BILL ANALYSIS AB 515 Page 1 Date of Hearing: April 11, 2005 ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE Lloyd E. Levine, Chair AB 515 (Richman) - As Amended: April 6, 2005 SUBJECT : State Water Project: solar photovoltaic panels and systems. SUMMARY : Requires the Department of Water Resources (DWR) to establish a program to authorize private entities to lease space above the State Water Project (SWP) to install solar panels and generate electricity from those panels. Specifically, this bill : 1)Requires DWR to establish a program to authorize private entities to lease space above the SWP for the purpose of installing solar photovoltaic (PV) panels and generating electricity from those panels. 2)Requires DWR to evaluate proposals for installing PV systems upon request and requires the requestor to pay the cost of the evaluation. 3)Permits DWR to negotiate any level of compensation for an agreement for the installation of solar PV panels and related systems that is equal to or greater than the cost to the department. EXISTING LAW provides for DWR operation of the SWP. FISCAL EFFECT : Unknown. COMMENTS : According to the author's office, the purpose of this bill is to conserve resources and promote projects that further that interest. According to the author, PV-generated power correlates well with the utilities' daily load patterns because the power is available when it is needed most during the peak demand periods in the daylight hours. In addition, secondary benefits include reducing evaporation from the canals and attracting investment and jobs to California. 1)Background : The SWP extends more than 660 miles and includes 33 storage facilities, 20 pumping plants, 4 hydroelectric AB 515 Page 2 plants, and 4 pumping-generating plants. The SWP originates on tributaries of the Feather River and extends down the Sacramento River, through the Delta and San Joaquin Valley and over the Tehachapi Mountains into Pyramid and Castaic lakes in Southern California. The SWP supplies drinking water to 22 million Californians and irrigation water for 750,000 acres of farmland. Costs of building and operating the SWP are borne exclusively by its users, not state taxpayers. Because the SWP is one of the primary means of supplying Southern California with water (the others being the Los Angeles aqueduct to the Owens Valley and the Colorado River aqueduct), the SWP is considered critical infrastructure for homeland security purposes. Solar electric or PV systems convert some of the energy in sunlight directly into electricity. PV cells are made primarily of silicon, the same semiconductor material used for computers. When the silicon is combined with one or more materials, it exhibits unique electrical properties in the presence of sunlight. Electrons are excited by the light and move through the silicon. This is known as the PV effect and results in direct current electricity. PV modules have no moving parts, and have a working life of 20-30 years. 2)Turning an option into a requirement : Nothing in current law precludes DWR from leasing space over the SWP for PV panels. To date, DWR has not received any requests and has not embarked on any such project. This bill requires DWR to develop a program to authorize private entities to lease space above appropriate conveyance facilities for the installation of PV panels. The author and committee may wish to consider amending the bill to require the establishment of engineering criteria or perform a study to determine the appropriateness of the project or project location. 3)DWR prior experiences : DWR has leased space to wind energy producers to install facilities in the Altamont area. DWR also negotiated an agreement with a telecommunications company to use the SWP right-of-way to install a fiber optic cable in exchange for in-kind communications and surveillance services. 4)The bill may assist the SWP with defraying operating expenses or retiring bond debt : Because the cost of the SWP is paid for directly by the SWP contractors, there may be an incentive for AB 515 Page 3 the SWP contractors to allow additional uses of the SWP assets as a means of defraying expenses or generating revenue to retire its bond debt. In the case of the arrangement with the telecommunications company, the SWP recovered much more than its cost in the in-kind arrangement by reducing its telecommunications costs. According to DWR, all actual revenues generated by the SWP must be applied toward retiring the SWP construction bond debt. This bill does not preclude DWR from charging market-based rates, which could provide an opportunity to retire bond debt for the SWP. RELATED LEGISLATION : 1)SB 1 (Murray Campbell) implements the Governor's Million Solar Roof's initiative. 2)AB 1574 (Levine) creates the Solar Energy Peak Procurement Act, which creates a declining rebate program to incentivize the installation of new solar energy system on residential and business properties in California. 3)AB 1383 (Pavley) creates a revolving loan program to fund installation of new solar energy systems on low income housing. 4)AB 426 (Richman) in the 2003 session would have required DWR to establish a program for leasing space above SWP conveyance facilities for installing PV panels. This bill was placed on the Senate Appropriations Suspense File but was later amended to perform another function. REGISTERED SUPPORT / OPPOSITION : Support None on file. Opposition Coalition of California Utility Employees (CUE) Analysis Prepared by : Gina Mandy / U. & C. / (916) 319-2083