California Assembly Bill AB693 Amended / Bill

 BILL NUMBER: AB 693AMENDED BILL TEXT AMENDED IN SENATE SEPTEMBER 1, 2015 AMENDED IN SENATE AUGUST 18, 2015 AMENDED IN SENATE JUNE 16, 2015 AMENDED IN ASSEMBLY APRIL 30, 2015 AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Members Eggman and Williams FEBRUARY 25, 2015 An act to amend Section 748.5 of, and to add Chapter 9.5 (commencing with Section 2870) to Part 2 of Division 1 of, the Public Utilities Code, relating to energy. LEGISLATIVE COUNSEL'S DIGEST AB 693, as amended, Eggman. Multifamily Affordable Housing  Renewables   Solar Roofs  Program. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. That act requires the state board to adopt a statewide greenhouse gas emissions limit, as defined, to be achieved by 2020, equivalent to the statewide greenhouse gas emissions level in 1990. The state board is authorized to include market-based compliance mechanisms to comply with the regulations. The implementing regulations adopted by the state board provide for the direct allocation of greenhouse gas allowances to electrical corporations pursuant to a market-based compliance mechanism. Existing law authorizes the commission to allocate 15% of these revenues for clean energy and energy efficiency projects established pursuant to statute that are administered by electrical corporations and requires the commission to direct the balance of the revenues to be credited directly to the residential, small business, and emissions-intensive trade-exposed retail customers of the electrical corporations, as specified. This bill would authorize a qualified 3rd-party administrator to administer the clean energy and energy efficiency projects. Existing law requires the commission to  establish a program of assistance to low-income electric and gas customers, referred to as the California Alternate Rates for Energy, or CARE, program. Existing law requires the commission to  ensure that not less than 10% of the funds for the California Solar Initiative are utilized for the installation of solar energy systems, as defined, on low-income residential housing, as defined. Pursuant to this requirement, the commission adopted decisions that established the Single-Family Affordable Solar Homes Program and the Multifamily Affordable Solar Housing Program, pursuant to which the electrical corporations provide monetary incentives for the installation of solar energy systems on low-income residential housing. This bill would require the commission to annually authorize the allocation of $100,000,000 or 10% of available funds, whichever is less, beginning with the fiscal year commencing July 1, 2016, and ending with the fiscal year ending June 30, 2026, from the greenhouse gas allowance revenues received by electrical corporations set aside for clean energy and energy efficiency projects for the Multifamily Affordable Housing Renewables   Solar Roofs  Program, which the bill would create. The bill would require the program to be administered by a qualified 3rd-party administrator, selected by the commission through a competitive bidding system, with not more than 10% of the allocated funds to be used for administration. The bill would require the commission to authorize the award of monetary incentives for  qualifying renewable   solar  energy systems, as defined, that are installed on qualified multifamily affordable housing properties, as defined, through December 31, 2030, with the target of the program being to install a combined generating capacity of  at least  300 megawatts on qualified  multifamily affordable housing  properties. The bill would require the commission to require that the electricity generated by qualifying  renewable   solar  energy systems installed on qualified multifamily affordable housing properties pursuant to the program be primarily used to offset electricity usage by low-income tenants. The bill would require that  low-income customers participating in the program   tenants  receive offsets on utility bills from the program through virtual net metering tariffs, as defined. The bill would require the commission, by July 30, 2018, and by July 30 of every  even   third  year thereafter through  2032,   2030,  to submit an assessment, as specified, to the Legislature of the success of the Multifamily Affordable Housing  Renewables   Solar Roofs  Program. Existing law makes any public utility and any corporation or person other than a public utility that violates any part of any order, decision, rule, direction, demand, or requirement of the commission guilty of a crime. Because the provisions of this bill require action by the commission to implement its requirements, a violation of these commission-ordered requirements would impose a state-mandated local program by creating a new crime. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) It is necessary to provide assistance to low-income utility customers to make sure they can afford to pay their energy bills. (b) Programs that reduce the costs of the energy utilities' California Alternate Rates for Energy, or CARE, program can support the long-term ability of the CARE program to meet the needs of low-income customers. (c) Installing qualifying  renewable energy systems, including solar energy systems,   solar energy systems  in disadvantaged communities can provide local economic development benefits while advancing the state's renewable energy policies and policies to reduce emissions of greenhouse gases. (d) The Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act (Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code) requires that a minimum of 25 percent of the available moneys in the Greenhouse Gas Reduction