Thursday, March 11, 2010

Solar Rights for Renters

INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 17, 2010

   An act to add Section 2829.5 to the Public Utilities Code,
relating to solar energy.


   AB 1947, as introduced, Fong. Solar energy: solar farms: credits.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations.
The Public Utilities Act imposes various duties and responsibilities
on the commission with respect to the purchase of electricity by
electrical corporations and requires the commission to review and
adopt a procurement plan and a renewable energy procurement plan for
each electrical corporation pursuant to the California Renewables
Portfolio Standard Program. The program requires that a retail seller
of electricity, including electrical corporations, purchase a
specified minimum percentage of electricity generated by eligible
renewable energy resources, including solar, in any given year as a
specified percentage of total kilowatthours sold to retail end-use
customers each calendar year (renewables portfolio standard).
   This bill would direct the commission to require an electrical
corporation to apply a bill credit of up to 100% to a customer's
bill, calculated as prescribed, for electricity that is generated by
solar panels leased by the customer at a solar farm, as defined, and
fed back to the electric grid.
   Under existing law, a violation of any order, decision, rule,
direction, demand, or requirement of the commission is a crime.
   Because this bill would require action by the commission to
implement its requirements, the violation of which would be a crime,
this bill 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
   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.


  SECTION 1.  Section 2829.5 is added to the Public Utilities Code,
to read:
   2829.5.  (a) As used in this section:
   (1) "Eligible customer-generator" means a residential customer of
an electrical corporation that meets both of the following
   (A) The customer leases solar panels at a solar farm, within the
service area of the electrical corporation, from which the electrical
corporation procures electricity.
   (B) The electricity generated by the solar panels described in
paragraph (A) is measured by a time-of-use meter capable of
registering the flow of electricity in two directions.
   (2) "Solar farm" means a photovoltaic facility that leases the use
of solar panels located at the facility.
   (b) The commission shall require an electrical corporation to
calculate the value of the electricity that is generated by an
eligible customer-generator and fed back to the electric grid at the
same rates as the electricity supplied to the eligible
customer-generator over the same billing period, and apply a credit
of equivalent value to the eligible customer-generator's bill of up
to 100 percent of the bill.
  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

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