BILL NUMBER: AB 1214 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 28, 2003
PASSED THE SENATE AUGUST 25, 2003
AMENDED IN SENATE JULY 15, 2003
AMENDED IN SENATE JUNE 30, 2003
AMENDED IN SENATE JUNE 18, 2003
AMENDED IN ASSEMBLY APRIL 28, 2003
INTRODUCED BY Assembly Member Firebaugh
(Coauthor: Assembly Member Levine)
FEBRUARY 21, 2003
An act to add and repeal Section 2827.10 of the Public Utilities
Code, relating to energy resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 1214, Firebaugh. Net energy metering: fuel cell
customer-generators.
(1) Existing law, until January 1, 2006, requires electrical
corporations, as defined, to provide eligible biogas digester
customer-generators, as defined, with net energy metering, as
defined, under a pilot program.
This bill, until January 1, 2006, would require every electrical
corporation, as defined, to provide net energy metering, as defined,
for eligible fuel cell customer-generators, as defined, until the
total cumulative rated generating capacity used by the eligible fuel
cell customer-generators equals 45 megawatts within the service
territory of the electrical corporation for an electrical corporation
with a peak demand above 10,000 megawatts, or equals 22.5 megawatts
within the service territory of the electrical corporation for an
electrical corporation with a peak demand of 10,000 megawatts or
below. The bill would prohibit the combined statewide cumulative
rated generating capacity used by the eligible fuel cell
customer-generators in the service territories of all electrical
corporations from exceeding 112.5 megawatts. Because a violation of
these provisions would be a crime under existing law, this bill, by
establishing a new crime, would impose a state-mandated local
program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that a program to
provide net energy metering for generation charges for eligible fuel
cell customer-generators is one way to encourage substantial private
investment in these energy resources, stimulate in-state economic
growth, reduce demand for electricity during peak consumption
periods, help stabilize California's energy supply infrastructure,
enhance the continued diversification of California's energy resource
mix, and reduce interconnection and administrative costs for
electricity suppliers.
SEC. 2. Section 2827.10 is added to the Public Utilities Code, to
read:
2827.10. (a) As used in this section, the following terms have
the following meanings:
(1) "Electrical corporation" means an electrical corporation, as
defined in Section 218.
(2) "Eligible fuel cell electrical generating facility" means a
facility that includes the following:
(A) Integrated powerplant systems containing a stack, tubular
array, or other functionally similar configuration used to
electrochemically convert fuel to electric energy.
(B) An inverter and fuel processing system where necessary.
(C) Other plant equipment, including heat recovery equipment,
necessary to support the plant's operation or its energy conversion.
(3) "Eligible fuel cell customer-generator" means a customer of an
electrical corporation that meets all the following criteria:
(A) Uses a fuel cell electrical generating facility with a
capacity of not more than one megawatt that is located on or adjacent
to the customer's owned, leased, or rented premises, is
interconnected and operates in parallel with the electric grid while
the grid is operational or in a grid independent mode when the grid
is nonoperational, and is sized to offset part or all of the eligible
fuel cell customer-generator's own electrical requirements.
(B) Is the recipient of local, state, or federal funds, or who
self-finances projects designed to encourage the development of
eligible fuel cell electrical generating facilities.
(C) Uses technology that meets the definition of an "ultra-clean
and low-emission distributed generation" in subdivision (a) of
Section 353.2.
(4) "Net energy metering" has the same meaning as that term is
defined in Section 2827.9.
(b) Every electrical corporation shall, not later than March 1,
2004, file with the commission a standard tariff providing for net
energy metering for eligible fuel cell customer-generators,
consistent with this section. Every electrical corporation shall
make this tariff available to eligible fuel cell customer-generators
upon request, on a first-come-first-served basis, until the total
cumulative rated generating capacity used by the eligible fuel cell
customer-generators equals 45 megawatts within the service territory
of the electrical corporation for an electrical corporation with a
peak demand above 10,000 megawatts, or equals 22.5 megawatts within
the service territory of the electrical corporation for an electrical
corporation with a peak demand of 10,000 megawatts or below. The
combined statewide cumulative rated generating capacity used by the
eligible fuel cell customer-generators in the service territories of
all electrical corporations in the state may not exceed 112.5
megawatts.
(c) In determining the eligibility for the cumulative rated
generating capacity within an electrical service area, preference
shall be given to facilities which, at the time of installation, are
located in a community with significant exposure to air contaminants
or localized air contaminants, or both, including, but not limited
to, communities of minority populations or low-income populations, or
both, based on the ambient air quality standards established
pursuant to Section 39607 of the Health and Safety Code.
(d) Each net energy metering contract or tariff shall be
identical, with respect to rate structure, all retail rate
components, and any monthly charges, to the contract or tariff to
which the customer would be assigned if the customer was not an
eligible fuel cell customer-generator. Any new or additional demand
charge, standby charge, customer charge, minimum monthly charge,
interconnection charge, or other charge that would increase an
eligible fuel cell customer-generator's costs beyond those of other
customers in the rate class to which the eligible fuel cell
customer-generator would otherwise be assigned are contrary to the
intent of the Legislature in enacting the act adding this section,
and may not form a part of net energy metering tariffs.
(e) The net metering calculation shall be carried out in
accordance with Section 2827.9.
(f) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.