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

          AB 1685 -  Leno                                   Hearing Date:   
          July 8, 2003               A
          As Amended:         May 13, 2003             FISCAL       B

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                                      DESCRIPTION
           
           Existing law  requires the California Public Utilities Commission  
          (CPUC) to offer differential incentives for  renewable  and  super  
          clean  distributed generation (AB 970 (Ducheny), Chapter 329,  
          Statutes of 2000).

           This bill  requires the CPUC, in consultation with the California  
          Energy Commission, to administer, until January 1, 2008, the  
          incentive program adopted pursuant to AB 970 in the same forms  
          as exists on January 1, 2004.

                                      BACKGROUND
           
          Pursuant to AB 970's direction to offer incentives for renewable  
          and super clean distributed generation resources, the CPUC  
          established the Self-Generation Incentive Program (SGIP) in  
          March 2001.  The SGIP offers $125 million of financial  
          assistance per year through 2004 for installation of  
          photo-voltaics, fuel cells, and certain gas-fired resources up  
          to one megawatt in size.  The SGIP offers incentives of $4.50  
          per watt of installed on-site renewable generation capacity, up  
          to a maximum of 50% of total installation costs (Level 1).   
          Certain non-renewable self-generation is also eligible under the  
          category of "super clean," but with lower incentives.  Fuel  
          cells using non-renewable fuel and waste heat recovery are  
          eligible for $2.50 per watt, up to 40% of total costs (Level 2).  
           Internal combustion engines and micro-turbines using waste heat  
          recovery (i.e. co-generation) are eligible for $1.00 per watt,  
          up to 30% of total costs (Level 3).  "Super clean" is not  
          defined in statute.  The SGIP doesn't require projects to meet  
          any exceptional environmental standards.











          Last year, SB 1038 (Sher), Chapter 515, Statutes of 2002,  
          authorized the CPUC to offer special rate treatment to  
          "ultra-clean and low-emission" distributed generation in order  
          to encourage early compliance with emissions standards  
          established by the ARB pursuant to SB 1298 (Bowen), Chapter 741,  
          Statutes of 2000.  SB 1038 defined "ultra-clean and  
          low-emission" as distributed generation meeting 2007 ARB  
          emission limits, plus an efficiency standard, and commencing  
          operation by December 31, 2005.

          In March 2003, the CPUC issued Decision 03-04-030, which defined  
          distributed generation customers' responsibility for unrecovered  
          electricity procurement costs incurred by the investor-owned  
          utilities and the Department of Water Resources.  Among other  
          things, the decision grants a  complete exemption  from any such  
          charges for distributed generation that's eligible for financial  
          incentives under the SGIP, and only requires projects to meet  
          existing emissions standards.  The same decision grants a lesser  
          exemption for self-generation that meets the more stringent  
          "ultra-clean and low-emission" criteria.

                                       COMMENTS  
           
          1.Recent amendments expand scope beyond solar.   This bill was  
            originally intended to extend existing incentives for solar  
            generation project indefinitely.  It was subsequently amended  
            to sunset solar incentives in 2017, then in 2006.  The May 13  
            amendments (current version) expanded the bill to require the  
            CPUC to continue the entire SGIP in its current form and  
            changed the sunset again, to 2008.
           
          2.Conflict with SB 107.   SB 107 (Bowen), pending in the  
            Assembly, requires the CPUC to replace the SGIP with an  
            incentive program for renewable and ultra-clean distributed  
            generation resources, requires a performance report to the  
            Legislature in 2006, and sunsets in 2007.
                                           
                                   ASSEMBLY VOTES
           
          Assembly Floor                     (54-25)
          Assembly Appropriations Committee  (17-7)
          Assembly Natural Resources Committee                            
          (9-1)
          Assembly Utilities and Commerce Committee                       









          (11-0)

                                       POSITIONS
           
           Sponsor:
           
          The Planning and Conservation League

           Support:
           
          California Public Utilities Commission (if amended)
          City and County of San Francisco
          Pacific Gas and Electric Company

          Prior version:

          AMECO
          Bay Solar Power Design
          Borrego Solar Systems, Inc.
          California Solar Energy Industries Association
          City of San Diego
          East Bay Municipal Utility District
          EcoEnergies
          International Energy Systems Corporation
          Light Energy Systems
          Ocean Beach Organic Food Co-op
          Owens Electric Inc.
           Support  (continued):
           
           Prior version:

          Pacific Energy Company
          Performance Solar Inc.
          POCO Solar Energy
          R.A. Energy International, Inc.
          Sacramento Municipal Utility District
          San Diego Regional Energy Office
          Shell Solar Industries
          Short Electric
          Six Rivers Solar, Inc.
          SoCal Solar Energy
          Solar Integrated Technologies
          SOLutions in Solar Electricity
          Solar Wind Works
          SUN Utility Network, Inc.









          Tri-Power Group
          25 individuals

           Oppose:
           
          Southern California Edison Company

          



















          Lawrence Lingbloom 
          AB 1685 Analysis
          Hearing Date:  July 8, 2003