BILL ANALYSIS                                                                                                                                                                                                    



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        CONCURRENCE IN SENATE AMENDMENTS
        AB 594 (Leno)
        As Amended  July 21, 2004
        Majority vote
         
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        |ASSEMBLY: |      |(May 15, 2003) |SENATE: |32-1 |(August 10, 2004)    |
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             (vote not revelant)

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        |COMMITTEE VOTE:   |11-0 |(August 18, 2004) |RECOMMENDATION:   |concur  |
        |(Utilities and    |     |                  |                  |        |
        |Commerce)         |     |                  |                  |        |
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        Original Committee Reference:   NAT. RES.  

         SUMMARY  :  Establishes a net metering program between the City and  
        County of San Francisco through Hetch Hetchy Water and Power  
        photovoltaic generation facilities and Pacific Gas and Electric  
        (PG&E).

         The Senate amendments  delete the Assembly version of this bill, and  
        instead:

        1)Require the development of a net metering program between PG&E  
          and the Hetch Hetchy Water and Power photovoltaic generation  
          facilities owned by the City and County of San Francisco.

        2)Require the total amount of electricity eligible for  
          participation in the net metering program to five megawatts of  
          peak generation capacity and requires that no single photovoltaic  
          generation project exceed one megawatt (MW) of peak generation  
          capacity.

        3)Require that the photovoltaic project use a single or multiple  
          time of use (TOU) meters that measure electricity flow in both  
          directions.  If the project needs to retrofitted with these  
          meters or doesn't have the capability of separately measuring  
          total flow of energy in both directions then the City and County  
          of San Francisco is responsible for purchasing and installing it.

        4)Specify that the amount of electricity delivered to the electric  
          grid under this agreement is the property of PG&E.  This bill  








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          prohibits the City and County of San Francisco from selling  
          electricity from the projects under this agreement to third  
          parties.

        5)Specify that ownership and use of the environmental attributes  
          associated with the electricity under this agreement is to be  
          determined by the California Public Utilities Commission (PUC) in  
          accordance with the California Renewable Portfolio Standard (RPS)  
          [SB 1078 (Sher), [Chapter 516, Statutes of 2002].

        6)Specify that PG&E is responsible for identifying TOU tariff for  
          each site of a photovoltaic project under this agreement and that  
          electricity exported will be monetary credit to be applied  
          monthly as a credit or offset against the monthly bill.  PUC is  
          allowed to increase the credit to reflect any additional value  
          derived from the location or environmental attributes of the  
          designated project.

        7)Specify that monthly charges and credit amounts are subject to  
          accounting true ups and are to be performed annually.  Under the  
          agreement the City and County of San Francisco can only use the  
          credit or offset to reduce the obligation for the invoice amount  
          owed to PG&E and if there is no invoiced obligation then there is  
          no credit or offset.

        8)Specify that the net metering agreements become inoperative if  
          the City and County of San Francisco engages in retail sales of  
          electricity to customers in PG&E territory as a result of  
          community choice aggregation or municipalization.
         
        AS PASSED BY THE ASSEMBLY  , this bill exempted from the California  
        Environmental Quality Act (CEQA) (Public Resources Code Section  
        21000, et seq.) a project that consists of restriping an existing  
        paved right-of-way for bicycle lanes, provided that it satisfied  
        several conditions.

         FISCAL EFFECT  :  Minor absorbable costs.

         COMMENTS  :  The Senate amendments completely change the subject  
        matter of this bill as it left the Assembly.  Previously this bill  
        dealt with CEQA exemptions for projects that consist of restriping  
        an existing paved right of way for bicycle lanes.  The Senate  
        amendments changed this bill to allow for a co metering agreement  
        between Hetch Hetchy Water and Power photovoltaic electricity  
        generation facilities owned and designated by the City and County  








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        of San Francisco.

        History of Net Metering  :   Net metering was established by SB 656  
        (Alquist), Chapter 369, Statutes of 1995, to mainly help  
        residential customers who installed solar panels on their homes.   
        The purpose of net metering allowed for homeowners to capture the  
        electricity cost savings by installing solar panels through  
        receiving a credit or offset on their monthly bills as a result of  
        putting electricity back on the grid from the power generated from  
        their solar panels.

        The Electricity Resource Plan (ERP) for the City and County of San  
        Francisco proposes increasing renewable generation to 50 MW by  
        2015.  Currently the Moscone Convention Center has been retrofitted  
        with solar panels that produce 688 kW of electricity and a second  
        site is proposed that will be 600 kW at a wastewater treatment  
        plant.

        Currently Hetch Hetchy Water and Power supplies most of the  
        electricity to the City and County of San Francisco but is unable  
        to participate in either co metering or net metering programs  
        established by SB 656 or ABX 29 (Kehoe) Chapter 8, Statutes of 2001  
        and extended by AB 58 (Keeley) Chapter 836, Statutes of 2002.

        This proposal between PG&E and the City and County of San Francisco  
        would allow electricity to be placed back on the grid during  
        non-high use times.  Under this proposal PG&E would require that  
        the City and County of San Francisco utilize meters that will  
        separately record the total flow of electricity in both directions  
        so that PG&E will be able to continue to charge transmission and  
        distribution, and public goods charges unlike in a typical net  
        metering arrangement.

        The net metering proposal between Hetch Hetchy Water and Power  
        photovoltaic generation facilities and PG&E would be capped at five  
        MW of peak generation total and each single photovoltaic generation  
        project would be capped at one MW of peak generation capacity.  The  
        benefits for PG&E as a result of this net metering agreement come  
        from the lower costs of purchasing this electricity under TOU  
        tariffs versus retail rates and having the electricity purchased  
        meet its RPS requirements under state law.


         Analysis Prepared by  :    Daniel Kim / U. & C. / (916) 319-2083 FN:  
        0008252








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