SB 594 - An Act to Amend Sections 2827 and 2827.10 of the Public Utilities Code, Relating to Energy.

An Act to Amend Sections 2827 and 2827.10 of the Public Utilities Code, Relating to Energy.

SB 594 — 2011-2012 Legislature

Summary

Existing law relative to private energy producers requires every electric utility, as defined, to make available to an eligible customer‑generator, as defined, a standard contract or tariff for net energy metering on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer‑generators exceeds 5% of the electric utility’s aggregate customer peak demand. Existing law requires the electric utility, upon an affirmative election by the eligible customer-generator to receive service pursuant to this contract or tariff, to either: (1) provide net surplus electricity compensation for any net surplus electricity generated in the 12-month period, or (2) allow the eligible customer-generator to apply the net surplus electricity as a credit for kilowatthours subsequently supplied by the electric utility to the surplus customer-generator.

This bill would authorize an eligible customer-generator with multiple meters to elect to aggregate the electrical load of the meters located on the property where the generation facility is located and on all property adjacent or contiguous to the property on which the generation… More

Existing law relative to private energy producers requires every electric utility, as defined, to make available to an eligible customer‑generator, as defined, a standard contract or tariff for net energy metering on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer‑generators exceeds 5% of the electric utility’s aggregate customer peak demand. Existing law requires the electric utility, upon an affirmative election by the eligible customer-generator to receive service pursuant to this contract or tariff, to either: (1) provide net surplus electricity compensation for any net surplus electricity generated in the 12-month period, or (2) allow the eligible customer-generator to apply the net surplus electricity as a credit for kilowatthours subsequently supplied by the electric utility to the surplus customer-generator.

This bill would authorize an eligible customer-generator with multiple meters to elect to aggregate the electrical load of the meters located on the property where the generation facility is located and on all property adjacent or contiguous to the property on which the generation facility is located, if those properties are solely owned, leased, or rented by the eligible customer-generator, as provided. For an electric utility that is an electrical corporation, the bill would condition this authorization upon the commission making a determination that permitting eligible customer-generators to aggregate their load from multiple meters will not result in an increase in the expected revenue obligations of customers who are not eligible customer-generators. For an electric utility that is a local publicly owned electric utility or electrical cooperative, the bill would condition this authorization upon the utility’s ratemaking authority, as defined, making a determination that permitting aggregation will not result in an increase in the expected revenue obligations of customers who are not eligible customer-generators. The bill would prohibit an eligible customer-generator that chooses to aggregate from receiving net surplus electricity compensation and require the electric utility to retain kilowatthours, as prescribed.

Existing law establishes a net energy metering program that is available to an eligible fuel cell customer-generator, as defined. Existing law requires that the net metering calculation be made by measuring the difference between the electricity supplied to the eligible fuel cell customer-generator and the electricity generated by the eligible fuel cell customer-generator and fed back to the electrical grid over a 12-month period. Existing law requires that an electrical corporation determine if the eligible fuel cell customer-generator was a net consumer or producer of electricity during the 12-month period. For purposes of making this determination, existing law requires that the electrical corporation aggregate the electrical load of the eligible fuel cell customer-generator under the same ownership.

This bill would require that in making the determination whether the eligible fuel cell customer-generator is a net consumer or producer of electricity during the 12-month period, the electrical corporation is to aggregate the electrical load of the meters located on the property where the eligible fuel cell electrical generation facility is located and on all property adjacent or contiguous to the property on which the facility is located, if those properties are solely owned, leased, or rented by the eligible fuel cell customer-generator.

Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.

Because the bill would require an expansion of the above-described net energy metering programs and would require an order or decision of the commission to implement, a violation of these provisions would impose a state-mandated local program by expanding the definition of a 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.

This bill would incorporate additional changes in Section 2827.10 of the Public Utilities Code, proposed by AB 2165, to be operative only if AB 2165 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. Hide

Learn More

At LegInfo.ca.gov

Title

An Act to Amend Sections 2827 and 2827.10 of the Public Utilities Code, Relating to Energy.

Author(s)

Lois Wolk, Sam Blakeslee

Co-Authors

• Mark Leno
• Michael Rubio
• Rich Gordon
• Jerry Hill
• David Valadao
• Das Williams
• Mariko Yamada

Subjects

• Energy: net energy metering

Major Actions

Introduced	2/17/2011
Referred to Committee
Passed Senate Committee on Health	5/04/2011
Passed Senate Committee on Appropriations	5/23/2011
Passed Senate	6/01/2011
Passed Assembly Committee on Rules	5/07/2012
Passed Assembly Committee on Utilities and Commerce	6/25/2012
Passed Assembly Committee on Appropriations	8/08/2012
Passed Assembly	8/30/2012
Passed Senate Committee on Appropriations	8/31/2012
Passed Senate	8/31/2012
Presented to the governor (enrolled)	9/11/2012
Became law (chaptered).	9/27/2012