Fund be allocated to projects that provide benefits to disadvantaged communities and 10 percent fund projects in disadvantaged communities. (e) It is the goal of the state to make qualifying  renewable   solar  energy  systems, including solar energy resources,   systems  more accessible to low-income and disadvantaged communities and, as in the case of the Multifamily Affordable Housing  Renewables   Solar Roofs  Program, to install those systems in a manner that represents the geographic diversity of the state. (f) It is the goal of the state to install qualifying  renewable   solar  energy systems that have a generating capacity equivalent to at least 300 megawatts for the express purpose of lowering the energy bills of  CARE-eligible  tenants at low-income multifamily housing. SEC. 2. Section 748.5 of the Public Utilities Code is amended to read: 748.5. (a) Except as provided in subdivision (c), the commission shall require revenues, including any accrued interest, received by an electrical corporation as a result of the direct allocation of greenhouse gas allowances to electric utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations to be credited directly to the residential, small business, and emissions-intensive trade-exposed retail customers of the electrical corporation. (b) Not later than January 1, 2013, the commission shall require the adoption and implementation of a customer outreach plan for each electrical corporation, including, but not limited to, such measures as notices in bills and through media outlets, for purposes of obtaining the maximum feasible public awareness of the crediting of greenhouse gas allowance revenues. Costs associated with the implementation of this plan are subject to recovery in rates pursuant to Section 454. (c) The commission may allocate up to 15 percent of the revenues, including any accrued interest, received by an electrical corporation as a result of the direct allocation of greenhouse gas allowances to electrical distribution utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations, for clean energy and energy efficiency projects established pursuant to statute that are administered by the electrical corporation, or a qualified third-party administrator as approved by the commission, and that are not otherwise funded by another funding source. SEC. 3. Chapter 9.5 (commencing with Section 2870) is added to Part 2 of Division 1 of the Public Utilities Code, to read: CHAPTER 9.5. MULTIFAMILY AFFORDABLE HOUSING  RENEWABLES   SOLAR ROOFS  PROGRAM 2870. (a) As used in this section, the following terms have the following meanings: (1) "CARE program" means the California Alternate Rates for Energy program established pursuant to Section 739.1. (2) "Program" means the Multifamily Affordable Housing  Renewables   Solar Roofs  Program established pursuant to this chapter. (3) "Qualified multifamily affordable housing property" means a multifamily residential  complex  building  of at least five rental housing units that is  operated to provide deed   -restricted  low-income residential housing, as defined in  clause (i) of subparagraph (A) of paragraph (3) of  subdivision (a) of Section 2852, and that meets  at least  one  or more  of the following requirements: (A) The property is located in a disadvantaged community, as identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code. (B) At least 80 percent of the  residents reside in households, adjusted by size, having incomes not in excess of   households have incomes at or below  60 percent of the area median  income of the county.   income, as defined in subdivision (f) of Section 50052.5 of the Health and Safety   Code.   (4) "Qualifying renewable energy system" means a facility that generates electricity using biomass, solar thermal, photovoltaic, wind, geothermal, fuel cells using renewable fuels, small hydroelectric generation of 30 megawatts or less, digester gas, municipal solid waste conversion, landfill gas, ocean wave, ocean thermal, or tidal current, and any additions or enhancements to the facility using that technology, and that, for a photovoltaic facility, meets the eligibility criteria established by the Energy Commission pursuant to subdivisions (a) and (c) of Section 25782 of the Public Resources Code.   (4) "Solar energy system" means a solar energy device that has the primary purpose of providing for the collection and distribution of solar energy for the generation of electricity, that produces at least one kilowatt, and not more than five megawatts, alternating current rated peak electricity, and that meets or exceeds the eligibility criteria established pursuant to Section 25782 of the Public Resources Code.  (5) "Virtual net metering tariffs" mean the tariffs that the commission approves pursuant to Section 2827 to provide net energy metering to multitenant or multimeter properties. (b) (1) The commission shall annually authorize the allocation of one hundred million dollars ($100,000,000) or 10 percent of available funds, whichever is less, from the revenues described in subdivision (c) of Section 748.5 for the Multifamily Affordable Housing  Renewables   Solar Roofs  Program, beginning with the fiscal year commencing July 1, 2016, and ending with the fiscal year ending June 30, 2026.  The commission shall   continue authorizing the allocation of these funds through June 30, 2026, if the commission determines that revenues are available after 2020 and that there is adequate interest and participation in the program.  (2) Every three years, the commission shall evaluate the program's expenditures, commitments, uncommitted balances, future demands, performance, and outcomes and shall make any necessary adjustments to the program to ensure the goals of the program are being met.  