BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 920|
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                                 THIRD READING


          Bill No:  AB 920
          Author:   Huffman (D), et al
          Amended:  9/4/09 in Senate
          Vote:     21

           
           SENATE ENERGY, U.&C. COMMITTEE  :  6-4, 7/7/09
          AYES:  Padilla, Corbett, Kehoe, Lowenthal, Simitian,  
            Wiggins
          NOES:  Benoit, Calderon, Cox, Wright
          NO VOTE RECORDED:  Strickland

           SENATE APPROPRIATIONS COMMITTEE  :  8-5, 8/27/09
          AYES:  Kehoe, Corbett, Hancock, Leno, Oropeza, Price, Wolk,  
            Yee
          NOES:  Cox, Denham, Runner, Walters, Wyland

           ASSEMBLY FLOOR  :  51-26, 6/1/09 - See last page for vote


           SUBJECT  :    Solar and wind distributed generation

           SOURCE  :     Environment California


           DIGEST  :    This bill expands the current net-metering  
          programs for wind and solar, to allow the net-metered  
          customers to sell any excess electricity they produce over  
          the course of a year to their electric utility.

           Senate Floor Amendments  9/4/09 prevent this bill from being  
          chaptered out by AB 560 (Skinner).

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           ANALYSIS  :    

          Existing law:

          1. Creates the California Solar Initiative (CSI), a $3.3  
             billion declining rebate program to offset the cost of  
             installing solar panels on homes, businesses, and public  
             buildings.  The program requires that in order to be  
             eligible for CSI rebates, among other requirements, the  
             solar energy must be intended to offset part or all of  
             the consumer's own electricity demand (the panels should  
             not produce more electricity than the customer's  
             historic peak demand).

          2. Requires IOUs to offer customers with solar or wind  
             generation that is smaller than one megawatt in size, a  
             net-metered tariff where the customer can sell back  
             electricity produced from the solar or wind facility  
             that exceeds that customer's usage at a moment in time  
             as a bill credit against electricity that the customer  
             receives from the utility when their renewable facility  
             produces less than the customer is consuming.  Caps the  
             total amount of solar and wind generation that can be  
             subject to net-metering at 2.5 percent of each utility's  
             aggregate peak demand.

          3. Requires all POUs other than the Los Angeles Department  
             of Water and Power (LADWP) to offer a net-metering  
             tariff as provided in 2) above, or offer a co-metering  
             tariff where the bill credit is based only on the cost  
             of generation and not the entire retail rate.  Exempts  
             LADWP from the net-metering and co-metering  
             requirements.

          This bill:

          1. Defines a "net surplus customer-generator" as a  
             customer-generator that generates more electricity in a  
             12-month period than the customer purchases from the  
             utility in that same period. 

          2. Requires all investor owned utilities (IOUs) and  
             publicly owned utilities (POUs) that offer net-metering  
             to purchase all net surplus electricity produced from  

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             the customer's wind or solar generator at a rate set by  
             the California Public Utilities Commission (CPUC) or  
             POU. The rate shall be set to provide the  
             customer-generator "just and reasonable" compensation  
             for the surplus energy sales, leave all other ratepayers  
             indifferent, and shall not result in any cost shifting  
             to non-customer generators.

          3. Caps the amount of net surplus electricity a utility  
             must purchase at 2.5 percent of each electric utility's  
             aggregate peak demand.

          4. Provides that the utility shall own all of the renewable  
             attributes or renewable energy credits (RECs) associated  
             with any net surplus electricity it must purchase.  The  
             customer will retain REC of any renewable energy credit  
             associated with any electricity generated by the  
             customer that is utilized by the customer.


           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee analysis:

                          Fiscal Impact (in thousands)

           Major Provisions           2009-10        2010-11         2011-12   
                 Fund  

          Regulatory oversight     $125           $335             
          $210           Special*

          Increased electricity costs        Unknown               
          Various
          for state agencies

          *Public Utilities Commission Utilities Reimbursement  
          Account

           SUPPORT  :   (Verified  9/4/09)

          Environment California (source)
          American Federation of State, County and Municipal  

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          Employees
          Breathe California
          California Association of Realtors
          California State Grange
          Clean Power Campaign
          Coalition for Clean Air
          Green California
          National Parks Conservation Association
          Nonprofit Housing Association of Northern California
          Pacific Environment
          Planning and Conservation League
          San Diego County
          Sierra Club California

           OPPOSITION  :    (Verified  9/1/09)

          California Association of Small and Multi-jurisdictional  
          Utilities
          Pacific Gas & Electric
          Public Utilities Commission (unless amended)
          Sacramento Municipal Utility District

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          the purpose of this bill is to allow electric utility  
          customers who install solar or wind generators on their  
          property to be paid by their electric utility for all the  
          "surplus" electricity they produce.  The author's office  
          believes this will encourage homeowners and businesses to  
          conserve more electricity (and thus have more surplus power  
          they can sell to the utility) and will allow property  
          owners to install the maximum number of solar panels on  
          their home. 

          Under net-metering, electric utilities are required to "buy  
          back" any electricity generated by a customer-owned  
          generator solar or wind generator that is not used by that  
          customer.  When the customer generates electricity, he/she  
          uses most of it for his or her own facility.  Any excess  
          electricity passes through the meter and is distributed to  
          the electricity grid.  At the end of the year, the electric  
          corporation calculates the amount of electricity  
          distributed to the grid by the customer and reduces the  
          customer's annual bill by the amount of electricity  
          distributed to the electricity grid by the customer.  This  

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          results in the utility "buying" the excess power and paying  
          for it in the form of a bill credit.

           ARGUMENTS IN OPPOSITION  :    The CPUC states in opposition  
          "This bill fundamentally changes the intent of the net  
          energy metering (NEM) statute from a program that  
          facilitates onsite electricity generation and consumption  
          to a program that supports onsite customer generators to be  
          paid as wholesale power producers.  Customers currently  
          receive significant ratepayer support to be onsite customer  
          generators, and net surplus compensation would add another  
          benefit to solar customers before the completion of the  
          CPUC's report on the costs and benefits of NEM, due to the  
          legislature January 1, 2010."  
           
           ASSEMBLY FLOOR  : 
          AYES: Adams, Ammiano, Arambula, Beall, Blakeslee,  
            Blumenfield, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De  
            Leon, Eng, Evans, Feuer, Fong, Fuentes, Galgiani, Hall,  
            Hayashi, Hernandez, Hill, Huffman, Krekorian, Lieu,  
            Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, Nestande,  
            John A. Perez, V. Manuel Perez, Portantino, Price,  
            Ruskin, Salas, Saldana, Skinner, Smyth, Solorio, Swanson,  
            Torlakson, Torres, Torrico, Yamada, Bass
          NOES:  Anderson, Bill Berryhill, Tom Berryhill, Conway,  
            Cook, DeVore, Duvall, Emmerson, Fletcher, Fuller, Gaines,  
            Garrick, Gilmore, Hagman, Harkey, Huber, Jeffries,  
            Knight, Logue, Miller, Niello, Nielsen, Silva, Audra  
            Strickland, Tran, Villines
          NO VOTE RECORDED:  Block, Furutani, Jones


          DLW:do  9/8/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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