BILL ANALYSIS                                                                                                                                                                                                    





                                                                  AB 1383

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          GOVERNOR'S VETO
          AB 1383 (Pavley)
          As Amended September 2, 2005 
          2/3 vote

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          |ASSEMBLY:  |47-32|(June 1, 2005)  |SENATE: |23-13|(September 8,  |
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          |ASSEMBLY:  |46-32|(September 8,   |        |     |               |
          |           |     |2005)           |        |     |               |
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           Original Committee Reference:    H. &.C.D. 

           SUMMARY  :  Creates a grant to facilitate the installation of  
          solar energy systems in low-income housing.

           The Senate amendments  :

          1)Create a revolving loan program, administered by the  
            California Energy Commission (CEC), for use by affordable  
            housing developers to finance up to 75 percent 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.

          2)Require the California Energy Commission (CEC) to evaluate the  
            level of funding needed and provides that a certain amount of  
            moneys would be transferred from the Emerging Renewable  
            Resources Account and the self-generation incentive program  
            for distributed generation resources.

          3)Require CEC to collect a fee for each application for an  
            allocation.  Establish requirements for repayment of the  
            allocations.

          4)Require CEC to submit a report, by October 31, 2007, and  
            annually thereafter, to the Legislature on the portfolio of  










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            loans, the condition of the fund, and the anticipated demand.   
            CEC would also be required to report by January 1, 2006 on the  
            estimated amounts needed to be transferred to the fund from  
            various specified sources, upon appropriation of the  
            Legislature.
           
          EXISTING LAW  :   

          1)Provides $135 million annually to the Renewable Resource Trust  
            Fund from investor-owned utility (IOU) customers' rates to  
            provide rebates and credits for renewable energy programs.

          2)Provides subsidies for photovoltaic (PV) solar energy systems  
            which total about $30 million annually, accounting for roughly  
            half of the installed cost of a system.  

          3)Establishes a separate program for the installation of PV  
            energy systems on affordable housing projects.  The subsidy  
            for these systems is capped at 75% of the installed cost.  

           AS PASSED BY THE ASSEMBLY  , this bill allowed CEC to increase the  
          maximum allowable rebates for installation of solar energy  
          systems on affordable housing projects from 75% of the installed  
          costs to a level of up to 100% of the total installed costs to  
          stimulate increased participation in the current rebate program  
          from affordable housing.  
           
           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, AB 1383 transfers funds from the Emergency Renewable  
          Resources Account and the fund identified (and unnamed) in  
          subdivision (a) of Chapter 329 (Statutes of 2000), or from the  
          funds appropriated in SB 1 (Murray and Campbell), the Million  
          Solar Roofs Initiative.

           COMMENTS  :  

          1)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.   










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            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.
           
          2)Current subsidies:  California has several subsidy programs  
            targeted specifically at PV systems.  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  
            Public Utilities Commission 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.
           










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          3)Affordable housing:  Of the 20,000 affordable housing units  
            built annually in California, about 5,000 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.
           
          GOVERNOR'S VETO MESSAGE  :

               Solar energy offers all Californians a great  
               opportunity to increase our peak energy production  
               with safe reliable renewable energy.  This is why I  
               developed the "Million Solar Roofs Initiative" which  
               is an aggressive comprehensive solar plan that will  
               result in the creation of 3,000 mega watts of clean  
               energy by the year 2018.  Recognizing the initial  
               capital investment for solar can be an impediment for  
               some Californians, my plan included several incentives  
               for those individuals including an exemption from the  
               surcharge for all customers that participate in the  
               state and federal rate reduction programs and a  
               mandate that at least 10 percent of the funds spent  
               under that program go to affordable housing projects.   
               This is in addition to existing law that provides an  
               additional 25 percent increase in the amount of  
               incentive for qualified low wealth applicants.

               This bill creates the Low Income Housing Development  
               Revolving Loan Program to help finance solar systems  
               on affordable housing projects. As demonstrated by  
               inclusion in my comprehensive plan, this is a concept  
               I strongly support, however there are significant  
               flaws with this bill.  The funding sources identified  
               as seed money for the program are the Emerging  
               Renewable Resources Account (ERRA) at the California  










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               Energy Commission and the Self Generation Incentive  
               Program (SGIP) at the California Public Utilities  
               Commission.  The ERRA has a zero balance and will not  
               have any additional funding through December 31, 2008  
               and the SGIP program is limited to commercial and  
               industrial projects.  Additionally, the SGIP program  
               is a reimbursement program for the Investor Owned  
               Utilities; no funding is ever collected making it  
               unclear how any seed money would be available.

               I encourage the Legislature to pass my "Million Soar  
               Roof Initiative" which guarantees access to affordable  
               solar energy for all Californians, including those  
               with limited financial means.


           Analysis Prepared by  :    Hubert Bower / H. & C.D.  / (916) 319-
           
           
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