Bill Text: CA AB1181 | 2023-2024 | Regular Session | Amended
Bill Title: Solar energy systems.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1181 Detail]
Download: California-2023-AB1181-Amended.html
|
Amended
IN
Assembly
May 01, 2023 |
|
Amended
IN
Assembly
March 23, 2023 |
| Introduced by Assembly Member Zbur |
February 16, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law establishes the Multifamily Affordable Housing Solar Roofs Program to award monetary incentives for qualifying solar energy systems, as defined, that are installed on qualified multifamily affordable housing properties. Existing law requires the commission, beginning with the 2016–17 fiscal year and ending with the 2019–20 fiscal year, to authorize the annual allocation of certain amounts of moneys for the program, and requires the commission to continue authorizing the allocation of those moneys through June 30, 2026, if the commission determines that revenues are available and that there is adequate interest and participation in the program. Existing law
requires that low-income tenants who participate in the program receive credits on utility bills from the program.
This bill would require, for eligible common areas and for tenant units that are separately metered, benefitting accounts, rather than low-income tenants, that participate in the program to receive credits on utility bills from the program. The bill would require the commission to ensure that electrical corporation tariff structures affecting the qualified multifamily affordable housing properties participating in the program reduce barriers to the installation of solar energy storage technologies. The bill would require that any tariff structure adjustment affecting the program consider impacts to adoption by affordable housing developments regarding financial feasibility and the economic benefits to tenants and owners. If a development is eligible and master metered, the bill would authorize a property in the development to choose either to
participate in virtual net metering tariffs designed for the program or certain other tariffs adopted by the commission, or to directly connect a solar energy system to a meter for self-consumption.
Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because a violation of a commission action implementing this bill’s requirements would be a crime, the bill would impose a state-mandated local program.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2855 is added to the Public Utilities Code, to read:2855.
On or before January 1, 2025, as part of a new or existing proceeding, the commission shall evaluate program or tariff improvements to multifamily installations of hybrid resources, specifically the inclusion of energy storage paired with solar energy systems, and shall consider possible adjustments to existing or successor tariffs to facilitate the installation of energy storage technologies with new or existing solar energy systems. The commission shall ensure that any program or tariff improvements maintain the requirement that participants receive direct economic benefits from any qualifying technology. The commission shall also ensure that any adjustments to program tariffs maintain appropriate safeguards to ensure that energy being exported onto the electrical grid is from an eligible generator.SEC. 2.
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.(a)As used in this section, the following definitions apply:
(1)“CARE program” means the California Alternate Rates for Energy program established pursuant to Section 739.1.
(2)“Program” means the Multifamily Affordable Housing Solar Roofs Program established pursuant to this chapter.
(3)“Qualified multifamily affordable housing property” means a multifamily residential 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 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 households have incomes at or below 60 percent of the area median income, as defined in subdivision (f) of Section 50052.5 of the Health and Safety Code.
(4)“Solar energy system” means a solar energy photovoltaic device that meets or exceeds the eligibility criteria established pursuant to Section 25782 of the Public Resources Code.
(b)(1)Adoption and implementation of the Multifamily Affordable Housing Solar Roofs Program may count toward the satisfaction of the commission’s obligation to ensure that specific alternatives
designed for growth among residential customers in disadvantaged communities are offered as part of the standard contract or tariff authorized pursuant to paragraph (1) of subdivision (b) of Section 2827.1.
(2)This section does not preclude electrical corporations from offering and administering a distributed energy resource program, including solar energy systems, in disadvantaged communities offered under current or proposed programs using funds provided under subdivision (c) of Section 748.5 or programs proposed to comply with paragraph (1) as approved by the commission.
(c)The commission shall annually authorize the allocation of one hundred million dollars ($100,000,000) or 66.67 percent of available funds, whichever is less, from the revenues described in subdivision (c) of Section 748.5 for the Multifamily Affordable Housing Solar Roofs Program, beginning with the fiscal year commencing July 1, 2016, and ending with the fiscal year ending June 30, 2020. 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.
(d)The commission shall consider the most appropriate program administration structure, including administration by a qualified third-party administrator,
selected by the commission through a competitive bidding process, or administration by an electrical corporation, in an existing or future proceeding.
(e)Not more than 10 percent of the funds allocated to the program shall be used for administration.
(f)(1)By June 30, 2017, the commission shall authorize the award of monetary incentives for qualifying 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 properties.
(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.
(3)The commission shall require that qualifying solar 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 third-party owners of solar energy systems to provide ongoing operations and maintenance of the system, monitor energy production, and, where necessary, take appropriate action to ensure that the kWh production levels projected for the system are achieved throughout the period of the third-party agreement. Those actions may include, but are not limited to, providing a performance guarantee of annual production levels or taking corrective actions to resolve underproduction problems.
(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.
(5)The commission shall require that no individual installation receive incentives at a rate greater than 100 percent of the total system installation costs.
(6)The commission shall establish local hiring requirements for the program to provide economic development benefits to disadvantaged communities.
(7)The commission shall establish energy efficiency requirements that are equal to the energy efficiency requirements established for the program described in Section 2852, including participation in a federal, state, or utility-funded energy efficiency program or documentation of a recent energy efficiency retrofit.
(g)(1)The commission shall ensure that electrical corporation tariff structures affecting the low-income tenants participating in the program continue to provide a direct economic benefit from the qualifying solar energy system.
(2)For eligible common areas and for tenant units that are separately metered, benefitting accounts that participate in the program shall receive credits on utility bills from the program. The commission shall ensure that utility bill reductions are achieved through tariffs that allow for the allocation of credits, such as virtual net metering tariffs designed for
program participants, or other tariffs that may be adopted by the commission pursuant to Section 2827.1.
(3)The commission shall ensure that electrical corporation tariff structures affecting the qualified multifamily affordable housing properties participating in the
program, including their low-income tenants, reduce barriers to the installation of solar energy storage technologies.
(4)Any tariff structure adjustment affecting the program shall consider impacts to adoption by affordable housing developments regarding financial feasibility and the economic benefits to tenants and owners.
(5)If a development is eligible and master metered, a property in the development may choose either to participate in virtual net metering tariffs designed for the program or other tariffs adopted by the commission pursuant to Section 2827.1, or to directly connect a solar energy system to a meter for self-consumption.
(h)This chapter is not intended to supplant CARE program rates as the primary mechanism for achieving the goals of the CARE program.
(i)The commission shall determine the eligibility of qualified multifamily affordable housing property tenants that are customers of community choice aggregators.
(j)(1)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, upon review, the commission finds there is insufficient participation in the program, the commission may credit uncommitted funds back to ratepayers pursuant to Section 748.5.
(2)The commission shall include in the annual workplan required pursuant to Section 910 an annual update of the program that shall include, but not be limited to, the number of projects approved, number of projects completed, number of pending projects awaiting approval, and geographic distribution of the projects.
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.
