BILL ANALYSIS SB 1 Page 1 SENATE THIRD READING SB 1 (Murray) As Amended August 31, 2005 Majority vote SENATE VOTE :30-5 UTILITIES AND COMMERCE 7-0 APPROPRIATIONS 13-4 ----------------------------------------------------------------- |Ayes:|Levine, Baca, Pavley, De |Ayes:|Chu, Bass, Berg, | | |La Torre, Jerome Horton, | |Calderon, Karnette, | | |Montanez, Jones | |Klehs, Leno, Nation, | | | | |Oropeza, Laird, Saldana, | | | | |Yee, Mullin | | | | | | |-----+--------------------------+-----+--------------------------| | | |Nays:|Sharon Runner, Emmerson, | | | | |Nakanishi, Walters | | | | | | ----------------------------------------------------------------- HOUSING & COMMUNITY DEVELOPMENT 6-1 ----------------------------------------------------------------- |Ayes:|Mullin, Garcia, Baca, | | | | |Hancock, Salinas, Torrico | | | |-----+--------------------------+-----+--------------------------| |Nays:|La Suer | | | | | | | | ----------------------------------------------------------------- SUMMARY : Establishes the Million Solar Roofs Initiative (MSRI), the goal of which is to place one million solar energy systems, or the equivalent 3,000 megawatts (MW) of capacity, on new or existing residential and commercial buildings by 2018. Specifically, this bill : 1)Requires the California Energy Commission (CEC) to develop, implement, and fund the MSRI, and establish an incentive program for solar energy systems, as follows: a) The incentives shall not exceed the subsidy level in existence on January 1, 2006 ($2.80/watt, or $7,000 for a 2.5kW residential system). The incentives will decline by SB 1 Page 2 7% per year until the rebate is zero in 2016; b) The incentives can be increased by 50% for zero energy homes or zero energy commercial structures; c) The incentives can be increased by 25% for solar energy systems that are installed on structures that exceed the CEC's established energy efficiency building standards; and, d) By 2010, 50% of all incentive money shall be spent on performance incentives that are based on the actual output of the solar energy system. 2)Requires CEC to develop eligibility criteria for solar energy systems to qualify for the rebate, including: a) That the incentives only be used for distributed generation installations and not for large facilities that are owned by the electric utility or by companies that sell the electricity directly to the utility; b) The solar energy system must have at least a 10-year manufacturer's warranty; and, c) Monetary incentives from the MSRI to commercial customers shall is a "public works." 3)Requires that at least 10% of the funds from the MSRI be spend on affordable housing. 4)Requires the California Public Utilities Commission (PUC) to open a new proceeding to determine the level of additional funding needed to finance the MSRI. Requires cost of this program to be recovered from all investor owned utilities' (IOUs) ratepayers, except ratepayers participating in the California Alternate Rates for Energy (CARE) program and the Federal Electric Rate Assistance (FERA) program. (To be eligible to participate in CARE the household income must be below 175% of the federal poverty level (FPL). To be eligible for FERA the household income must be below 225% of the FPL.) 5)Caps the total amount of money that can be collect from customers of the three largest IOUs to fund the program at SB 1 Page 3 $1.8 billion. 6)Requires PUC to require time-variant pricing for all ratepayers with a solar energy system. 7)Raises the net metering cap from 0.5% to 2.5%. 8)Requires CEC to issue an assessment of the success of the MSRI to the Legislature by January 1, 2009, and every third year thereafter. 9)Requires sellers of production homes, as defined, to offer solar energy systems on new homes for which tentative subdivision maps are completed on or after January 1, 2010. 10)Requires CEC to commence a proceeding by July 1, 2006, and conclude that proceeding within three years, to consider if and when solar energy systems should be required on new residential and commercial buildings. 11)Requires municipal utilities to adopt a similar program with proportionate expenditures. EXISTING LAW : 1)Requires the implementation of a public goods surcharge to fund energy efficiency; renewable energy; and research, development and demonstration programs from January 1, 2002, to January 1, 2012. The surcharge is a nonbypassable element of the local distribution service and collected on the basis of usage. 2)Establishes a net metering program whereby residential and other customers can receive credits to their monthly electricity bills for up to 12 months for producing and placing electricity on the grid from photovoltaic (PV) or other renewable sources as specified in statute. 3)Establishes incentive programs for PV technologies within CEC and PUC. These programs offer varying degrees of incentive payments per kilowatt-hour for residential or commercial customers purchasing certain types of renewable technology like PV cells. SB 1 Page 4 4)Establishes tax exemptions for property tax, interest on loans, or personal or corporate income tax credits for customers as a result of increasing energy efficiency or purchasing renewable technology like solar or wind. 5)Requires IOUs to increase their existing level of renewable resources by one percent of sales per year until a portfolio of 20% renewable resources is achieved by no later than 2017. Municipal electric utilities are not subject to these standards, but are required to implement and enforce their own renewable resource procurement programs. FISCAL EFFECT : Unknown COMMENTS : This is the Governor's MSRI. It establishes the ambitious goal of installing solar energy systems on one million residential and commercial