Center for Biological Diversity

For Immediate Release, January 18, 2023


Roger Lin, Center for Biological Diversity, (510) 844-7100 x 363,
Malinda Dickenson, Protect Our Communities Foundation, (619) 693-4788,
Alex Formuzis, Environmental Working Group, (202) 667-6982,

Appeal Targets Environmental Justice Harms From California’s Rooftop Solar Plan

SAN FRANCISCO— The Center for Biological Diversity, Protect Our Communities Foundation and the Environmental Working Group today appealed the California Public Utilities Commission’s decision to significantly slash compensation to the state’s rooftop solar customers. The commission’s decision will harm the ability of environmental justice communities to go green.

“California is drowning in climate-driven deluges, and we have to make it easier for communities to embrace rooftop solar to survive the climate emergency,” said Roger Lin, an attorney at the Center for Biological Diversity. “By slashing the net metering program, state regulators made it even harder for environmental justice communities to get solar. We’re appealing because this flies in the face of the commission’s mandate to ensure that rooftop solar is accessible to low-income Californians.”

In December 2022 the commission revised the state’s net-metering plan. The new plan abandoned a hefty solar tax but decreased the compensation rooftop solar customers earn from sending electricity they do not use back to the grid. This threatens the growing rooftop solar market and puts affordable and resilient renewable energy out of reach for most communities.

“California’s private utilities have been relentless opponents of rooftop solar for many years, because it undercuts the golden goose — new high-profit transmission line construction. They have convinced regulators of the alchemy that they are protecting the interests of lower-income customers — and not shareholder interests — by devaluing rooftop solar,” said Bill Powers, an expert witness in the proceeding and a board member of the Protect Our Communities Foundation.

Today’s appeal says the commission should redo its analysis. The groups say regulators devalued rooftop solar based on flawed modeling that ignored net metering’s benefits to environmental justice communities, such as decreasing the state’s dependence on fossil fuels and providing local economic benefits, including new jobs. The commission also failed to analyze non-solar customer bills and ignored or underestimated harms from fossil fuel energy, particularly to low-income communities and communities of color.

“By making residential solar economically untenable for millions of working families, the CPUC has sidelined the only competition the big utilities face. It will allow PG&E and the other power companies to keep wasting ratepayer money on misguided, high-cost infrastructure investments,” said Environmental Working Group President Ken Cook, a Bay Area resident. “The CPUC needs a reset to fit an emerging new world of electric power. We now have strong competition for utilities from distributed solar, battery storage and microgrids, a technological and economic transformation the likes of which we haven’t seen in more than 100 years.”

The commission also abandoned a $600 million equity fund aimed at getting more clean renewables to low-income communities. Regulators claimed the state’s battery storage fund would achieve the same result, but Gov. Gavin Newsom recently cut that fund by 30%.

Public opposition to the commission’s decision is widespread. More than 125 California and national climate and equity groups representing millions of people previously called on the governor’s office to reject the commission’s flawed analysis and maintain the state’s solar credit to grow rooftop solar in environmental justice communities.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.7 million members and online activists dedicated to the protection of endangered species and wild places.

Protect Our Communities Foundation is a San Diego-based nonprofit advocating for affordable, reliable, equitable, local and pollution-free energy, and is represented in this proceeding by the San Francisco-based law firm Shute, Mihaly & Weinberger.

The Environmental Working Group is a nonprofit, non-partisan organization that empowers people to live healthier lives in a healthier environment. Through research, advocacy and unique education tools, EWG drives consumer choice and civic action.

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