BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                            Senator Carole Migden, Chair

                                           1037 (Kehoe)
          
          Hearing Date:  5/16/05          Amended: 4/27/05
          Consultant:  Lisa Matocq        Policy Vote: E, U & C 7-2
          _________________________________________________________________ 
          ____
          BILL SUMMARY:   

          SB 1037 (1) requires the Public Utilities Commission (PUC) to  
          require public and private gas and electric utilities, in  
          procuring energy, to first acquire all available energy  
          efficiency and demand reduction resources that are  
          cost-effective and feasible (before conventional generation or  
          other resources), as specified, (2) requires the PUC, in  
          considering an application for a certificate of public  
          convenience and necessity for an electric transmission or  
          distribution facility, to consider all cost-effective  
          alternatives that meet the need, as specified, and (3)  
          eliminates the prohibition on the use of public goods charge  
          revenues for new energy-efficient refrigerators.  
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions               2005-06     2006-07    2007-08    Fund
                                                                   
          PUC                                            Probably $100 to  
          $500 annually,         Special*
                                                         offset by fee  
          revenues

          *Public Utilities' Reimbursement Account (PURA)  
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: 
          
          According to the author's office, this bill, among other things,  
          attempts to codify the loading order principle of "energy  
          efficiency first contained in the Energy Action Plan, which was  
          adopted by the state's energy agencies.  

          Current law requires investor-owned utilities (IOUs) to procure  










          energy according to a procurement plan, approved by the PUC. 

          This bill requires public and private gas and electric utilities  
          in procuring energy, to first acquire all available energy  
          efficiency and demand reduction resources that are  
          cost-effective and feasible, as specified.  Generally, this is  
          the existing policy of the PUC, although here it is also being  
          applied to local publicly-owned utilities.   

          Existing law, SB 1565 (Bowen, Ch. 562, St. of 2004) requires the  
          California Energy Commission (CEC) to adopt a statewide  
          transmission plan.  

          This bill requires the PUC, in considering an application for a  
          certificate of public convenience and necessity for an electric  
          transmission or distribution facility, to consider all  
          cost-effective alternatives that meet the need, as specified.

          SB 1037
          Page Two

          The IOUs administer, subject to PUC approval, a variety of  
          energy efficiency programs including rebates and subsidies for  
          replacement appliances, including refrigerators. These programs  
          are funded with electricity rate revenues. 

          Current law requires the investor-owned utilities to impose a  
          surcharge, referred to as the public goods charge (PGC), on  
          electricity bills to fund energy efficiency and conservation  
          programs. Each year, the utilities collect about $200 million in  
          PGC revenues.  Existing law also prohibits the use of such funds  
          for the purchase of energy-efficient refrigerators, due a  
          concern that the old refrigerator would be retained as a second  
          refrigerator, thereby undermining the purpose of the replacement  
          program.  

          This bill eliminates the prohibition on the use of PGC funds for  
          replacement refrigerators.  

          Increased costs to the PUC are unknown, but probably in the  
          range of $100,000 to $500,000 to conduct proceedings, consider  
          alternatives in transmission and distribution planning, and  
          comply with the other provisions of the bill. PURA revenues are  
          derived from an annual fee imposed on utilities.  Therefore, any  
          increased costs to the PUC should be offset by fee revenues. 











          Any increased costs to local publicly owned utilities should be  
          recovered in rates. 

          SB 769 (Simitian), also being heard in this Committee today,  
          among other things, requires the PUC to establish a refrigerator  
          replacement program and repeals the prohibition on the use of  
          PGC revenues for new energy efficient refrigerators. 

          SB 1059 (Escutia), also being heard in this Committee today,  
          gives the CEC the authority to designate electric transmission  
          corridor zones.