BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 728
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 728 (Negrete McLeod)
          As Amended September 1, 2005
          Majority vote
           
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          |ASSEMBLY:  |78-0 |(May 26, 2005)  |SENATE: |35-1 |(September 6,  |
          |           |     |                |        |     |2005)          |
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           Original Committee Reference:    U. & C.  

           SUMMARY  :  Expands an existing pilot project allowing net energy  
          metering for customer-owned electric generation projects fueled  
          by manure methane production (biogas digestion). 

           The Senate amendments  make technical clarifying changes  and  
          limits eligibility for the pilot project to biogas digesters  
          that have installed the best available control technology  
          required by the regional air pollution control district at the  
          time of installation.   .  

           FISCAL EFFECT  :

          1)Absorbable costs to the California Public Utilities Commission  
            (PUC) to review and approve tariffs for biogas projects under  
            the pilot program. 

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

           COMMENTS  :  SBX1 5(Sher), Chapter 7, Statutes of 2001, in part  
          appropriates $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), Chapter 846,  
          Statutes of 2002, establishes a pilot project to permit net  
          metering for such projects.  AB 228 limits the size of eligible  
          biogas digesters to units producing one megawatt (MW) or less  
          and the total amount of generation that would be eligible to  
          have a net meter to no more than five MWs in each investor owned  
          utility 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  








                                                                  AB 728
                                                                  Page  2

          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. 

          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. 

          AB 2228 did not contain stated goals of the pilot project or  
          require a report to be conducted that summarizes the project to  
          determine the project's effectiveness.  Consequently, no data  
          have been compiled to determine the impacts the pilot project  
          has had in efforts to reduce emissions from dairies, on the  
          electricity grid's reliability and safety, or on to ratepayers.   
          As amended, this bill requires a report to Legislature by  
          December 31, 2009, regarding the program's impact on air  
          emissions and on transmission and distribution grid reliability.

           
          Analysis Prepared by  :    Edward Randolph / U. & C. / (916)  
          319-2083 


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