Bill History

• All Votes
• All Actions

	Chamber/Committee	Motion	Date	Result
select this vote	Senate Committee on Health	Do pass as amended, and re-refer to the Committee on Appropriations.	5/04/2011	This motion PASSED the Senate Committee on Health 6 voted YES 3 voted NO 0 voted present/not voting
select this vote	Senate Committee on Appropriations	Do pass.	5/23/2011	This motion PASSED the Senate Committee on Appropriations 6 voted YES 3 voted NO 0 voted present/not voting
select this vote	Senate	Senate 3rd Reading SB594 Wolk	6/01/2011	This bill PASSED the Senate 23 voted YES 14 voted NO 3 voted present/not voting
select this vote	Assembly Committee on Rules	Be referred to Committee on Utilities and Commerce.	5/07/2012	This motion PASSED the Assembly Committee on Rules 8 voted YES 0 voted NO 3 voted present/not voting
select this vote	Assembly Committee on Utilities and Commerce	Do pass as amended and be re-referred to the Committee on Appropriations.	6/25/2012	This motion PASSED the Assembly Committee on Utilities and Commerce 13 voted YES 0 voted NO 2 voted present/not voting
select this vote	Assembly Committee on Appropriations	Do pass.	8/08/2012	This motion PASSED the Assembly Committee on Appropriations 12 voted YES 0 voted NO 5 voted present/not voting
select this vote	Assembly	SB 594 Wolk Senate Third Reading By WILLIAMS	8/30/2012	This bill PASSED the Assembly 58 voted YES 10 voted NO 12 voted present/not voting
select this vote	Senate Committee on Appropriations	From committee: That the Assembly Amendments be concurred in.	8/31/2012	This motion PASSED the Senate Committee on Appropriations 4 voted YES 2 voted NO 1 voted present/not voting
currently selected	Senate	Unfinished Supp 3 SB594 Wolk Concurrence	8/31/2012	This bill PASSED the Senate 21 voted YES 12 voted NO 7 voted present/not voting

	Action	Date	Description
	Introduced	2/17/2011
		2/17/2011	Introduced. Read first time. To Com. on RLS. for assignment. To print.
		2/18/2011	From printer. May be acted upon on or after March 20.
		3/03/2011	Referred to Com. on HEALTH.
		4/15/2011	Set for hearing May 4.
		4/28/2011	From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
select this vote	Vote	5/04/2011	Do pass as amended, and re-refer to the Committee on Appropriations.
		5/10/2011	From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 3. Page 885.) (May 4).
		5/11/2011	Read second time and amended. Re-referred to Com. on APPR.
		5/13/2011	Set for hearing May 23.
		5/23/2011	From committee: Do pass. (Ayes 6. Noes 3. Page 1086.) (May 23).
select this vote	Vote	5/23/2011	Do pass.
		5/24/2011	Read second time. Ordered to third reading.
		5/25/2011	Read third time and amended. Ordered to second reading.
		5/26/2011	Read second time. Ordered to third reading.
		6/01/2011	Read third time. Passed. (Ayes 23. Noes 14. Page 1216.) Ordered to the Assembly.
select this vote	Senate Vote on Passage	6/01/2011	Senate 3rd Reading SB594 Wolk
		6/02/2011	In Assembly. Read first time. Held at Desk.
		6/09/2011	Referred to Com. on HEALTH.
		3/01/2012	From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
		3/22/2012	Re-referred to Com. on RLS.
select this vote	Vote	5/07/2012	Be referred to Committee on Utilities and Commerce.
		5/07/2012	From committee: Be re-referred to Com. on U. & C. (Ayes 8. Noes 0.) (May 7). Re-referred to Com. on U. & C.
		5/15/2012	From committee with author's amendments. Read second time and amended. Re-referred to Com. on U. & C.
		6/18/2012	Set, first hearing. Hearing canceled at the request of author.
select this vote	Vote	6/25/2012	Do pass as amended and be re-referred to the Committee on Appropriations.
		7/05/2012	From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (June 25).
		8/06/2012	Read second time and amended. Re-referred to Com. on APPR. Joint Rule 62(a) file notice suspended. (Page 5751.)
select this vote	Vote	8/08/2012	Do pass.
		8/09/2012	From committee: Do pass. (Ayes 12. Noes 0.) (August 8).
		8/13/2012	Read second time. Ordered to third reading.
		8/23/2012	Read third time and amended. (Page 6174.) Ordered to third reading.
		8/30/2012	Read third time. Passed. (Ayes 58. Noes 10. Page 6667.) Ordered to the Senate.
		8/30/2012	In Senate. Concurrence in Assembly amendments pending.
select this vote	Assembly Vote on Passage	8/30/2012	SB 594 Wolk Senate Third Reading By WILLIAMS
		8/31/2012	Re-referred to Com. on RLS. pursuant to Senate Rule 29.10. From committee: Be re-referred to Com. on APPR. pursuant to Senate Rule 29.10. (Ayes 4. Noes 0. Page 5054.) Re-referred to Com. on APPR. From committee: That the Assembly amendments be concurred in. (Ayes 4. Noes 2. Page 5130.) Assembly amendments concurred in. (Ayes 21. Noes 12. Page 5016.) Ordered to engrossing and enrolling.
select this vote	Vote	8/31/2012	From committee: That the Assembly Amendments be concurred in.
currently selected	Senate Vote on Passage	8/31/2012	Unfinished Supp 3 SB594 Wolk Concurrence
		9/11/2012	Enrolled and presented to the Governor at 4:30 p.m.
		9/27/2012	Approved by the Governor.
		9/27/2012	Chaptered by Secretary of State. Chapter 610, Statutes of 2012.