BILL ANALYSIS                                                                                                                                                                                                    




                                                                  AB 1470
                                                                  Page A
          Date of Hearing:   April 16, 2007

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                               Lloyd E. Levine, Chair
                   AB 1470 (Huffman) - As Amended:  April 12, 2007
           
          SUBJECT  :   Solar energy: The Solar Hot Water and Efficiency Act  
          of 2007.

           SUMMARY  :   Creates the Solar Hot Water and Efficiency Act of  
          2007 (SHWEA), a $250,000,000 subsidy program for solar hot water  
          heaters with the goal of promoting the installation of 200,000  
          solar hot water systems in California by 2017. 

           EXISTING LAW  :   Establishes a surcharge on all natural gas  
          consumed in the state to fund low-income assistance programs,  
          energy efficiency programs, and public interest research and  
          development programs. 

           THIS BILL  :  

          1)Provides that the California Public Utilities Commission (PUC)  
            shall fund the SHWEA through a surcharge applied to all  
            ratepayers of gas corporations based on the amount of natural  
            gas consumed by each ratepayer. In developing the surcharge:

               a.     No moneys shall be diverted from any existing low  
                 income assistance programs or any cost-effective energy  
                 efficiency programs. 

               b.     The surcharge shall not be imposed on customers  
                 participating the California Alternate Rates for Energy  
                 Program (CARE) or Family Electric Rate Assistance Program  
                 (FERA). 

               c.     The total amount collected through the surcharge  
                 over the life of the program shall not exceed  
                 $250,000,000.

          2)Provides that a "solar hot water system," which would be  
            eligible for the subsidy program in the SHWEA, means a solar  
            energy device that has the primary purpose of reducing demand  
            for natural gas through water heating, space heating or other  
            methods of capturing energy from the sun that is located on  
            the premises of a ratepayer who pays into the surcharge  









                                                                  AB 1470
                                                                  Page B
            created to fund SHWEA, but does not include solar pool heating  
            systems. 

          3)Requires the PUC, by July 1, 2008, to create a program to  
            promote the installation of 200,000 solar hot water systems in  
            homes and business throughout the state by 2017. 

          4)Requires the PUC, by July 1, 2008, to establish eligibility  
            criteria for solar hot water systems  receiving ratepayer  
            funded incentives. 

          5)Provides that in establishing the incentive structures and  
            criteria for SHWEA, the PUC shall draw upon the experience of   
            San Diego with the Solar Hot Water Pilot program currently  
            being conducted by the San Diego Regional Energy Organization  
            (SDREO).

          6)Requires the PUC, by July 1 2008, to establish conditions on  
            ratepayer funded incentives that include appropriate siting  
            and high quality installation of the solar hot water systems  
            and appropriate energy efficiency improvements in the  
            structure where the solar hot water system is installed. 

          7)Provides that not less than 10% of the SHWEA funds shall be  
            used for low income and affordable housing projects. 

          8)Provides that the rebates funded in the SHWEA shall decline  
            over time 

          9)Requires the PUC to report to the Legislature by July 1, 2010,  
            the effectiveness of the program and make recommendations as  
            to any changes that should be made to the program.

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :   According to the author the purpose of the bill is  
          "to give the PUC critical direction and parameters for the  
          implementation of a statewide, solar hot water program. A  
          statewide program is needed to grow the market [for solar hot  
          water systems] and make better use of this largely untapped yet  
          common-sense renewable energy and energy efficiency resource."  

          1)  Background  : In 2006, the Legislature approved SB 1  
          (Murray/Levine), Chapter 132, Statutes of 2006, which authorized  
          the California Solar Initiative (CSI). The CSI is a $3.2 billion  









                                                                  AB 1470
                                                                  Page C
          program with the goal of installing 3,000 megawatts (MW) of  
          solar electricity through a declining rebate program. The  
          rebates in the CSI are required to decline by an average of 7%  
          per year an be zero by 2017. Additionally, the CSI requires that  
          most of the rebates be performance based incentives (PBI) so  
          that incentives are only paid for actual electricity produced.  
          The CSI is limited to solar energy systems that convert the  
          sun's energy into electricity. This limitation excludes systems  
          that primarily offset the need for natural gas. SB 1 did contain  
          a provision allowing for $100,800,000 to be expended on solar  
          thermal devices that do not directly produce electricity, but in  
          implementing the SB 1 the PUC determined that they could not  
          spend this money on devices that only offset the need for  
          natural gas because the CSI was funded only through electricity  
          rates and electricity rate payers could not be required to fund  
          a program that only benefited natural gas ratepayers

          2)  Why solar hot water heaters?:  Supporters of this bill believe  
          that solar hot water heaters could be an important part of  
          California's energy future. A solar hot water heater could save  
          the average home owner between 100 and 200 therms of natural gas  
          a year after installing a $6,000 solar hot water heater. This  
          would be between 18% and 37% reduction in average usage. Based  
          on 2006 average residential gas prices, California residential  
          customers pay roughly $720 per year.  At this rate, customers  
          who install solar hot water heaters would save the average  
          residential user between $130 and $266 a year on their natural  
          gas bills. Even with that savings, it would still take more than  
          7-10 years for the customer to recover his initial investment.  
          Solar hot water heaters appear to have the potential to reduce  
          residential and natural gas consumption more than twice as much  
          as any other available energy efficiency technologies. 

