BILL ANALYSIS AB 2228 Page 1 Date of Hearing: May 15, 2002 ASSEMBLY COMMITTEE ON APPROPRIATIONS Darrell Steinberg, Chair AB 2228 (Negrete-McLeod) - As Amended: May 9, 2002 Policy Committee: Utilities and Commerce Vote: 16-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill establishes a pilot program, until January 2006, for entities producing energy using biogas digester energy systems to participate in utility net metering programs. Specifically, this bill: 1)Defines an eligible customer-generator as a customer of an electrical corporation who uses a biogas electrical generating facility, with a system capacity of one megawatt (MW) or less, that produces electricity by manure methane production or as a byproduct of the anaerobic digestion of bio-solids and animal wastes, and is intended primarily to offset part or all of the customer's own electrical requirements. 2)Requires the electrical corporations to file with the Public Utilities Commission a net energy metering tariff for program participants. 3)Relieves the electrical corporations from providing net metering services in the pilot program once the combined total biogas generation provided by the eligible biogas customer-generators in their service territory equals 5 MW. FISCAL EFFECT Minor absorbable special fund costs for the PUC to review tariffs developed pursuant to the pilot program. COMMENTS Background and Purpose . Chapter 369, Statutes of 1995 (SB 656, AB 2228 Page 2 Alquist), required electric utilities to buy back any electricity generated by a customer-owned solar electric system. This buy-back program is known as "net metering" because the net electricity generated by a customer is credited against electricity consumed. Chapter 855, Statutes of 1998 (AB 1755, Keeley), clarified the definition of net energy metering and expanded the eligibility for net energy metering. Chapter 1043, Statutes of 2000 (AB 918, Keeley), and Chapter 8, Statutes of 2001 (AB 29X1, Kehoe), modified the net metering program, adding temporary provisions to expand eligible customer classes to include all commercial, industrial and agricultural customers, and increased the allowable facility size to 1 MW. Under the existing net metering program, projects up to 1 MW are net metering-eligible through the end of this year, at which time the maximum size of a project eligible for net metering will be only 10 kilowatts. This bill allows agricultural biogas digester-generator projects up to 1 MW in size through 2005 as a pilot project. Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081