BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 920
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 920 (Huffman)
          As Amended  September 4, 2009
          Majority vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |51-26|(June 1, 2009)  |SENATE: |     |(September 11, |
          |           |     |                |        |     |2009)          |
           ----------------------------------------------------------------- 
                                                         (vote not  
          available)
           
           Original Committee Reference:    U. & C.  

           SUMMARY  :  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.  Specifically,  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 the customer's wind or  
            solar generator at a rate set by the California Public  
            Utilities Commission (PUC) 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% 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. 









                                                                  AB 920
                                                                 Page  2

           The Senate  amendments incorporate additional changes in Public  
          Utilities Code Section 2827, proposed by AB 560, to be operative  
          only if AB 560 and this bill are chaptered and become effective  
          on or before January 1, 2010, and this bill is chaptered last.
           
          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% 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. 

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version passed by the Senate.

           FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee, one-time costs of about $250,000 in 2010; ongoing  
          costs of about $210,000 for the two analyst positions to monitor  
          compliance with PUC decision and the impacts on net-metering  
          customers and other ratepayers.  

           COMMENTS  :   According to the author, the purpose of this bill is  
          to allow electric utility customers who install solar or wind  








                                                                  AB 920
                                                                  Page  3

          generators on their property to be paid by their electric  
          utility for all the "surplus" electricity they produce.  The  
          author 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  
          results in the utility "buying" the excess power and paying for  
          it in the form of a bill credit.
           
          The bill credit is set at the customer's retail cost (a cost  
          that is much higher than the wholesale generation costs since it  
          includes transmission, distribution, public good charges, and  
          the utility's rate of return).  If the customer-generator is  
          being paid the retail price, the add-on costs are shifted to the  
          utilities' other ratepayers.  The bill is settled at the end of  
          the year instead of on a monthly basis.  This allows the  
          customer to balance high production months against low  
          production months.  Since it is a bill credit, if for some  
          reason the customer is a net energy producer (meaning over the  
          course of a year the customer-generator produces more than he or  
          she consumes) the year-end bill will be zero, but no check will  
          be written to the customer. 

          SB 920 provides that a customer of IOUs and most POUs that  
          installs solar or wind generators on their own property that  
          produce more electricity than the customer's own demand (up to  
          one megawatt in size) will receive a check from the utility for  
          that surplus generation.  To be eligible for CSI rebates the  
          system must still be sized to actual or projected load of the  
          customer-generator at the time the solar energy system is  
          installed.  This means that customers cannot intentionally  
          oversize a solar energy system and receive a CSI rebate.  If the  
          customer's future electricity usage is less than the usage at  
          the time of installation the customer will be under a  








                                                                  AB 920
                                                                  Page  4

          net-metered tariff that gives the customer a bill credit valued  
          at the retail rate of electricity for any excess the customer  
          produces during the year, but at the end of the year if bill  
          credits exceed the total electricity the customer consumed from  
          the utility the customer will be a net surplus producer and the  
          utility would then owe the customer money for the net surplus  
          electricity.  The net surplus power electricity would be valued  
          at a rate set by PUC at a just and reasonable rate that ensures  
          no cost shifting.  This rate will likely be less than the value  
          associated with retail rate for the electricity credited against  
          their bill. 


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


                                                               FN: 0003101