BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          SB 370 (Blakeslee)
          
          Hearing Date: 01/19/2012        Amended: As introduced
          Consultant: Brendan McCarthy    Policy Vote: EU&C 10-1
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          BILL SUMMARY: SB 370 permits agricultural electricity customers 
          who have installed solar or wind generation systems to aggregate 
          the electricity use of adjacent properties, in order to use the 
          excess generation from solar or wind systems to offset all of 
          the customer's electricity costs.
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                            Fiscal Impact (in thousands)

           Major Provisions         2011-12      2012-13       2013-14     Fund
           
          Public Utilities Commission                   $155      Special 
          *
             rulemaking

          Increased energy costs to         Unknown               Various
             state agencies

          * Public Utilities Commission Utilities Reimbursement Account.
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          STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
          
          Under current law, investor owned utilities and publicly owned 
          utilities (except the Los Angeles Department of Water and Power) 
          are required to credit any excess electricity generated by a 
          customer's solar or wind energy system against the customer's 
          electricity bill. In essence, this system allows a customer's 
          meter to spin backward when generation exceeds the customer's 
          use. This is referred to as "net energy metering". The amount of 
          net energy metering for each utility is capped at five percent 
          of the utility's aggregate peak energy demand. Under AB 920 
          (Huffman, 2009), net energy metering customers are allowed to 
          roll over excess generation credits (in other words, the 
          customer generated more electricity in a twelve month billing 
          cycle than the customer used) or the customer may be compensated 








          SB 370 (Blakeslee)
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          for his or her excess electricity generation. The Public 
          Utilities Commission is in the process of determining the rates 
          at which customers will be compensated for excess generation.

          SB 370 allows a net energy metering customer that owns multiple 
          adjacent or contiguous agricultural properties to aggregate the 
          electricity usage of those properties in order to offset the 
          customers electricity costs with any excess electricity 
          generated from the customer's solar or wind system. (Oftentimes, 
          agricultural customers will have several different meters for 
          equipment such as irrigation pumps that are spread across one or 
          more properties.) The bill prohibits agricultural net energy 
          metering customers that have aggregated their load across 
          multiple meters from receiving compensation for excess 
          generation under AB 920.

          The Public Utilities Commission indicates that it will cost 
          about $155,000 to institute a rulemaking to establish rules to 
          implement the requirements of the bill.

          In addition to the direct costs of this bill (or any bill 
          dealing with net energy metering) there are potential costs to 
          other ratepayers, of which the state makes up a large share. By 
          allowing customers to offset their electricity bills with their 
          own generation, current law essentially allows customers to sell 
          their electricity to their utility at the retail rate. However, 
          it is important to note that the retail cost of electricity is 
          made up of more than the cost of generating electricity. In 
          addition to the generation costs, retail rates include the costs 
          to construct and maintain the transmission and distribution 
          system, costs of public benefit programs, subsidies for low 
          income customers, and other taxes and fees. When a net energy 
          metering customer reduces his or her electricity bill to zero or 
          generates excess electricity, the customer avoids paying these 
          costs, even though most net energy metering customers draw 
          electricity from the grid at off-peak times and benefit from 
          public purpose programs. Thus, net energy metering customers are 
          subsidized by all other ratepayers. A recent study by the Public 
          Utilities Commission indicates that net energy metering 
          customers (in the aggregate) are subsidized in the amount of 
          about $20 million per year (the aggregate subsidy is probably 
          closer to $40 million today). When the state reaches its 
          existing goal of 2,550 megawatts of installed solar (under the 
          California Solar Initiative), the ratepayer subsidy for net 








          SB 370 (Blakeslee)
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          energy metering is projected to be about $140 million per year.

          By allowing agricultural users to aggregate their electricity 
          usage and offset that usage with their solar or wind generation, 
          the bill will allow net energy metering customers to offset more 
          of their electricity usage. This will increase the subsidies 
          paid by other ratepayers. The scope of this impact on ratepayers 
          is unknown. Staff notes that state agencies account for about 
          1.4 percent of total electricity use in the state, thus state 
          agencies are expected to pay about 1.4 percent of the increased 
          ratepayer costs from net energy metering under the bill.


          AB 51 (Blakeslee, 2010) was substantially similar to this bill. 
          AB 51 was held on this committee's suspense file.

          The proposed author's amendments rewrite the provisions of the 
          bill to conform to changes made in the codes by SB 489 (Wolk, 
          2010).