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