BILL ANALYSIS AB 2307 Page A ASSEMBLY THIRD READING AB 2307 (Kehoe) As Amended April 23, 2002 Majority vote UTILITIES AND COMMERCE 13-2 APPROPRIATIONS 22-0 ----------------------------------------------------------------- |Ayes:|Pescetti, Calderon, Bill |Ayes:|Steinberg, Bates, | | |Campbell, John Campbell, | |Alquist, Aroner, Cohn, | | |Canciamilla, Cardenas, | |Corbett, Correa, Daucher, | | |Diaz, Kelley, La Suer, | |Diaz, Firebaugh, | | |Maddox, Papan, Reyes, | |Goldberg, Maldonado, | | |Simitian | |Negrete McLeod, Robert | | | | |Pacheco, Papan, Pavley, | | | | |Runner, Simitian, | | | | |Washington, Wiggins, | | | | |Wright, Zettel | |-----+--------------------------+-----+--------------------------| |Nays:|Wright, Horton | | | | | | | | ----------------------------------------------------------------- SUMMARY : Extends by two years the deadline by which distributed energy resources (DER) must commence operation in order to qualify for the waiver of electrical corporation standby fees, which is in effect until June 1, 2011. EXISTING LAW : 1)Defines DER for purposes of standby fee waivers as electric generation technology that: a) Commences initial operation between May 1, 2001 and June 1, 2003;<1> b) Is located within a single facility; c) Has a capacity of five megawatts or less; -------------------------- -------------------------- <1> Except that gas-fired distributed energy resources that are not operated in a combined heat and power application must begin operation no later than September 1, 2002. AB 2307 Page B AB 2307 Page C d) Serves onsite loads or over-the-fence<2> transactions; e) Is powered by a fuel other than diesel; and, f) Complies with applicable air emission standards of the State Air Resources Board. 2)Provides that all standby charges imposed by electrical corporations, on customers who have installed distributed generation equipment that is in operation by June 1, 2003, shall be waived until June 1, 2011, except that gas-fired units enjoy the waiver only until June 2006. 3)Specifies that if the California Public Utilities Commission (PUC) determines that this bill results in net costs that would otherwise be borne by ratepayers, those net costs shall be borne by the operators of DER that commence initial operation between June 1, 2003, and May 31, 2005. 4)Specifies that each customer with DER to participate in a real-time metering and pricing<3> program when available. 5)Requires each electrical corporation to consider non-utility owned DER as a possible alternative to investments in its distribution system. FISCAL EFFECT : Minor absorbable special fund costs to PUC to determine whether there are net costs that should be borne by distributed generators. COMMENTS : Last year, the Legislature passed SB 28 X1 (Sher), Chapter 12, Statutes of 2001, which established the standby fee waiver provisions for DER, which is also known as "distributed generation" (DG). Power generated onsite by DG is normally used to meet some of the energy needs of a utility customer. DG can be used as backup power, to meet base or peak load needs, or to sell to adjacent sites in an "over-the-fence" transaction. --------------------------- <2> Examples of over-the-fence transactions include, electric power sold to entities located on land immediately adjacent to the generation site, and sales to an electric company or to a state or local agency. <3> Under real time metering and pricing, rates for energy purchased reflect the actual cost to the electrical corporation of energy it buys at the time it is consumed by the customer. AB 2307 Page D Customers who operate a DG unit that is connected to the utility's distribution system normally supplement on-site generation with power purchased from the public utility. Grid-connected DG customers pay a standby charge to the utility to reserve the capacity need to serve that customer. The standby charges are based on the installed capacity of DG unit. Last year's legislation suspended standby fees until June 2011 for DG units with a capacity of five megawatts or less. According to the author, the 2003 deadline to install DG equipment and thereby take advantage of the standby fee waiver is too soon for businesses to make significant investments in DG systems, particularly in light of the fact that DG industry is relatively new. The California Energy Commission is actively promoting the development of standardized interconnection rules on a statewide basis, providing outreach services to publicly owned utilities, irrigation districts, and electric cooperatives to accommodate further development of DG. In July 2001, PUC adopted interim standby rate design policies for onsite generation facilities that are interconnected to and operate in parallel with the distribution system. Analysis Prepared by : Paul Donahue / U. & C. / (916) 319-2083 FN: 0004721