Bill Text: CA AB1079 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Economic development: energy management area and plans.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2013-08-30 - In committee: Placed on APPR. suspense file. In committee: Held under submission. [AB1079 Detail]

Download: California-2013-AB1079-Amended.html

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BILL NUMBER: AB 1079	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 8, 2013
	AMENDED IN ASSEMBLY  APRIL 2, 2013

INTRODUCED BY   Assembly Member Bradford
    (   Principal coauthor:   Assembly Member
  Bocanegra   ) 
    (   Coauthor:   Assembly Member  
V. Manuel Pérez   ) 

                        FEBRUARY 22, 2013

   An act to add Sections 7083.1, 7083.2, and 63045.1 to the
Government Code, relating to enterprise zones.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1079, as amended, Bradford. Enterprise zones: energy management
plans.
   The Enterprise Zone Act provides for the designation of zones
according to specified criteria, pursuant to which certain entities
within each zone may receive regulatory, tax, and other incentives
for economic and employment development and private investment.
   This bill would amend the Enterprise Zone Act to authorize a city,
county, or city and county to propose one or more energy management
plans, developed jointly with an electrical corporation, gas
corporation, local publicly owned electric utility, or rural electric
cooperative, serving an enterprise zone other than an area within a
harbor or port district formed pursuant to specified law, in order to
reduce air emissions and to promote economic development, the
addition of new business, and the retention of existing businesses in
that enterprise zone. The bill would require the Public Utilities
Commission, if the city, county, or city and county has developed
jointly with an electrical or gas corporation one or more plan
elements that involve special programs to be offered to the
enterprise zone and administered by the electrical or gas corporation
to facilitate economic development, to provide expedited review of
the proposed jointly developed elements. The bill would require the
commission to encourage electrical or gas corporations to participate
jointly with local agencies in developing, implementing, and
administering viable energy management plans for enterprise zones
 ,  and would prohibit the commission from limiting the role
of the electrical or gas corporation that was cooperatively
developed in the energy management plan.  This bill would require
the city, county, or city and county to report   the
progress of the plan implementation in its biannual report to the
Department of Housing and Community Development, as provided. 
   Under the Bergeson-Peace Infrastructure and Economic Development
Bank Act, the California Infrastructure and Economic Development Bank
is established within state government for the purpose of funding
specified types of infrastructure development projects.
   The bill would make a project, to promote economic development in
enterprise zones developed pursuant to an energy management plan in
accordance with the bill, eligible for funding through the bank. The
bill would require the bank to consider  appropriate action
to remove unnecessary barriers for   acts it may take,
at its discretion, that facilitate  the financing of that
project.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 7083.1 is added to the Government Code, to
read:
   7083.1.  The Legislature finds and declares all of the following:
   (a) The state should encourage the development of new businesses
and the retention of existing businesses within enterprise zones.
   (b) Energy utility customers can benefit from the addition of new
business and the retention of existing business through increased
energy cost certainty.
   (c) Businesses in enterprise zones could benefit through greater
stability and certainty in the cost of energy services.
   (d) Investor-owned utilities and publicly owned utilities are in
an optimal position, and should be encouraged to engage in joint
projects with government administering enterprise zones, to provide
and administer energy-related service alternatives and programs that
can promote economic development and retention in enterprise zones.
  SEC. 2.  Section 7083.2 is added to the Government Code, to read:
   7083.2.  (a) A city, county, or city and county may propose one or
more energy management plans, developed jointly with an electrical
corporation, gas corporation, or local publicly owned electric
utility, as defined in the Public Utilities Code, or a rural electric
cooperative, serving an enterprise zone other than an area within a
harbor or port district formed pursuant to Division 8 (commencing
with Section 5800) of the Harbors and Navigation Code, in order to
reduce air emissions and to promote economic development, the
addition of new businesses, and the retention of existing businesses
in that enterprise zone.
   (b) The energy management plan shall include, at a minimum, the
following: 
   (1) An assessment of current energy consumption within the zone by
energy source and type of users. Examples of users may include
commercial, industrial, governmental, individual transport, and
product transport.  
   (2) In addition to other energy efficiency and management issues
that the city, county, or city and county, decides to assess in order
to inform the development of specific goals and actions that reduce
air emissions and promote economic development, all of the following:
 
