BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 728
                                                                  Page  1

          Date of Hearing:   May 18, 2005

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                 AB 728 (Negrete McLeod) - As Amended:  May 2, 2005 

          Policy Committee:                               
          UtilitiesVote:11-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill expands an existing pilot project allowing net energy  
          metering for customer-owned electric generation projects fueled  
          by manure methane production (biogas digestion). Specifically,  
          this bill: 

          1)Allows up to three biogas digester generation projects under  
            the program to exceed the current 1 MW limit, and to have a  
            capacity of up to 10 MW. 

          2)Raises the current cap on statewide biogas digester generation  
            under the net metering tariff and within the territory of the  
            state's three investor-owned utilities, from 15 MW to 50 MW. 

          3)Makes the biogas digester projects eligible for the  
            net-metering tariff for the life of the facilities, but only  
            for those facilities commencing operation by December 31,  
            2009. 

          4)Requires the Public Utilities Commission (PUC) to report to  
            the Legislature by December 31, 2009 regarding the program's  
            impact on air emissions and on transmission and distribution  
            grid reliability.

           FISCAL EFFECT  

          1)Absorbable costs to the PUC to review and approve tariffs for  
            biogas projects under the pilot program. 

          2)One-time minor costs for the PUC to complete the legislative  
            report.








                                                                  AB 728
                                                                  Page  2


           COMMENTS  

           1)Background and Purpose  . SBX1 5(Sher), Statutes of 2001, in  
            part appropriated $15 million for grants for pilot projects  
            designed to encourage the development of biogas digestion  
            power production technologies which convert methane gas from  
            manure into electricity. AB 2228 (Negrete McLeod), Statutes of  
            2002, established a pilot project to permit net metering for  
            such projects. The bill limited the size of eligible biogas  
            digesters to units producing one megawatt or less and the  
            total amount of generation that would be eligible to have a  
            net meter to no more than 5 megawatts in each IOU service  
            territory.

            The pilot project was assisted by the appropriation in SBX1 5  
            and had a sunset date of January 1, 2006.  According to the  
            sponsors, five customers have installed biogas digester  
            generators and are operating under the net-metering tariff and  
            eight customers are in the process of constructing biogas  
            digester generators. The entire $15 million appropriation has  
            been spent. The author seeks to expand both the time frame and  
            the scope of the pilot program to include larger generation  
            units. 

           2)Net Metering  . Under net metering, the electric utility is  
            required to buy back any electricity generated by a  
            customer-owned generator as measured by an electric meter that  
            can measure the flow of electricity in both directions.  When  
            the customer is generating excess power, the electricity not  
            being used passes through the meter and is distributed to the  
            electricity grid.  At the end of the year, the electric  
            corporation calculates the amount of electricity distributed  
            to the grid by the customer and reduces the customer's annual  
            bill by the amount of electricity generated by the customer  
            multiplied by the utility's standard generation costs.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081