BILL ANALYSIS 1 1 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 1 6 8 5 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