BILL ANALYSIS                                                                                                                                                                                                                   1
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             SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                            DEBRA BOWEN, CHAIRWOMAN
          

          SB 654 -  Haynes                                  Hearing  
          Date:  April 24, 2001                S
          As Amended: April 16, 2001              FISCAL           B
                                                                       
            
                                                                       
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                                   DESCRIPTION
           
           This bill  creates a refundable tax credit for individuals  
          and corporations equal to the product of the percentage of  
          the reduction in electricity consumption (not to exceed  
          25%) on a year versus year basis and the person's (or  
          company's) electricity bill for that year.

           This bill  requires every investor-owned utility (IOU) to  
          provide on customer bills the amount by which the customer  
          has reduced his or her consumption compared to the prior  
          year.

                                    BACKGROUND
           
          Increasing energy efficiency and conservation efforts may  
          well be the only way to avoid blackouts and skyrocketing  
          prices this summer.  

          SB 5X (Sher), Chapter 7, Statutes of 2001, and AB 29X  
          (Kehoe), Chapter 8, Statutes of 2001, collectively provide  
          over $500 million for energy efficiency programs.  The  
          Governor has also created a program to pay consumers who  
          cut their electricity use by more than 20% through the  
          summer months.

          Using less energy has a number of benefits.  First, lower  
          usage reduces the customer's bill directly.  Second, lower  











               overall consumption reduces the price of electricity for  
               everyone, even those who don't cut their consumption.   
               Third, lower usage lowers the likelihood of blackouts.  

               Paying customers to conserve, as is the approach in this  
               bill, is an appealing and direct way to encourage  
               conservation.  It's simple, universally applicable,  
               theoretically easy to administer, and the savings begin  
               with the first kilowatthour (kwh) saved.  Rather than pay  
               exorbitant prices to out of state generators and marketers,  
               paying customers to conserve returns money to customers.

               There are indications the Department of Water Resources  
               (DWR) will be forced to buy a significant amount of  
               electricity on the spot market this summer.  Spot market  
               prices have been incredibly high and, absent some action by  
               the Federal Energy Regulatory Commission, there's no reason  
               to believe prices this summer will moderate back to  
               anywhere near historically average levels.  With spot  
               market prices anywhere from $0.25/kilowatt-hour (kwh) to  
               $0.75/kwh, or 5 to 15 times their historic levels, many  
               energy efficiency programs will be comparatively  
               cost-effective. 































                                     COMMENTS
           
           1)Logical, Yes, But Is It Workable?   Like the Governor's  
            20/20 Conservation Program, the appealing concept in this  
            bill must be considered in light of a number of practical  
            implementation and fairness issues.

           2)Changes In Weather, Not Behavior, Can Earn Cash  .   
            Rewarding a customer for electricity reductions on a year  
            vs. year basis may inadvertently provide a customer with  
            unearned benefits because changes in electricity usage  
            are driven by many factors, including the weather.  For  
            example, if Year 1 has a relatively warm summer compared  
            to Year 2, then customers will receive the tax credit  
            created by this bill for no reason other than the fact  
            that the temperature dropped.  

           3)Change In Family, Not Behavior, Can Earn Cash  .  A  
            customer might have teenagers in the house in Year 1, but  
            in Year 2 those teenagers may have left for college or  
            moved out on their own.  In this case, a customer would  
            receive a tax benefit - financed by every other taxpayer  
            in the state - solely because the size of their family  
            was reduced.

            An analysis by Pacific Gas & Electric (PG&E) comparing  
            customer usage from the summer of 1999 versus the summer  
            of 2000 found that 12.6% of customers reduced their usage  
            by more than 20% and an additional 12.6% reduced their  
            usage between 7% and 20%.  Without controlling for major  
            changes in customer circumstance, the refundable tax  
            credit program created by this bill will unfairly reward  
            some customers.  This may be even more true with business  
            and industrial customers, who may have reduced usage  
            because they are doing less well or are suffering from a  
            contraction in their business. 

           4)How Are New Customers Treated?   A second complication  
            with a year vs. year comparison is that many customers  
            don't have a history.  In PG&E's service territory,  
            one-third of residential customers change location every  
            year, making it difficult to make a comparison.  While  
            statistics aren't available for business customers, it's  
            reasonable to believe that there is substantial turnover,  










                 particularly with small businesses.  

                5)Is Reduction Based On The Home Or On The Individual?   One  
                 of the features in the Governor's 20/20 Reduction Program  
                 that many view as unfair is that a person's savings are  
                 based on the amount of energy used in the home the prior  
                 year.  So, a single person moving into a home that was  
                 occupied by a family of four the prior year is likely to  
                 easily be able to reach the 20% savings level mandated by  
                 the program, but a family of four moving into a house  
                 that was occupied by a single person the year before is  
                 likely to have a difficult time meeting the 20% savings  
                 level.

