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        
           
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          |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.









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                                                                  AB 2307
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             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

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