properties by 2018. Additionally, the bill requires builders of new production homes to offer solar energy systems on all homes at some point after 2010. This bill creates a declining rebate program that grants rebates on the installation of solar energy systems starting at $2.80 per watt and requires that the rebates decline by 7% a year until they reach $0 in 2015. Additionally the bill requires that at least 50% of the rebate money ultimately be used on performance based incentives that are based on the actual output of solar energy systems. The concept behind this rebate program is to provide significant sums of money in the early years of the program to kick start the solar industry, but require the rebate to rapidly decrease so that the industry can become self sufficient and the cost of solar energy systems rapidly decrease. A similar program in Japan has resulted substantial increase in solar production in the country while the price of installing rooftop solar energy systems has declined dramatically. In California today, a typical residential PV system is between 2kW - 4kW in size. The installation cost is about $9,000/kW ($9/watt), so a 2.5 kW system would cost $22,500. With the current rebate of $2,800 per kW ($2.80/watt) the rebate would bring the cost of the system to $15,500. A 7.5% state tax credit would bring the system cost down to $14,338. The state tax credit is set to expire at the end of this year. SB 1 Page 5 Under the current rebate structure and the net metering program (which credits consumers' electric bills for selling excess electricity back to the utility) over the life of a solar energy system the customer should break even on their investment. For commercial customers, the final after-tax cost is much lower because of greatly accelerated depreciation and a 10% federal tax credit which does not apply to residential installations. As the rebates decline under the MSRI, the customer costs may increase. However, the proponents of the measure believe that as the solar market grows, prices will decrease and even with the smaller rebates customers will continue to break even on their investments. While SB 1 caps the amount of funds that can be raised from IOU ratepayers to support the MSRI at $1.8 billion over the life of the program, the total costs of the MSRI are indeterminable, and depend on a number of factors, such as participation; mix of residential to small commercial and industrial; and the future costs of solar energy systems. The costs will not only include the direct incentive programs created in SB 1 but also potentially include other indirect subsidies such as net metering which requires the utilities to credit customer bills for excess power produced at a rate that will far exceed the utility's generation costs. Actual estimates on costs offered by supporters and opponents of the bill range from between $2 billion and $7 billion over the life of the program. Advocates for SB 1 argue that solar power will benefit all Californians because of its ability to meet peak demand. They argue that because solar power is most abundant at the times of the year when the weather is hot and demand for electricity is highest and consequently costliest, installing solar power will ultimately lead to lower rates for all ratepayers. The solar panel will replace the need to procure peaking power, which generally comes from the most expensive power plants that only operate at times of peak demand. Today, most solar panels in California are installed to maximize total electricity production (generally facing south) and not to maximize production at the time of day power is needed the most. A solar panel facing south will produce more total electricity than any other configuration, but it will not maximize electricity when the state needs it the most, at times of peak SB 1 Page 6 demand. SB 1 now requires at least 50% of all MSRI funds be used for performance based incentives that will place a higher value on production at times of peak demand and will require that all solar customers are billed on a time-of-use basis. This provision will create strong incentives for customers to optimize their solar panels for peak load production. Builder's Must Offer Mandate: This bill requires all builders of new home developments with 50 or more units (production homes) to give potential home buyers the option of purchasing a solar energy system when the customer purchases the house (a must-offer requirement). The author believes this must-offer requirement will work in the same way new home buyers choose what type of flooring or cabinets to have installed: when they buy the house they will go down a list of optional features in the house, and solar energy will be one of the options. Currently, this bill provides that the must-offer requirement applies to all production homes for which a subdivision tentative map is completed on or after January 1, 2010. A subdivision tentative map must be approved before construction can begin and it can be years after a subdivision tentative map is approved before a production home is offered for sale. While the time lag can vary, on average it takes three years between the approval of the map and the first production home being offered for sale. This average time lag means that the must offer provision in the bill will not go into full effect until 2013, 7 years after the MSRI is implemented and only four years before the incentives will terminate. For a more detail discussion of this bill and more information on the current rebate programs in California, other states, and other counties please refer to the July 6, 2005, Assembly Utilities and Commerce Committee analysis. Analysis Prepared by : Edward Randolph / U. & C. / (916) 319-2083 FN: 0012840