BILL ANALYSIS AB 1383 Page 1 GOVERNOR'S VETO AB 1383 (Pavley) As Amended September 2, 2005 2/3 vote ----------------------------------------------------------------- |ASSEMBLY: |47-32|(June 1, 2005) |SENATE: |23-13|(September 8, | | | | | | |2005) | |-----------+-----+----------------+--------+-----+---------------| | | | | | | | |-----------+-----+----------------+--------+-----+---------------| |ASSEMBLY: |46-32|(September 8, | | | | | | |2005) | | | | ----------------------------------------------------------------- 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 AB 1383 Page 2 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. AB 1383 Page 3 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. AB 1383 Page 4 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 AB 1383 Page 5 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- FN: 0013399