BILL ANALYSIS                                                                                                                                                                                                    





                                                                  AB 2593

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          GOVERNOR'S VETO
          AB 2593 (Calderon)
          As Amended June 15, 2004
          2/3 vote

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          |ASSEMBLY:  |77-0 |(May 10, 2004)  |SENATE: |35-0 |(August 9,     |
          |           |     |                |        |     |2004)          |
          |-----------+-----+----------------+--------+-----+---------------|
          |           |     |                |        |     |               |
          |-----------+-----+----------------+--------+-----+---------------|
          |ASSEMBLY:  |79-0 |(August 16,     |        |     |               |
          |           |     |2004)           |        |     |               |
           ----------------------------------------------------------------- 
           
           Original Committee Reference:   U. & C.  

           SUMMARY  :  Specifies that the California Public Utilities  
          Commission (PUC) has the option to suspend for a year the  
          collection of the surcharge for the Self-Generation Incentive  
          Program (SGIP) when it determines it has sufficient funds to  
          meet current year demand for incentives.

           The Senate amendments  delete the language as passed by the  
          Assembly that exempts San Diego Gas & Electric (SDG&E) from the  
          requirements of this bill.

           AS PASSED BY THE ASSEMBLY , this bill exempted the ability of PUC  
          from suspending the collection of the SGIP surcharge for SDG&E.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  This bill seeks to suspend the collection of funds  
          for the support of SGIP in any year PUC determines that the  
          program has sufficient funds to meet the reasonably anticipated  
          demand for incentives for that year.  The sponsors argue that  
          the reasons for the suspension stem from the fact the total  
          amount of incentives paid to eligible participants since the  
          program inception is approximately $15 million, even though $104  
          million has been collected in rates.  To reduce the impact on  
          ratepayers, Southern California Edison (Edison) argues that SGIP  
          should be funded on a forecasted need.










                                                                  AB 2593

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          Pacific Gas & Electric's (PG&E's) successful implementation of  
          SGIP:  In PG&E's case they had notified the Governor's Office in  
          March of this year regarding the overwhelming volume of  
          commercial scale photo voltaic applications in their service  
          territory, causing applications in Level 1 of SGIP to be  
          oversubscribed for the first time.  In order to meet this  
          unexpected demand PG&E transferred $10 million (Level 2 budget)  
          and $5 million (administrative/measurement and evaluation  
          budget).  PG&E's chart on the number of applications submitted  
          shows that a dramatic spike had occurred at the end of the  
          calendar year in November and December that was unanticipated by  
          the utility.

          Why is there such a high surplus in this program for Edison?  As  
          a result of the growing success of SGIP, and in particular the  
          Level 1 incentive program, in PG&E's service territory the  
          question that needs to be answered is why is Edison is having so  
          much difficulty disbursing the funds for these incentives and  
          what should the utility and PUC be doing differently to ensure  
          greater success for this program in Edison's service territory.
           
          GOVERNOR'S VETO MESSAGE  :

               This bill is not necessary.  The Public Utilities  
               Commission (PUC) has been successfully administering  
               the Self-Generation Incentive Program, offering  
               financial incentives to utility customers that  
               install new equipment to meet all or a portion of  
               their facilities' electric energy needs.  The PUC  
               through Public Utilities Code Section 379.5, 379.6  
               and 701 grants authority to adjust that program.   
               Therefore, this bill duplicates the PUC's existing  
               authority.

               The PUC already has the authority to rescind their  
               collection of funds for the SGIP.  Southern  
               California Edison, the sponsor of this measure, is  
               the only one of the investor-owned utilities whose  
               SGIP program is over-funded.  For example, Pacific  
               Gas & Electric Company has transferred over $ 15  
               million into this fund to meet program demand.  The  










                                                                  AB 2593

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               issue here may be over collection or it may be  
               program implementation, however this is an issue that  
               the PUC can resolve.  This would duplicate existing  
               PUC authority.


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


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