BILL ANALYSIS                                                                                                                                                                                                    





                                                                  AB 29 X1

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          GOVERNOR'S VETO
          AB 29 X1 (Kehoe)
          As Amended April 5, 2001
          2/3 vote
           
           
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          |ASSEMBLY:  |69-8 |(March 22,      |SENATE: |29-9 |(April 5,      |
          |           |     |2001)           |        |     |2001)          |
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          |ASSEMBLY:  |55-14|(April 5, 2001) |        |     |               |
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          Original Committee Reference:   REV. & TAX.  

           SUMMARY  :  Creates various energy efficiency programs through  
          existing delivery mechanisms at the California Energy Commission  
          (CEC) and California Public Utilities Commission (CPUC) and  
          provides some new programs through the California Conservation  
          Corps (CCC).  

           The Senate amendments  merge provisions of this bill and numerous  
          other Assembly bills (AB 40 X1 (Alquist), AB 42 X1 (Cedillo), AB  
          43 X1 (Correa), AB 66 X1 (Keeley), AB 83 X1 (Keeley) into a  
          package of energy efficiency measures with a reduced total  
          required appropriation of $408.65 million.  Makes provisions for  
          net metering and waiver of standby charges for solar or wind  
          customer-generators until January 1, 2003, unless extended by  
          statute.

          1)The merged programs have appropriations of: 

             a)   $50 million grant/loan program for low-income  
               individuals and small businesses to construct/retrofit  
               buildings to be more energy efficient;

             b)   $35 million time-of-use metering program for large  
               customers (200 kilowatts or more) and a $15 million pilot  










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               project at CPUC of real time metering for nonresidential  
               customers;

             c)   $50 million Small Business Energy Efficient  
               Refrigeration Loan Program;

             d)   $50 million augmentation to the existing State Energy  
               Conservation Assistance Account to provide loans and grants  
               to local governments for energy efficiency;

             e)   $15 million from the General Fund and $15 million from  
               Renewable Resource Trust Fund to augment Emerging Renewable  
               Resources Account to promote distributed generation; and,

             f)   $4.5 million to complete Southeast Geysers Power Plant.

          2)Other appropriations totaling  $199.15 million outside these  
            agencies are:

             a)   $40 million for Energy Renewable Loan Loss Reserve Fund  
               to guarantee loans for renewable projects;

             b)   $40 million for CCC) and $20 million to Department of  
               Community Services and Development (DCSD) to purchase,  
               distribute and install subcompact fluorescent lights and  
               other energy saving devices;

             c)   $25 million to California Alternative Energy and  
               Advanced Transportation Financing Authority for financial  
               assistance to public power entities, independent generators  
               and others to develop clean distributed generation;

             d)   $24 million to Department of Corrections (DOC) to  
               retrofit generation units to improve environmental  
               performance; and,

             e)   $25.15 million for the Proposition 98 Reversion Account  
               to community college districts for energy projects and a  
               one time grant for Community College League to establish a  
               statewide database of utility usage and conservation  
               planning.
           










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          AS PASSED BY THE ASSEMBLY  , this bill:

          1)Established new energy conservation programs and augmented an  
            existing program under the direction of CEC, and provides a  
            $200 million appropriation for these purposes.  

          2)Required CEC to:

             a)   Pay the costs of installation of an interval meter to a  
               small business that voluntarily reduces electricity  
               consumption by not less than 10% for one year following the  
               date of installation of the meter;

             b)   Administer a grant program for replacement of energy  
               inefficient appliances;

             c)   Administer a grant and loan program for eligible  
               construction retrofits, as prescribed; and,  

             d)   Administer a small business energy efficient  
               refrigeration loan program.

          3)Authorized CEC to adopt emergency regulations.

           FISCAL EFFECT  :  $408.65 million appropriation from the General  
          Fund and Proposition 98 Reversion Fund.

           COMMENTS  :  The Business Conservation Incentive Plan outlined in  
          this bill, includes a component to compel CEC to reimburse small  
          businesses for the cost of installation, up to $800 of an  
          interval meter, up to a cap of $25 million.  Cost recovery is  
          contingent upon the customer voluntarily reducing electricity  
          usage by 10% for one year following the date of installation of  
          the meter, subject to verification by CEC.  Interval meters  
          allow businesses to determine how much electricity they are  
          consuming, at fifteen-minute intervals.  Currently large retail  
          businesses, such as Target Stores, and Federated Department  
          Stores, have installed interval meters in their retail outlets,  
          with no compensation incentives directing them to do so.  The  
          meters allow the businesses to control consumption.  SB 5 X1  
          (Sher) also contains provisions relating to funding of interval  
          meters in its $70 million total allocation for demand responsive  










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          programs. 

