BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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          |SENATE RULES COMMITTEE            |                  AB 1724|
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                                 THIRD READING


          Bill No:  AB 1724
          Author:   Pavley (D)
          Amended:  7/3/01 in Senate
          Vote:     21

           
           SENATE ENERGY, U.&C. COMMITTEE  :  7-2, 6/26/01
          AYES:  Bowen, Alarcon, Murray, Sher, Speier, Vasconcellos,  
            Vincent
          NOES:  Morrow, Battin

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  50-25, 6/5/01 -  See last page for vote


           SUBJECT  :    Reliable Electric Service Investments Act

           SOURCE  :     City of Santa Monica


           DIGEST :    This bill deletes existing law that is set to  
          begin January 1, 2002 providing that public entities are  
          not eligible to receive customer credits for the purchase  
          of renewable energy, and instead requires the Energy  
          Commission to establish a cap on the amount of funds which  
          may be awarded to public entities from the program that  
          provides customer credits for renewables.  The intent of  
          the cap is to assume adequate funding of credits for  
          residential and small commercial customers.

           ANALYSIS  :    Current law provides for a surcharge on  
          electric bills to pay for energy efficiency, renewable  
          energy, and research, development, and demonstration (RD&D)  
                                                           CONTINUED





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          projects.  The authority to impose this surcharge sunsets  
          on January 1, 2012.  As of January 1, 2002, public entities  
          aren't eligible to receive any customer credits for  
          renewable energy programs.
           
           This bill deletes the provision that prohibits, commencing  
          January 1, 2002, public entities from receiving customer  
          credits for renewables and, instead requires the commission  
          to establish a cap on the aggregate amount which may be  
          awarded to public entities under the program, to assure  
          adequate funding of credits for residential and small  
          commercial customers.
           
          Background
           
          The electric surcharge to pay for energy efficiency,  
          renewable energy, and RD&D projects was created in the  
          original electric restructuring legislation, AB 1890  
          (Brulte), Chapter 854, Statutes of 1996.  These activities  
          had always been supported through customer charges, but AB  
          1890 made those charges explicit, non-bypassable, and  
          established specific funding levels that were to be met  
          through a per kilowatt hour surcharge paid by all electric  
          customers, including public entities. 

          The public goods surcharge amounts to less than three  
          percent of an electricity customer's bill.  This surcharge  
          was initially established for four years and was scheduled  
          to end on December 31, 2001, prior to the enactment of SB  
          1194 (Sher), Chapter 1050, Statutes of 2000, and AB 995  
          (Wright), Chapter 1051, Statutes of 2000, made various  
          modifications to the programs and extended the authority to  
          impose the surcharge for ten years.
            
          The renewables portion of the surcharge is a $135 million  
          program administered by the California Energy Commission  
          (CEC) that has five components, including production  
          incentives to energy producers, customer education  
          programs, and customer credits for the use of renewable  
          energy.  Those credits are $0.01/kilowatt hour (kwh) and  
          are credited to all direct access customers.  The maximum  
          annual credit is $1,000 per meter with large customers  
          limited to an aggregate credit of $15 million out of the  
          total program component cost of $75 million.  About 100,000  







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          customers participate in the customer credit program, 4-16  
          percent of which are made up of local governments.  As part  
          of the agreement to extend the renewable program, SB 1194  
          and AB 995 specifically made public entities ineligible for  
          the customer credits.

           Comments  

           That Was Then, This Is Now  .  Last year, when the agreement  
          to extend the public goods surcharge for ten years and to  
          eliminate the ability of public entities to receive  
          customer credits was made, the decision was based in part  
          on the notion that local governments have other ways to  
          fund renewable energy programs.  Assuming that was the  
          case, the argument was there was no reason to permit public  
          entities to continue to draw from the fund and, worse yet,  
          allowing the subsidy to continue might crowd out other  
          potential recipients, such as residential customers who  
          would be more deserving of the subsidy.

          Because of the dysfunctional wholesale electric market, the  
          direct access market has, for the time being, effectively  
          dried up.  The market has led many customers to abandon  
          service and return to their regulated investor-owned or  
          municipal utility and has also led some direct access  
          providers to simply abandon their customers, forcing those  
          customers to go back to their default provider.  This has  
          reduced participation in the customer credit program by  
          half, from a peak of about 200,000 customers, and the  
          customer credit program won't use all of its budget this  
          year.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  7/16/01)

          City of Santa Monica (source)
          Berkeley City Council


           ASSEMBLY FLOOR  
          AYES:  Alquist, Aroner, Calderon, Canciamilla, Cardenas,  
            Cardoza, Chan, Chavez, Chu, Cohn, Corbett, Correa, Diaz,  







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            Dickerson, Dutra, Firebaugh, Florez, Frommer, Goldberg,  
            Harman, Havice, Horton, Jackson, Keeley, Kehoe, Koretz,  
            Liu, Longville, Lowenthal, Matthews, Migden, Nakano,  
            Nation, Negrete McLeod, Oropeza, Papan, Pavley, Reyes,  
            Salinas, Shelley, Simitian, Steinberg, Strom-Martin,  
            Thomson, Vargas, Wayne, Wesson, Wiggins, Wright,  
            Hertzberg
          NOES:  Aanestad, Ashburn, Bates, Bogh, Briggs, John  
            Campbell, Cogdill, Cox, Daucher, Hollingsworth, Kelley,  
            La Suer, Leach, Leonard, Leslie, Maddox, Mountjoy, Robert  
            Pacheco, Rod Pacheco, Pescetti, Richman, Runner,  
            Strickland, Wyland, Wyman

          NC:jk  7/17/01   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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