          If the goals of this program were fully met, the programs could  
          result in a savings of 4,200,000 therms per year or a reduction  
          of 18% of California's current demand for natural gas. 


           
           Last year, the PUC looked at creating a solar hot water heater  
          program but expressed concerns over an incentive program for  
          solar hot water heaters. The PUC's Final Decision implementing  
          the CSI stated: 

               " ?solar water heating may already be cost-effective and  









                                                                  AB 1470
                                                                  Page D
               providing incentives under theses circumstances may have  
               the unintended effect of increasing the cost of solar water  
               heaters. In the past, this Commission provided incentives  
               for installations of solar water heaters and later  
               determined that the impact of the incentives was mainly to  
               increase the cost of the technology, which suggested that  
               sellers received a windfall profit and that public funds  
               were not required to motivate product sales." <1>

          Based on this assessment the PUC opted to create a pilot project  
          that would allow it  to evaluate the impacts on equipment  
          prices, demand, and overall cost-effectiveness of a solar hot  
          water heating program before developing a new statewide program.  
          The PUC authorized the SDREO to administer a $2.7 million pilot  
          project to test the feasibility of a broad based incentive  
          program for solar hot water systems. Substantive data from the  
          pilot project will likely not be available until the end of  
          2008. 

          This bill funds a program that is similar in structure to the  
          SDREO pilot project and requires the PUC to take into account  
          information obtained from the pilot project in developing the  
          incentive levels for the SHWEA. The SHWEA, however, requires the  
          PUC to implement the incentive program by July 1, 2008, six  
          months before substantive data will be available from the pilot  
          project.  To assure that the lessons of the SDREO pilot project  
          are fully integrated into the rebate program developed by the  
          PUC, the committee may wish to consider delaying implementation  
          of the program until the results of the pilot program are  
          available.   


          3)  Is $250,000,000 the right amount of money?  : The bill was  
          recently amended to increase the cost cap on the program from  
          $100,000,000 to $250,000,000. The sponsor has stated that they  
          determined that this was the necessary amount of funding to meet  
          the goals of the program based on revised estimates for the  
          goals, costs and rebate levels they believe are necessary to  
          build a mainstream solar hot water market. 

          While these estimates are based on good faith approach by the  
          supporters of this bill on what funding levels will be needed to  
          drive the market for new solar hot water systems and meet the  


          ---------------------------
          <1> California Public Utilities Commission Decision 06-01-024,  
          January 12, 2006, pages 12 - 13. 








                                                                  AB 1470
                                                                  Page E
          goals of the bill, the results of the pilot project will give  
          the PUC solid data on what the appropriate spending levels will  
          be to meet the goals of the program. The pilot project may  
          indicated that smaller rebates and less overall funds are needed  
          for the program. Given these facts, the $250,000,000 sum in the  
          bill was set as a cap on total spending and not a set spending  
          target. If the PUC finds that less money is sufficient to meet  
          the goals, they will have the flexibility to collect a reduced  
          amount of funding. The language in the bill however does not  
          directly tie the goals of the programs to the authority to raise  
          the funds for the program. This could result in the PUC using  
          this program to justify raising funds for projects that do not  
          meet the goal of installing 200,000 solar hot water systems in  
          California.  To assure that the PUC correctly determines the  
          amount of money needed to fund the SHWEA, the committee may wish  
          to consider amending the bill to directly tie the collection of  
          funds to the goal of installing 200,000 solar hot water systems  
          in California.  

          4)  Related Legislation  : This committee approved AB 1064 (Lieber)  
          which expanded the Self Generation Incentive Program (SGIP), an  
          existing subsidy program for clean distributed generation to  
          include solar thermal energy systems and solar hot water  
          systems, on April 9, 2007. The PUC has the authority to set the  
          level of money collected from rate payers to fund SGIP. In 2006,  
          the PUC collected $119.6 million to fund SGIP. 


           REGISTERED SUPPORT / OPPOSITION  :                       

           Support 
           
          AFSCME
          Association of California Community and Energy Services (ACCES)
          American Institute of Architects
          Americans for Solar Power (ASPv)
          Arise Solar
          California Solar Energy Industries Association (CALSEIA)
          Central Coast Energy Services, Inc.
          Clean Power Campaign
          Coalition for Clean Air
          Environment California
          LIHEAP Service Providers Committee
          Natural Resources Defense Council (NRDC)
          Northern California Solar Energy Association (NorCal Solar)









                                                                  AB 1470
                                                                  Page F
          Planning and Conservation League
          Sierra Club California
          Sierra Pacific Home & Comfort Inc.
          Southern California Forum
          SPG Solar, Inc.
          Working Assets

           Opposition

          None on file 
           

           
          Analysis Prepared by  :    Edward Randolph / U. & C. / (916)  
          319-2083