but state rebates for projects like this aren't looking so hot as the state public utilities commission reconsiders how much money they're giving out. these solar packages are similar to those at 5 other schools in san jose's east side union high school district which estimates it will get $3 million every year for five years in solar energy rebates from the state public utilities commission. >> we wouldn't have done it if it hadn't have been for the incentive funding. >> reporter: that has sparked hundreds of solar projects throughout the stay. but now the rebates are looking dimmer. the puc is temporarily putting them on hold for new projects while it considers reducing the rebates because the program is running out of money. >> the program has an incentive budget of about approximately $1.7 billion. we currently have reservations

for solar installations for approximately $1.4 billion. >> reporter: the agency wants to slow down spending so it can meet its total solar energy goal in six years. >> with the potential sites for these solar panels, they were on the flat roof portions of the entire community center. >> reporter: the city of san jose wants to install panels at 38 sites and was counting on the rebates. those inisn'tives could now be slashed by nearly 50%. how does this latest move by the puc affect that? delay it? >> it could delay the program. that will definitely affect the economic feasibility of some of the projects that we're looking at. >> reporter: schools and cities are putting the rebate money in their general funds and using it to help prevent layoffs in these dark budget times. >> still significant, saved a number of jobs. >> reporter: but the puc says unless the size of the rebates are cut, it won't have enough to go around for all the projects being proposed. >> we are trying to balance the need of those government

agencies for the existing incentive levels with the need of the program to be there for all of the megawatts. >> reporter: the state puc is taking written comments from the public on this over the next two weeks. and they expect the rebate changes to take place sometime in september. i should also note that the rebates that you get for residential projects, that is not slated for a change. allen? >> that's what i was going to ask, because a lot of people have stuff planned for their homes, too. so not included. >> reporter: yeah, they can still go ahead. >> thuy vu in san jose, thanks. tonight the healthcare healthcare is under fire for a chase that ended in a horrific crash killing a 15-year-old girl. it started in san jose yesterday. a chp officer tried to pull over a driver who ran a red light. that driver took off. eventually that driver crashed into another car just legs than a mile away. julie watts has the latest from

the crash site. >> reporter: you can see where the deadly accident took, you can see the intersection behind me 10th and san fernando, this is where the crash happened, a memorial for the 15-year-old who was ejected from the car. tonight many are questioning the officer's decision to pursue the suspect in the middle of the afternoon in this active area. look at what's left of the victim's car a two-seater mitsubishi mirage split in two by the force of a hit-and-run driver fleeing a chp officer. we have home video of the aftermath of that chase that began just before 4:00 yesterday afternoon. a black honda accord made an illegal right-hand turn against a red light. a chp officer flashed his lights and a chase ensued. it passed the san jose state campus and ended less than a mile away where the driver ran a red light and smashed into this car carrying a family of four. the chp tells us this evening they are currently investigating the officer's decision but it's too soon to tell if he violated policies or procedure. while they can't provide specifics about their policy like maximum speed or time of

day regulation, chp sergeant trent cross says officers are trained every three months on the pursuit policy and that a chase typically ends after a mile or a minute and it can be called off at any time by an officer or a supervisor. >> it's going to be at the officer's discretion so i'm not sure what the traffic environment was like at the time or what the traffic conditions were either because that's going to be based upon what the officer observed at the time. but what i can say is that there is the totality of the circumstances involved and which type of violation is there, we are going to consider the traffic conditions as well as >> it's going to be at the officer's discretion so i'm not sure what the traffic environment was like at the time or what the traffic conditions were either because that's going to be based upon what the officer observed at the time. but what i can say is that there is the totality of the circumstances involved and which type of violation is there, we are going to consider the traffic conditions as well as the suspect's driving behavior because the most important thing for us is public safety as well as the safety of the violator and the safety of the officer. >> reporter: the suspect was wanted on a parole violation and is now in custody charged with felony evasion, felony hit-

and-run and parole violation. he is 24-year-old bernardo cuevas. -- bernardine no cuevas. but now that the 15-year-old girl has died, new charges may be added. this investigation is now turned over to the san jose pd, although they say at this point they still can't tell us how fast the cars were traveling. >> thank you, julie watts. at least two people are dead after their boat capsized near point reyes. two bodies were pulled from the water. a third person was not reachable because of it being in a rocky area. that person appears to be unconscious. it's not clear if there are more people missing at the time. a man hoping to get a lottery ticket at a convenience store in san jose got something very different. a beating by police. len ramirez reports he wasn't even the man officers were looking for. >> reporter: the stop and save market is a typical neighborhood convenience store at the corner of capital and

silver creek in san jose. last friday a 23-year-old neighbor walked in to buy a lottery scratcher hoping for good fortune. he said he didn't have the kind of scratcher amedure wanted. >> reporter: a drug sting was conducted in the area by the police. several officers came up from behind him and tackled him and held him on the ground. amedure says while he was down, one officer even kicked him in the face creating 8 stitches after the cops realized they arrested the wrong guy a sergeant came up and apologized took the handcuffs off him and wiped the blood from his face. at least part of the incident

was caught on tape by strip mall security cameras but police haven't released the video. they are investigating this apparent case of mistaken identity and brutality. >> we acknowledge that, you know, an unfortunate set of circumstances that mr. amedure was --found himself in and hopefully, with the investigation that our department is undertaking we'll find out exactly what occurred and as previously mentioned, we will take any necessary actions any steps necessary to make corrections or otherwise deal with the outcome of the investigation. >> reporter: mr. amedure wasn't available for comment today but his girlfriend told eyewitness news he was meeting with an attorney. in san jose, len ramirez, cbs 5. we are now learning when former bart police officer johannes mehserle is going to be sentenced. he was set to be sentenced on august 6 on his conviction for involuntary manslaughter for shooting oscar grant but the judge now rescheduled sentencing for november 5 so

that motions can be heard. a rally in support of mehserle is also in the works. according to organizers on facebook it will be held monday 2 p.m. at the walnut creek courthouse. people in vallejo will soon have one less fire station protecting them. no surprise it's because of budget problems. mike sugerman on what it means for people who live there. reporter: as if anything could get worse for the city of vallejo, things just got worse. already, the only bay area city mired deep in bankruptcy, now the city of 120,000 people will have to do with fewer fire stations. >> we know that fires are going to get bigger because of -- we only have minimum amount of people now. >> reporter: it's moving day for some fire officials who will now use an empty firehouse as their office. firehouse 25 here in north vallejo will be closed. this isn't the way vallejo firefighters want to do it but

given the cuts in their budget like every other department things are going to have to change and not for the good. >> we are going to have to step back and take a look at, can we save the house that's on fire or the two houses on either side?