          Interval meters are both a demand control measure which benefits  
          overall electricity supply (estimated 40 megawatts reduction in  
          total), and a cost control measure for businesses, large and  
          small, to reduce costs by reducing consumption.  Especially  
          where there is a prospect of tiered rate structuring, interval  
          meters allow electricity customers to identify their usage  
          during peak periods and to quantify their usage with regard to  
          baseline levels.  This bill directs CEC to establish a  
          low-interest loan program for small businesses to install energy  
          efficient refrigerator equipment.  

          This bill proposes opening a $50 million grant program  
          administered by CEC to cover 50% of the cost of purchase (up to  
          specified limits) of an energy efficient appliance (i.e., room  
          air conditioners, central air conditioners, refrigerators) for  
          qualified low-income persons.  Under this bill, CEC would be  
          required to work in cooperation with state agencies and  
          community-based organizations to open exchange centers.  Staff  
          at the exchange centers are to assist in the pick up of old  
          appliances and certify to CEC that the energy inefficient model  
          was or will be destroyed in an environmentally sounds manner.

          This bill directs CEC to establish a grant and low-interest loan  
          program for low-income persons and residential property owners  
          and small businesses to retrofit existing buildings with  
          energy-savings improvements.

          This bill provides for CPUC to establish a reasonable level of  
          baseline quantity for gas and electric service allowing for  
          variance for customers who are using both gas and electricity  
          and those who are primarily served by electricity in their  
          homes.  The measure also allows for additional accommodation  
          with baseline usage for customers with medical or other  
          specified additional energy needs.  The utilities must establish  
          baseline rates.

          Finally, this bill expands the existing definition of  
          customer-generators eligible for access to the electricity grid  
          on a standby basis and waives standby charges for eligible  
          customer-generators using solar or wind generation.  This bill  










                                                                  AB 29 X1

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          provides for terms under which net metering may be provided to  
          distributed generation customers and specifies obligations of  
          utilities to provide meters for customers under certain  
          conditions.


           GOVERNOR'S VETO MESSAGE  :

               I have signed Assembly Bill 29X with the following  
               line item vetoes and reductions to more closely align  
               the bill with my expenditure plan and to prioritize  
               conservation measures for this summer.  

               I am eliminating the following:

                     $25.15 million re-appropriation from the  
                 Proposition 98 Reversion Account to the Chancellor  
                 of the California Community Colleges for energy  
                 efficient projects and a statewide utility usage  
                 database.  These funds are already budgeted for  
                 other purposes and are required by law to be used by  
                 community colleges for educational purposes.

                     $20 million to the Department of Community  
                 Services and Development to supplement the  
                 Low-Income Housing Energy Assistance Program  
                 (LIHEAP).  $120 million has been provided for this  
                 program in SB 5X.

                     $50 million to the California Energy Commission  
                 (CEC) for loans and grants for construction and  
                 retrofit projects and $50 million to the CEC for the  
                 Small Business Energy Efficiency Refrigeration Loan  
                 Program.  These new programs require the  
                 establishment of administrative procedures and will  
                 not deliver peak reduction savings for this summer.

                     $24 million to the Department of Corrections to  
                 install systems to retrofit generating units.  These  
                 funds would not increase electricity supply or  
                 reduce demand.











                                                                  AB 29 X1

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                     $15 million to the Public Utilities Commission  
                 to fund a study of real-time meters.  This bill  
                 appropriates funds for the purpose and installation  
                 of these meters.

               In addition, I am reducing the following allocations:

                     From the funds allocated to the California  
                 Conservation Corps, reduce the allocation from $40  
                 million to $20 million for the Mobile Efficiency  
                 Brigade.  In order to achieve the most effective  
                 energy savings by this summer, I am directing the  
                 Conservation Corps to use these funds to purchase  
                 materials and mobilize crews to deliver high  
                 efficiency lighting to low-income residences.

               While I am signing this bill, it is my understanding  
               that the Legislature will enact subsequent legislation  
               to remove the mandate created by the Statewide Energy  
               Management Program.  I am also requesting subsequent  
               legislation to continuously appropriate the Renewable  
               Energy Loan Guarantee Program.  It is standard for  
               loan guarantee programs to be continuously  
               appropriated and not contingent upon the annual  
               budget.  As drafted, this bill removes the incentive  
               for banks to participate in this worthy program.

           
            Analysis Prepared by  :    Kelly Boyd / E. C. & A. / (916)  
          319-2083 


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