best possible use of ratepayer funds.  PG&E 
          contends that it is unfair to utility customers who deserve the 
          potential benefits of other services to have those options 
          precluded if AB 2450 passes.  

           Committee concerns  :  Based on discussions with PUC, the Alliance 
          suggests that EPIC may not be an appropriate funding source for 
          the Fund.  Instead, the Alliance suggests that the PUC's energy 
          efficiency program funding may be more appropriately allocated 
          for clean air vehicle rebates.  The committee recommends that 
          the author and sponsor continue to work with the PUC with regard 
          to potential funding sources that may be suitable to meet the 
          bill's objectives without unduly impacting or otherwise 
          prejudging the PUC's ongoing proceedings.  

           Related legislation  :  AB 1608 (Wiecowski) of 2012, would 
          incentivize the purchase of zero emission vehicles (ZEVs) 
          manufactured in California by increasing buyer rebates by 20% 
          over rebates for similar vehicles manufactured outside of 
          California.  That bill failed passage in the Assembly 
          Transportation Committee with reconsideration granted.  

           Previous legislation:  
           
          AB 1303 (Williams) of 2011 would have extended the sunset date 
          from 2012 to 2020 on the Public Goods Charge (PGC) for public 
          interest energy activities and the programs funded by the 
          Renewable Resources Trust Fund (RRTF).  That bill died in the 
          Senate.  

          AB 723 (Bradford) of 2011  would have extended the the Public 
          Goods Charge until January 1, 2020, leaving in place existing 








                                                                  AB 2450
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          allocations and reprogramed the energy efficiency program 
          currently implemented by the CPUC.  That bill died in the 
          Senate.  

          SB 35 (Padilla) of 2011 would have repealed the California 
          Energy Commission's (CEC) Public Interest Energy Research 
          Program (PIER) and Renewable Energy Program (REP), as well as 
          the "public goods charge" and established the California Energy 
          Research and Technology Program (CERT) for the purpose of 
          funding energy-related research, development, and demonstration 
          (RD&D), but provides no funding.  That bill died in the 
          Assembly.  

          SB 410 (Wright) of 2011 would have extended the sunset of the 
          Public Interest Energy Research Program to 2022.  That bill died 
          in the Senate.  

           REGISTERED SUPPORT / OPPOSITION  :  

           Support 
           
          Alliance of Automobile Manufacturers (sponsor)

          Opposition 
           
          Pacific Gas and Electric Company
           

          Analysis Prepared by  :   Victoria Alvarez / TRANS. / (916) 319- 
          2093