                 This bill, on Page 2, Lines 19-24, appears to take an  
                 arguably fairer approach by basing the person's tax  
                 credit on the amount of energy they save from year to  
                 year, not on the amount of energy used in the physical  
                 structure.  However, this approach isn't without  
                 inequities either.  For example, a person moving from a  
                 house to an apartment is likely to get a conservation tax  
                 credit solely based on their decision to move to a  
                 smaller living space, while a person going from an  
                 apartment to a house likely won't see any benefit.  

                6)A Compounding Benefit  .  Programs that pay people to  
                 conserve electricity, by their very nature, tend to most  
                 directly reward those who haven't conserved in the past,  
                 and consequently have the most ability to cut usage,  
                 while those who have a history of conservation won't see  
                 much, if any, benefit.  

                 This bill, like the Governor's 20/20 Conservation  
                 Program, adds a financial benefit on top of the "natural"  
                 financial benefit that comes with conserving electricity  
                 (the less you use, the less you pay).  Furthermore, those  
                 who have the financial ability to buy new energy  
                 efficient appliances that cut their electricity usage  
                 without any other change in behavior will receive the tax  
                 credit provided by this bill.  

                7)Municipal Utility Customers Pay For Program But Can't  
                 Benefit  .  The bill has a further  inequity in that it  
                 excludes customers of municipal utilities despite the  










            fact that those customers pay state income taxes that  
            will be used to finance the tax credits created by this  
            program.   The author and committee may wish to consider   
            whether this program should be extended to customers of  
            all utilities.

           8)Comparing Usage On Monthly Bills - How Exactly Is It  
            Done?   The program envisioned in this bill provides the  
            customer with the benefit of his conservation efforts  
            only once a year when the taxes are paid.  By deferring  
            the reward, the impact of the program may be diminished.   
            A more potent system would be to reward the customer  
            immediately by reducing their bill for savings achieved  
            in the prior month.

            Page 2, Lines 4-10 of the bill attempts to provide  
            customers with some feedback by requiring the IOU to  
            show, on each monthly bill, how much each customer has  
            reduced his or her usage in the current year when  
            compared to the prior year.   The author and committee may  
            wish to consider  how the logistics of this comparison  
            should work when a customer moves between utilities.  If  
            a customer moves from PG&E's service territory to  
            Southern California Edison's (SCE) service territory,  
            will SCE be able to access the customer's PG&E files in  
            order to provide the comparison to last year's usage?

            There is an additional implementation issue with regard  
            to the customer's usage date and how it's displayed on  
            the bill.  According to PG&E, its accessible billing data  
            is limited to the current month plus the previous 12  
            months.  The year vs. year comparison required by this  
            bill will require changes to the billing system which may  
            be complex and costly, particularly in light of  
            additional billing changes contemplated by the CPUC in  
            its rate design and in various other bills currently  
            being considered.

           9)How Are The Energy Savings & Tax Credit Amount  
            Calculated?   Page 2, Lines 19-24 of the bill defines  
            "energy conservation percentage" as the amount of  
            electricity a person has saved from one year to the next.  
             Page 2, Lines 13-18 then requires that figure to be  
            multiplied by the cost of electricity paid by the  










                 taxpayer in the taxable year in question to create the  
                 amount of the tax credit.  Many larger customers are  
                 billed different rates for electricity depending on when  
                 it's consumed.  Electricity at peak times costs much more  
                 than electricity at non-peak times.  This bill doesn't  
                 differentiate between the two and weigh energy savings  
                 occurring during peak times more heavily than energy  
                 savings occurring during non-peak times. 

                10)                                Potential Cost  .  How  
                 much this bill could cost the state treasury depends on  
                 how much energy people conserve, what the price of power  
                 is, and how many people apply for the refundable tax  
                 credit.  If you assume that everyone conserves the  
                 maximum amount and is eligible for the 25% credit cap in  
                 the bill and multiple it by the $25 billion in total  
                 utility revenues assumed in the CPUC's recently proposed  
                 rate increase, the cost of the program is about $6.25  
                 billion per year.

                11)  Related Legislation  .  SB 63X (Perata), which is  
                 pending in this committee, approaches energy efficiency  
                 in a fashion similar to this bill by paying customers up  
                 to $0.10/kwh for every kwh reduction in usage this summer  
                 compared to the prior summer.  

                                         POSITIONS
                
                Sponsor:
                
               Author

                Support:
                
               California Apartment Association
               California Manufacturers & Technology Association
               Howard Jarvis Taxpayers Association

                Oppose:
                
               None on file

               











          Randy Chinn 
          SB 654 Analysis
          Hearing Date:  April 24, 2001