Electricity: net energy metering.

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. The existing definition of an eligible customer-generator requires that the generating facility use a solar or wind turbine, or a hybrid system of both. This bill would revise the definition of an eligible customer-generator to instead require that the generating facility utilize a renewable source listed in the definition of a renewable electricity generation facility that is used for purposes of the Renewable Energy Resources Program administered by the State Energy Resources Conservation and Development Commission. The bill would provide that a small hydroelectric generation facility is not an eligible renewable electrical generation facility if it will cause an adverse impact on instream beneficial uses or cause a change in the volume or timing of streamflow. Existing law established a pilot program to provide energy net metering for eligible biogas digester customer-generators. This bill would repeal that pilot program. The bill would make other conforming changes to reflect that repeal. Existing law establishes a net energy metering program that is available to an eligible fuel cell customer-generator, as defined. The existing definition of an eligible fuel cell customer-generator requires that the customer of an electrical corporation use technology that meets the definition of an "ultra-clean and low-emission distributed generation" in a specified statute. This bill would instead require that the customer of an electrical corporation use technology that the commission determines will achieve reductions in emissions of greenhouse gases and meets emissions requirements for eligibility for funding pursuant to the self-generation incentive program. 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 an order of the commission would be required to implement certain of the bill's requirements and a violation of an order or decision of the commission implementing its requirements would be a crime, the 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 reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.