BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 816
                                                                  Page  1

          Date of Hearing:  June 13, 2005

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                               Lloyd E. Levine, Chair
                     SB 816 (Kehoe) - As Amended:  April 13, 2005

           SENATE VOTE  :  37-0.
           
          SUBJECT  :  Electric Service Providers: net metering.

           SUMMARY  :  Increases the net-metering cap in the San Diego Gas  
          and Electric (SDG&E) service territory to permit SDG&E to "buy  
          back" more electricity generated by its customers.

           EXISTING LAW  requires electric-service providers (ESPs) to  
          credit all electricity generated by a customer-owned solar or  
          wind system against the customer's usage of electricity sold by  
          the utility, known as "net metering."  Current law requires ESPs  
          to offer net metering until net-metering customers account for  
          0.5% of the ESP's aggregate peak demand.

           FISCAL EFFECT  :  Unknown.

           COMMENTS  :  According to the author, the purpose of this bill is  
          to permit SDG&E to increase the amount of net-metering capacity  
          that SDG&E can offer to its customers.  Increasing the SDG&E cap  
          to 50 MW, as this bill proposes, would provide SDG&E several  
          years of net-metering expansion at the current pace, or room for  
          dramatic short-term expansion.

           Background  :  SB 656 (Alquist), Chapter 369, Statutes of 1995,  
          required all electric utilities to buy back any electricity  
          generated by a customer-owned solar or wind system.  This  
          buy-back program is known as "net metering" because the  
          electricity purchases of the customer are netted against the  
          electricity generated by the customer's own solar or wind  
          electric system.  The generated electricity spins the meter  
          backward, making it financially equivalent to using less  
          electricity for the customer. 

          Net metering was initially permitted for systems up to 10  
          kilowatts (kW) making it suitable for residential-sized  
          applications (a typical residential net-metered system is 2 to 4  
          kW).  The total amount of capacity that could be net metered was  
          capped at 0.1% of the ESP's load.  ABX1 29 (Kehoe), Chapter 8,  








                                                                  SB 816
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          Statutes of 2001, expanded the net metering program to large  
          commercial and industrial customers by raising the maximum size  
          of the net-metered system to one MW and lifting the cap on total  
          net-metered capacity.  The provisions of AB 29X relating to net  
          metering were to sunset on January 1, 2003, but were  
          subsequently extended by AB 58 (Keeley), Chapter 836, Statutes  
          of 2002, which also increased the cap to 0.5% of utility peak  
          demand. 

           Why Single out SDG&E:   According to the author, SDG&E is the  
          only investor-owned utility that is close to meeting the  
          existing net-metering cap of 0.5%.  The author states that  
          available remaining net-metering capacity will be fully utilized  
          within the next year when currently proposed projects are  
          installed.  According to SDG&E, it had 8.68 MW (1,638 customers)  
          of installed net metering capacity as of August 2004, a bit less  
          than half of the 0.5% cap.  It has another 3.98 MW (549  
          customers) in the process for a total of 12.66 MW, which is  
          about two-thirds of the 0.5% cap. 

          In addition, the City of San Diego has a goal of installing 50  
          MW of renewable energy by 2014 and collaborated with SDG&E in  
          establishing that goal.  Net metering provides an incentive for  
          customers to install renewable energy sources.  Without an  
          adjustment to the cap, SDG&E would not be able to offer net  
          metering to new customers, which may impede the City's ability  
          to attain its renewable energy goal. 
           
           The other large utilities, such as Pacific Gas and Electric  
          Company (PG&E) and Southern California Edison (SCE) are not  
          proponents of increasing the net-metering caps in their service  
          territories.  Because the meter spins backward to offset the  
          effect of the actual amount of electricity consumed, the  
          utilities end up "paying" the full retail price for generation  
          that was not consumed by the net-meter customer, which includes  
          transmission, distribution, and public goods surcharges (PGC).   
          The full retail price is far more expensive than the wholesale  
          generation cost of energy and these arrangements can be  
          financially detrimental to the utility and to the utilities'  
          conventionally metered customers.  
           
          The Public Goods Surcharge:   A PGC is assessed on a customer's  
          bill to fund low-income and medically dependent residential  
          customers, weatherization, and energy efficient appliances. The  
          surcharge is based on the quantity of electricity consumed.   








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          Because net metering turns the meter backward, it has the effect  
          of decreasing the reported amount of electricity consumed, thus,  
          decreasing the amount of PGC assessed to net-metered customers.   
          An increase in the net metering cap would allow more solar and  
          wind customers to avoid paying their share of the PGC and may  
          have the effect of either decreasing the level of service to  
          low-income customers, and/or shifting costs toward non-solar and  
          wind customers by increasing their PGC assessment.  

           RELATED LEGISLATION  :  AB 1547 (Levine) would raise the  
          net-metering cap statewide to 1.5% of a utility's load.
           
           SB 1 (Murray and Campbell) would raise the net metering cap  
          statewide to 5% of a utility's load.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          San Diego Gas and Electric (sponsor)
          City of San Diego
          San Diego Association of Governments
          Sempra Energy
           
            Opposition 
           
          None on file.

           Analysis Prepared by  :  Gina Mandy / U. & C. / (916) 319-2083