BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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                              UNFINISHED BUSINESS


          Bill No:  SB 5X
          Author:   Sher (D), et al
          Amended:  4/5/01
          Vote:     27 - Urgency

           
           SENATE ENERGY, U.&C. COMMITTEE  :  7-0, 2/13/01
          AYES:  Bowen, Alarcon, Vasconcellos, Battin, Sher, Vincent,  
            Dunn

           SENATE APPROPRIATIONS COMMITTEE  :  7-1, 2/21/01
          AYES:  Alpert, Battin, Bowen, Burton, Karnette, Perata,  
            Speier
          NOES:  Johnson

           SENATE FLOOR  :  24-12, 3/5/01
          AYES:  Alarcon, Alpert, Battin, Bowen, Burton, Chesbro,  
            Dunn, Escutia, Figueroa, Karnette, Kuehl, Machado,  
            McPherson, Murray, O'Connell, Ortiz, Peace, Perata,  
            Polanco, Scott, Sher, Soto, Torlakson, Vasconcellos
          NOES:  Ackerman, Brulte, Haynes, Johannessen, Johnson,  
            Knight, Margett, McClintock, Monteith, Morrow, Oller,  
            Poochigian

           SENATE FLOOR  :  28-10, 3/22/01
          AYES:  Alarcon, Alpert, Battin, Bowen, Burton, Chesbro,  
            Costa, Dunn, Escutia, Figueroa, Johannessen, Karnette,  
            Kuehl, Machado, McPherson, Murray, O'Connell, Ortiz,  
            Peace, Perata, Polanco, Romero, Scott, Sher, Soto,  
            Torlakson, Vasconcellos, Vincent
          NOES:  Ackerman, Brulte, Haynes, Knight, Margett,  
            McClintock, Monteith, Morrow, Oller, Poochigian

           ASSEMBLY FLOOR  :  74-1, 4/4/01 (Roll call not available at  
                                                           CONTINUED





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            time of writing)




           SUBJECT  :    State energy projects

           SOURCE  :     Author


           DIGEST  :    This bill appropriates $708.9 million to various  
          state agencies to implement energy efficiency programs and  
          supplement existing energy efficiency programs.

           Assembly Amendments  reduce the amount appropriated from  
          $1.03 billion to $708.9 million, change specific  
          allocations, make numerous technical and clarifying changes  
          and add the provisions that relate to energy use among  
          agricultural customers.

           ANALYSIS  :   Background:

           Low Income Energy Assistance

           Current law establishes a low-income energy assistance  
          program for electric and natural gas service customers of  
          the IOUs known as CARE which is funded by a surcharge on  
          energy bills.  The CARE program includes both discounts on  
          the electric and natural gas bill, as well as a residential  
          weatherization program.  

          Current regulations limit CARE eligibility to those  
          households earning less than 150% of the federal poverty  
          level, which is an annual income of $25,800 for a family of  
          four.  The CARE discount, which is established by the CPUC,  
          is 15% of a family's monthly electric or natural gas bill.   
          The cost to ratepayers for the CARE program is about $180  
          million annually.  

          The percentage of eligible customers who participate in the  
          CARE program varies widely throughout the state.  In PG&E's  
          service area, 36% of eligible customers participate, while  
          in SCE's service area, 59% of those eligible are  
          participating.  Between PG&E, SCE, and SDG&E, a little more  







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          than one million households participate in CARE.

          A second low income energy assistance program, known as the  
          Low Income Home Energy Assistance Program (LIHEAP), is  
          funded by the federal government and administered through  
          the Department of Community Services and Development.  This  
          program is budgeted at $63 million this year, though that  
          has been supplemented with about $40 million in additional  
          emergency federal funding.  

          LIHEAP eligibility is 60% of the state's median income, or  
          about $33,000 per year, and serves about 150,000 people  
          statewide, far fewer than the CARE program. 

          LIHEAP has three programs:  1) home energy assistance,  
          payable directly to the utility or other energy provider;  
          2) a crisis program for emergencies; 3) a residential  
          weatherization program.   The current levels of home energy  
          assistance provide funding for about 2.3 months of energy  
          payments.

           Energy Efficiency

           The electric restructuring statutes provided for  
          substantial funding of energy efficiency programs through a  
          non-bypassable surcharge on electric bills.  Last year AB  
          995 (Wright), Chapter 1051, Statutes of 2000, and SB 1194  
          (Sher), Chapter 1050, Statutes of 2000, were enacted,  
          extending that surcharge for 10 years.  The energy  
          efficiency portion of the surcharge is less than 1% of each  
          customer's bill and the money derived from the surcharge  
          pays for energy efficiency programs administered by the  
          CPUC and delivered by the IOUs.  Last year, the Legislature  
          also approved AB 970 (Ducheny), Chapter 329, Statutes of  
          2000, which authorized $50 million for a variety of energy  
          efficiency programs.  Those funds have been committed to  
          six types of projects which were specified in the  
          legislation.

          Investments in energy efficiency programs have proven to be  
          very cost-effective.  In May 2000, the CPUC reported that  
          in 1999, it spent $242 million in energy efficiency  
          programs to save 825 million kilowatt hours of electricity  
          and 15 million therms of gas, making the programs far  







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          cheaper than buying additional energy.  Similar savings  
          were reported for 1998 programs.  A March 2000 RAND study  
          commissioned by the CEC found cumulative benefits of up to  
          $1,300 per capita with reduced air pollution.