If, after the first three years, any funds allocated over the first three years remain uncommited,   If any funds remain uncommitted for three years,  those funds shall be credited to ratepayers pursuant to Section 748.5. (c) The commission shall require the administration of the program by a qualified third-party administrator, selected by the commission through a competitive bidding process.  Not   (d)     Not  more than 10 percent of the funds allocated to the program shall be used for administration.  (d)   (e)  (1) The commission shall authorize the award of monetary incentives for qualifying  renewable   solar energy systems that are installed on qualified multifamily affordable housing properties through December 31, 2030. The target of the program is to install a combined generating capacity of  at least  300 megawatts on qualified  multifamily affordable housing  properties.  (2) For a photovoltaic facility, the commission shall establish conditions for the monetary incentives that require appropriate siting and high-quality installation of the solar energy system that maximize the performance of the system and prevent qualified systems from being inefficiently or inappropriately installed. The goal of this paragraph is to achieve efficient installation of solar energy systems to promote the greatest energy production for the moneys expended. In meeting this goal, the commission may require performance-based incentives for the program if it determines those incentives are appropriate.   (3)   (2)  The commission shall require that the electricity generated by qualifying renewable energy systems installed pursuant to the program be primarily used to offset electricity usage by low-income tenants. These requirements may include required covenants and restrictions in deeds.  Ratepayers participating in the CARE program shall be eligible for utility billing offsets.   (4)   (3)  The commission shall require that qualifying renewable energy systems owned by third-party owners are subject to contractual restrictions to ensure that no additional costs for the system be passed on to low-income tenants at the properties receiving incentives pursuant to the program. The commission shall require a lifetime guarantee for energy production over the useful life of the system.  (5)   (4)  The commission shall ensure that incentive levels for photovoltaic installations receiving incentives through the program are aligned with the installation costs for solar energy systems in affordable housing markets and take account of federal investment tax credits and contributions from other sources to the extent feasible.  (6)   (5)  The commission shall require that no individual installation receive incentives at a rate greater than 100 percent of the total system installation costs.  (7)   (6)  The commission shall establish local hiring requirements for the program to provide economic development benefits to disadvantaged communities.  (8)   (7)  The commission shall establish energy efficiency requirements for program participants that are equal  to, or greater than   to  the energy efficiency requirements established for the program described in Section  2852.   2852, including participation in a federal, state, or utility   -funded energy efficiency program or documentation of a recent energy efficiency retrofit.   (e) (1) Eligible customers who participate in the program   (f)     (1)     Tenants  shall receive offsets on utility bills from the program. The commission shall ensure that utility bill reductions are achieved through virtual net metering tariffs. (2) The commission shall ensure that electrical corporation rate structures affecting the low-income tenants participating in the program continue to provide a direct economic benefit from the qualifying  renewable   solar  energy system.  (f)   (g)  Nothing in this chapter is intended to supplant CARE program rates as the primary mechanism for achieving the goals of the CARE program.  (h) The program shall provide equal treatment for customers of community choice aggregators.   (g)   (i)  On or before July 30, 2018, and by July 30 of every  even   third  year thereafter through  2032,  2030,  the commission shall submit to the Legislature an assessment of the success of the Multifamily Affordable Housing  Renewables   Solar Roofs  Program. That assessment shall include the number of qualified multifamily affordable housing property sites that have a qualifying  renewable   solar  energy system for which an award was made pursuant to this chapter and the dollar value of the award, the electrical generating capacity of the qualifying renewable energy system, the bill reduction outcomes of the program for the participants, the cost of the program, the total electrical system benefits, the environmental benefits, the progress made toward reaching the goals of the program,  the program's impact on the CARE program budget,  and the recommendations for improving the program to meet its goals.    The report shall include an analysis of pending program commitments, reservations, obligations, and projected demands for the program to determine whether future ongoing funding allocations for the program are substantiated.  The report shall also include a summary of the other programs intended to benefit disadvantaged communities, including, but not limited to, the Single-Family Affordable Solar Homes Program, the Multifamily Affordable Solar Housing Program, and the Green Tariff Shared Renewables Program (Chapter 7.6 (commencing with Section 2831)). SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.