BILL ANALYSIS                                                                                                                                                                                                          1
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                  SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                              MARTHA M. ESCUTIA, CHAIRWOMAN
          

          AB 1383 -  Pavley                            Hearing Date:  June 30,  
          2005                            A
          As Amended:         June 22, 2005       FISCAL           B

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                                        DESCRIPTION
           
           Current law  establishes several programs to subsidize the cost of  
          photovoltaic (PV) systems used by retail electric customers.  These  
          subsidies are up-front discounts on the installed cost of such  
          systems.

           This bill  creates a revolving loan program, administered by the  
          California Energy Commission (CEC), for use by affordable housing  
          developers to finance up to 75% of the cost of photovoltaic systems.  
           The program is funded out of existing funds set aside for  
          photovoltaic subsidies.  The program sunsets on January 1, 2016.

                                        BACKGROUND
           
           What's a Photovoltaic System?
           A photovoltaic, or PV, system has two main parts, the roof-mounted  
          PV panels which transform sunlight into electricity and the inverter  
          which transforms the direct current created by the PV panels into  
          alternating current which is usable in the home or on the electric  
          grid.  The orientation of the PV panels is crucial to the success of  
          the system; they must be south- or west-facing.  The panels must not  
          be shaded and should be angled to capture the most sunlight.  A  
          typical residential PV system is 2kw - 4kw.  The installed cost is  
          about $9000/kw so a 3kw system would cost $27,000.  Rebates have  
          been as high as $4500/kw and are now at $2,800/kw, so the 3kw system  
          would today cost $18,600 after rebates.  A state tax credit would  
          further reduce the price by 7.5% to $17,205.  For commercial  
          customers the final after-tax cost is much lower because of greatly  
          accelerated depreciation and a 10% federal tax credit.  

           Current Subsidies
           California has several subsidy programs targeted specifically at PV  









      systems.  The CEC administers a program for residential- and small  
      commercial-sized PV systems that provides a rebate for a portion of  
      the installed cost of a PV system.  That rebate was initially  
      $4.50/watt, or about 50% of the system cost, and has since been  
      lowered to $2.80/watt.  This program is funded through the Public  
      Goods Charge (PGC), which is a surcharge on all IOU electric  
      customers, and is budgeted at about $30 million annually, though in  
      2004 the program spent $70 million on PV.  The CPUC administers a  
      similar program for commercial-sized customer-owned generation,  
      including PV systems.  This program, known as the Self-Generation  
      Incentive Program (SGIP), costs $125 million annually and is paid  
      for out of electric rates.  The SGIP PV subsidy is $3.50/watt and is  
      oversubscribed.

      In addition to these two subsidy programs there are numerous other  
      state and federal programs which substantially reduce the after-tax  
      cost of PV systems, particularly for commercial customers.  These  
      include a 10% federal tax credit, accelerated depreciation, a 7.5%  
      state tax credit, accelerated depreciation for state taxes, and  
      favorable property tax treatment.  By themselves these tax benefits  
      for commercial customers are worth more than the state subsidy,  
      according to CEC estimates.  Other state subsidies are net metering,  
      which reverses the electric meter as electricity is produced, and an  
      exemption from exit fees.

       Affordable Housing
       Of the 20,000 affordable housing units built annually in California,  
      about 5000 are financed through tax credits.  The tax credit  
      financing, which is administered by the California Tax Credit  
      Allocation Committee, an arm of state government whose voting  
      members include the Governor, Treasurer, and Controller, uses the  
      funds from the sales of tax credits to investors.  The amount of tax  
      credits allocated to any affordable housing project is reduced by  
      any revenue received by the project, which includes rebates for PV  
      systems.  For this reason solar rebates do not encourage the use of  
      PV systems in affordable housing projects that rely on tax credit  
      financing.

                                     COMMENTS

         1.   Program Funding  -- If SB 1 (Murray and Campbell), the  
           Governor's Million Solar Roofs proposal that is working its way  
           through the Legislature, is enacted, this program will be  
           funded from the same sources of funding as that used in SB 1,  
           the CPUC's SGIP program and the CEC's PGC-funded program.  The  









               level of funding is determined by the CEC, but not to exceed  
               10% of overall funds.  If SB 1 is not enacted then the CEC  
               determines how much is needed and obtains half each from the  
               CPUC program and CEC program, the total not exceeding 10% of  
               either programs fund balance as of July 1, 2005.  

               There are two technical issues regarding the funding of the  
               program in the event that SB 1 is not enacted.  The first is  
               that the bill appears to require only a one-time infusion of  
               capital, rather than ongoing funding, and the second is that  
               the transfer of funds is based on the balance as of a specific  
               date, rather than program expenditures over a fiscal year.   The  
               author and committee may wish  to consider making these changes.

               In the event that SB 1 is not enacted, the SGIP program and the  
               PGC program expire in 2007 and 2008 respectively, leaving this  
               program without a long-term funding source.

              2.   Program Construction  -- The CEC has provided the author with  
               technical assistance by making this program administratively  
               very similar to an existing CEC revolving loan program.

              3.   Interest Rate  -- The bill gives the CEC the authority to  
               establish the interest rate for this loan program.  (The  
               interest rate for an existing CEC revolving loan program is  
               currently 4.5%.)  The bill requires a lower interest rate for  
               buildings which exceed existing energy efficiency standards.

              4.   Vague Goal  -- The program does not establish numeric goals.   
               It simply states that the goal is to place solar energy systems  
               on affordable housing units in the first year of the program.

              5.   Continuous Appropriation  -- The funds for this program are  
               continuously appropriated.



















          6.   Pending legislation  -- Several PV bills are pending this  
           session.  SB 1 establishes a comprehensive PV program and is  
           pending in the Assembly Utilities and Commerce Committee.  SB  
           816 (Kehoe) expands net metering in the service territory of  
           San Diego Gas and Electric Company and is pending in the  
           Assembly Appropriations Committee.  

          7.   Technical amendment  - Page 11, lines 27 and 29.  Replace  
           "To" with "The commission may"
                                        
                                 ASSEMBLY VOTES
       
      Assembly Floor                               (47-32)
      Assembly Appropriations Committee            (13-5)
      Assembly Utilities and Commerce Committee    (7-3)
      Assembly Housing and Community Development Committee           (5-1)

                                     POSITIONS
       
       Sponsor:
       
      Global Green

       Support:
       
      American Federation of State, County, and Municipal Employees
      Sierra Club California
      Western Center on Law and Poverty

       Oppose:
       
      None on file

      






















          Randy Chinn 
          AB 1383 Analysis
          Hearing Date:  June 30, 2005