           DESCRIPTION  

          This bill provides a total of $708.9 million from the  
          General Fund (GF) to implement energy efficiency programs  
          and supplement existing energy efficiency programs.   
          Specifically this bill:
           
           1.Allocates funds to the California Public Utilities  
            Commission (CPUC), California Energy Commission (CEC),  
            Department of Consumer Affairs (DCA), Department of  
            General Services (DGS), Department of Community Services  
            and Development (DCSD), and Department of Water Resources  
            (DWR).  Among the programs and funding specified are:

             A.   $100 million in new money to supplement the  
               existing California Alternate Rates for Energy (CARE)  
               program, a CPUC administered program that provides a  
               discount on gas and electric bills for low-income  
               customers, allowing up to 20% of the funds to be used  
               for outreach to increase enrollment.

             B.   $20 million for CPUC to fund weatherization  
               programs for low-income customers.

             C.   $60 million to DCSD for low-income assistance and  
               $60 million to expand low-income energy weatherization  
               programs.

             D.   Incentives to encourage the purchase of high  
               efficiency appliances to investor-owned utility (IOU)  
               customers through CPUC and to municipal utility  
               District (MUD) customers through CEC.

             E.   Incentives to encourage the purchase of whole-house  
               and indoor fans and construction of high-efficiency  
               residences to IOU customers through CPUC and to MUD  
               customers through CEC.

             F.   Incentives to encourage the use of high-efficiency  







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               lighting in commercial and residential buildings to  
               IOU customers through CPUC and to MUD customers  
               through CEC.

             G.   $10 million to encourage the purchase of advanced  
               telemetry equipment for agricultural and water pumping  
               customers to improve load management and demand  
               responsiveness.

             H.   $75 million to implement programs to reduce peak  
               load electricity usage, encourage bio-gas digestion  
               power production technologies, enhance conservation  
               and encourage use of alternative fuels through rebates  
               and grants available through CEC to agricultural  
               customers.
           
           1.Provides that any funds not encumbered (except for CARE  
            program funds and Low Income Home Energy Assistance  
            Program (LIHEAP) funds) by March 31, 2002 shall revert to  
            the GF.

          3.This bill also makes changes relating to agricultural  
            customers of energy.  The bill provides that  
            interruptible service or curtailment programs adopted by  
            CPUC shall assure that the programs allow for  
            agricultural and water supplier customers to aggregate  
            multiple accounts to meet any minimum kilowatt  
            requirements for participation in the program, subject to  
            geographical, load and other parameters.

            The bill provides that the CPUC shall consider whether  
            any binding mandatory curtailment programs adopted by the  
            CPUC, which exempt customers from Stage III rotating  
            outages in exchange for partial load curtailments during  
            every rotating outage period, shall provide the use of  
            backup generation for agricultural and water supplier  
            customers, as specified.

            The bill requires public utility electrical corporations  
            to develop and offer customers on or before May 30, 2001,  
            the opportunity to participate in a demand reduction  
            program, as specified.  The program shall be known as the  
            Scheduled Load Reduction Program.








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            The bill states that the Legislature strongly urged the  
            CPUC to consider providing the option to all agricultural  
            commodity processing customers of being included in the  
            definition of customers eligible to be served under  
            agricultural tariffs to the extent it does not result in  
            cost shifting to other customer classes. 

           Comments :

          This bill provides for expansion of the existing low-income  
          programs, including the weatherization programs, and for  
          implementation of significant energy efficiency programs to  
          reduce peak demand.

          This bill's provisions enhance the CARE program both with  
          regard to funding generally and through expansion of the  
          existing weatherization component.

          This bill appropriates $120 million to DCSD specifically to  
          increase energy conservation and reduce demand for energy  
          within this program, assist customers in coping with high  
          energy costs and provide for weatherization services and  
          cash assistance payments.

          Eligibility for California LIHEAP is to include households  
          with incomes not exceeding the greater of 60% of the state  
          median incomes or 80% of the county median income.  Under  
          this bill's specification DCSD is to provide both direct  
          rate assistance and expanding funding for low-income  
          weatherization.  The program shall establish reasonable  
          spending limits, including up to 15% for outreach and  
          training for consumers.  Weatherization programs shall  
          account for not less than 50% of program funds and shall  
          maximize cash assistance programs by allowing funds to be  
          used as a supplement to federal LIHEAP payments.

          This bill has a specific set aside amount to augment the  
          existing CARE program funding for energy efficiency as well  
          as proposals to provide for widespread enhanced energy  
          efficiency in the state.

          This bill provides for significant program accountability.   
          Under its proposed state energy projects, these terms  
          include contracting through DGS for projects considering  







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          qualifications, experience, type of technology employed,  
          cost to the agency and selection from a pool of qualified  
          energy service providers.  All of the programs proposed  
          through each of the agencies specified seem to be tailored  
          to specific demand reduction levels and expectations and  
          this bill provides the agencies with flexibility to shift  
          funds between programs to achieve "maximum feasible energy  
          conservation."  This bill also employs tracking and  
          auditing procedures which should ensure that program funds  
          are expended prudently and which should provide for  
          accounting of actual energy savings accrued.

          This bill contains other miscellaneous provisions for  
          various departments to achieve more energy efficiency.   
          This bill also contains provisions to enhance energy  
          efficiency among agricultural customers, who necessarily  
          use electricity during peak demand periods.








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

          Allocates $708.9 million from the General Fund.


          NC:jk  4/5/01   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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