BILL ANALYSIS                                                                                                                                                                                                              1
          1





                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                               DEBRA BOWEN, CHAIRWOMAN
          

          AB 594 -  Leno                Hearing Date:  June 22, 2004        
          A
          As Amended:         March 2, 2004                 FISCAL/URGENCY  
                B
                                                                        
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                                                                        9
                                                                        4

                                      DESCRIPTION
           
           This bill  requires Pacific Gas and Electric (PG&E) to credit the  
          City and County of San Francisco for any excess electricity  
          exported to the PG&E grid from up to 5 megawatts of  proposed  
          solar generation facilities that would serve municipal  
          facilities in San Francisco.  The required credit is equivalent  
          to the generation component of the appropriate time-of-use rate  
          for the electricity, plus an "adder," to be determined by the  
          California Public Utilities Commission (CPUC), to reflect the  
          locational and environmental value of the generation.

                                      BACKGROUND
           
          SB 656 (Alquist), Chapter 369, Statutes of 1995, required all  
          electric utilities to buy back any electricity generated by a  
          customer-owned solar or wind system.  This buy-back program is  
          known as "net metering" because the electricity purchases of the  
          customer are netted against the electricity generated by the  
          customer's solar electric system.  The generated electricity  
          spins the meter backward, making it equivalent to the customer  
          using less electricity.

          Net metering was initially permitted for systems up to 10  
          kilowatts making it suitable for residential-sized applications  
          (a typical residential net-metered system is 2 - 4 kilowatts).   
          The total amount of capacity that could be net metered was  
          capped at 0.1 percent of the utility load.  AB 29X (Kehoe),  
          Chapter 8, Statutes of 2001, expanded the net metering program  
          to large commercial and industrial customers by raising the  
          maximum size of the net-metered system to 1 megawatt and lifting  











          the cap on total net metered capacity.  The provisions of AB 29X  
          relating to net metering were to sunset on January 1, 2003, but  
          were subsequently extended by AB 58 (Keeley), Chapter 836,  
          Statutes of 2002, which also replaced the cap at 0.5 percent of  
          utility peak load.

          Because most municipal load in San Francisco is served by  
          electricity from Hetch Hetchy Water and Power (delivered via  
          PG&E's transmission and distribution system), the load is not  
          eligible for net metering.  This bill creates a surrogate  
          program designed for San Francisco municipal load.  The bill  
          allows solar facilities to get credit for excess electricity  
          production under a limited form of net-metering, in which PG&E  
          pays for excess electricity at the time-of-use generation rate,  
          rather than the full retail rate.







































                                       COMMENTS
           
           Accident of existing laws prevents San Francisco from being  
          compensated for excess solar power.   San Francisco's municipal  
          load is served via a longstanding wholesale wheeling arrangement  
          with PG&E, where most of the power comes from San Francisco's  
          Hetch Hetchy project and the balance is purchased at wholesale.   
          Existing net metering policies don't accommodate San Francisco's  
          unique arrangement.  Unless San Francisco becomes a community  
          choice aggregator, it can't sell solar power to retail customers  
          due to the suspension of direct access.  Without this bill, San  
          Francisco would have to use all solar generation on site - it  
          would not be compensated for any excess.  What this bill  
          proposes is consistent with existing net metering statutes,  
          except the credit San Francisco will get is less (generation  
          component of rate) than a customer eligible for net metering  
          would get (full retail rate).  If San Francisco establishes  
          itself as a community choice aggregator (which would allow it to  
          sell its power to retail customers), this bill would become  
          inoperative.

                                      PRIOR VOTES
           
          Assembly Floor                     (56-19)*
          Assembly Appropriations Committee  (20-4)*
          Assembly Natural Resources Committee                            
          (9-1)*

          *Votes reflect a previous, unrelated version of the bill.

                                       POSITIONS
           
           Sponsor:
           
          San Francisco Public Utilities Commission

           Support:
           
          Bluewater Network
          California Solar Energy Industries Association
          City and County of San Francisco
          Environment California
          Greenpeace
          Sierra Club California










          Vote Solar Initiative

           Oppose:
           
          None on file 

          
          Lawrence Lingbloom 
          AB 594 Analysis
          Hearing Date:  June 22, 2004