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AB-2269 Renewable energy resources: local publicly owned electric utility: solar energy systems.(2007-2008)

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Enrolled  September 10, 2008
Passed  IN  Senate  August 26, 2008
Passed  IN  Assembly  August 30, 2008
Amended  IN  Senate  August 21, 2008
Amended  IN  Senate  August 13, 2008
Amended  IN  Senate  June 12, 2008
Amended  IN  Assembly  April 09, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 2269

Introduced  by  Assembly Member Fuentes
 (Principal Coauthor(s): Senator Padilla)

February 21, 2008

An act to add Section 387.7 to the Public Utilities Code, relating to energy.


LEGISLATIVE COUNSEL'S DIGEST


AB 2269, Fuentes. Renewable energy resources: local publicly owned electric utility: solar energy systems.
Existing law requires all local publicly owned electric utilities, as defined, that sell electricity at retail, on or before January 1, 2008, to adopt, implement, and finance a solar initiative program, as prescribed, for the purpose of investing in, and encouraging the increased installation of, residential and commercial solar energy systems. Existing law requires, in part, that solar energy systems receiving monetary incentives are intended primarily to offset part or all of the consumer’s own electricity demand and be located on the same premises of the end-use consumer where the consumer’s own electricity demand is located.
This bill would, notwithstanding those provisions, authorize a local publicly owned electric utility that serves more than 750,000 customers and also conveys water to its customers to use monetary incentives pursuant to its solar initiative program for the installation of a solar energy system on any property located in that corporation’s service territory, including solar energy systems that are owned by the local publicly owned electric utility, and would authorize the electricity generated by a solar energy system receiving monetary incentives through a solar initiative program to be sold to the local publicly owned electric utility if specified requirements are met.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 387.7 is added to the Public Utilities Code, to read:

387.7.
 (a) Notwithstanding paragraphs (2) and (5) of subdivision (d) of Section 387.5, the electricity generated by a solar energy system receiving monetary incentives through a solar initiative program established pursuant to Section 387.5 may be sold to the local publicly owned electric utility that serves more than 750,000 customers and also conveys water to its customers, if the solar energy system meets both of the following requirements:
(1) Is located within the service territory of a local publicly owned electric utility owned by a municipal corporation that prohibits direct transactions.
(2) Is initially owned by either a local publicly owned electric utility that prohibits direct transactions or a third party that may or may not own or control the property on which the solar energy system is located.
(b) Notwithstanding paragraphs (2) and (5) of subdivision (d) of Section 387.5, a local publicly owned electric utility that serves more than 750,000 customers and that conveys water to its customers may use monetary incentives required by subdivision (b) of Section 387.5 for the installation of a solar energy system on any property located in the utility’s service territory, including solar energy systems that are owned by the local publicly owned electric utility.
(c) Once any tax credits are exhausted and recapture provisions are satisfied, the individual or entity that owns or controls the property on which the solar energy system is located, or the local publicly owned electric utility, may own the solar energy system.