BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 5X| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 SB 5X Page 2 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 SB 5X Page 3 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 SB 5X Page 4 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 SB 5X Page 5 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. SB 5X Page 6 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 SB 5X Page 7 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 **** END ****