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