   (1) 
    (A)  An electric or natural gas load forecast, developed
in coordination with the serving electrical corporation, gas
corporation, or local publicly owned electric utility, or rural
electric cooperative, that reflects anticipated load growth within
the enterprise zone. 
   (2) 
    (B)  Consideration of the role that distributed
generation, combined with accurately priced utility services, could
play in providing greater rate stability and energy cost certainty to
aid in economic development, and proposed actions with respect to
that role. This assessment shall be developed jointly with the
serving electrical corporation, gas corporation, local publicly owned
electric utility, or rural electric cooperative. 
   (C) An assessment, in consultation with business and industry, to
identify current and emerging processes and technologies that reduce
energy consumption and improve energy efficiency.  
   (3) A set of measurable energy performance and management goals
that reduce air pollution and promote economic development, and a
prioritized list of infrastructure projects, public education
initiatives, and other actions that the city, county, or city and
county will undertake to achieve those goals. In addition to these
projects and actions, the plan shall include:  
   (3) 
    (A)  Proposed actions, developed jointly with the
serving electrical corporation, gas corporation, local publicly owned
electric utility, or rural electric cooperative, for the enhanced
use of cost-effective energy efficiency and demand-side management in
existing buildings and the inclusion of energy efficiency measures
as part of the development of new buildings. 
   (4) 
    (B)  Proposed actions, developed jointly with the
serving electrical corporation, natural gas corporation, local
publicly owned electric utility, or rural electric cooperative, for
the development of infrastructure, in appropriate areas, to aid in
the refueling of alternative fuel vehicles, including utility
ownership or operation of those facilities to provide services to the
community. 
   (5) 
    (C)  Other actions and associated utility services to
implement the jointly developed energy management plan. 
   (4) An identification of government and nongovernment impediments
to implementing the plan and recommendations on how these impediments
may be overcome.  
   (5) One-year, three-year, five-year, 10-year, and 15-year
objectives for implementing the plan. These objectives shall be in
sufficient detail to allow the district to undertake a meaningful
annual review of the plan's progress. 
   (6)  (A)    Proposed methods to fund the
activities included in the plan, including funding through utility
ratepayer-funded programs and financing through the California
Infrastructure and Economic Development Bank established pursuant to
Division 1 (commencing with Section 63000) of Title 6.7, the
California Alternative Energy and Advanced Transportation Financing
Authority established pursuant to Section 26004 of the Public
Resources Code, or other appropriate sources. 
   (B) A city, county, or city and county shall engage with zone
residents, businesses, as well as small business technical assistance
providers to assist in the identification of joint or collaborative
energy efficiency project opportunities, public education activities,
and financing opportunities that implement the actions and projects
in the plan.  
   (7) The consideration of other related energy plans, mandates, and
requirements, and, to the extent possible, means for leveraging
opportunities for achieving energy efficiency and sustainable energy
production while also not overburdening impacted businesses. 
   (c)  (1)    If the city, county, or city and
county has developed jointly with an electrical or gas corporation
one or more plan elements that involves special programs to be
offered in the enterprise zone and administered by the electrical or
gas corporation to facilitate economic development, including, but
not limited to, energy efficiency, the use of biogas for direct
injection into common carrier pipelines, economic development rates,
distributed generation, energy storage, and alternative fuel vehicle
infrastructure, the Public Utilities Commission shall provide
expedited review of the proposed jointly developed elements. 
The 
    (2)     The  Public Utilities
Commission shall encourage electrical or gas corporations to
participate jointly with local agencies in developing, implementing,
and administering viable energy management plans for enterprise
zones, and shall not limit the role of the electrical or gas
corporation that was cooperatively developed in the energy management
plan. The governing boards of local publicly owned utilities and
rural electric cooperatives shall encourage joint participation with
local agencies and gas corporations in developing, implementing, and
administering viable energy management plans for enterprise zones.
   (d) The energy management plan shall consider the development of
projects that provide greater certainty of energy costs over a period
of up to 15 years for businesses developing in the enterprise zone
and shall consider applying to the California Infrastructure and
Economic Development Bank for financial support of those projects
under Section 63045.1. 
   (e) In approving the plan, the city, county, or city and county
shall make a finding that there is an equitable distribution of costs
and benefits of projects and actions proposed in the plan. 

   (f) The city, county, or city and county shall report the progress
of the plan implementation in its biannual report to the Department
of Housing and Community Development pursuant to Section 7085.1 of
the Government Code. 
  SEC. 3.  Section 63045.1 is added to the Government Code, to read:
   63045.1.  A project to promote economic development in enterprise
zones developed pursuant to an energy management plan in accordance
with Section 7083.2 shall be eligible for funding under this 
article   division  . The bank shall consider
 appropriate action to remove unnecessary barriers for
  acts it may take, at its discretion, that facilitate
 the financing of that project.