Bill Text: CA AB1953 | 2013-2014 | Regular Session | Amended


Bill Title: Higher Education Energy Efficiency Act: financial assistance.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2014-08-21 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. [AB1953 Detail]

Download: California-2013-AB1953-Amended.html
BILL NUMBER: AB 1953	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 21, 2014
	AMENDED IN SENATE  JUNE 30, 2014
	AMENDED IN ASSEMBLY  MAY 23, 2014
	AMENDED IN ASSEMBLY  APRIL 29, 2014

INTRODUCED BY   Assembly Member Skinner
   (Principal coauthor: Assembly Member Williams)

                        FEBRUARY 19, 2014

   An act to add Article 11.5 (commencing with Section 16429.6) to
Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code,
relating to energy efficiency.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1953, as amended, Skinner. Higher Education Energy Efficiency
Act: financial assistance.
   The Warren-Alquist State Energy Resources Conservation and
Development Act establishes the State Energy Resources Conservation
and Development Commission  , also known as the Energy Commission
 . Under existing law, the commission may apply for and accept
grants, contributions, and appropriations, and award grants
consistent with the goals and objectives of a program or activity the
commission is authorized to implement or administer.
   This bill would enact the Higher Education Energy Efficiency Act.
The bill would create the Higher Education Energy Efficiency Fund in
the State Treasury and would make moneys in the fund available to the
 State Energy Resources Conservation and Development
Commission,   commission,  upon appropriation, to
provide financial assistance, including no-interest or low-interest
loans and loan loss reserves, to University of California and
California State University campuses for building retrofits to reduce
the demand for energy.  The bill would require the Energy
Commission to consult with the Public Utilities Commission, the Presi
  dent of the University of California, and the Chancellor
of the California State University to expand existing partnerships in
order to prioritize projects based on greenhouse gas reductions and
allow specified facilities to receive funds under this act.  The
bill would require the  commission,   Energy
Commission,  in consultation with the President of the
University of California and the Chancellor of the California State
University, to establish a system to prioritize eligible campuses for
this financial assistance, as specified. The bill would require the
recipients of this financial assistance to report to the 
commission   Energy Commission  the annual energy
savings achieved from projects supported by the financial assistance,
as specified.
   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.  (a) The University of California has committed to
achieving carbon neutrality through aggressive measures to increase
energy efficiency and develop renewable energy. The University of
California's model should produce substantial environmental and
economic benefits, leverage current and planned investments by the
University of California and others, and include projects that are
immediately ready to commence.
   (b) The California State University has similarly committed to
lowering annual energy consumption, reducing greenhouse gas
emissions, and lowering energy-related operating costs. Over a
five-year period, the California State University expects to decrease
demand by 5 percent and decrease electrical consumption across the
California State University system by 10 percent. The California
State University has committed to incorporate workforce development
strategies into its energy efficiency model.
   (c) There are opportunities to reduce both the economic cost and
carbon footprints of campus facilities at the University of
California and the California State University by having more
energy-efficient buildings, operations, and maintenance. These
financial savings could provide flexibility to pay for other upgrades
to enhance the learning environment and access to higher education.
   (d) It is in the best interest of the state to quickly reduce
energy consumption at university facilities, especially through
building retrofits that achieve the highest levels of energy
efficiency improvement.
  SEC. 2.  Article 11.5 (commencing with Section 16429.6) is added to
Chapter 2 of Part 2 of Division 4 of Title 2 of the  Government
Code, to read:

      Article 11.5.  Energy Efficiency for Higher Education
Facilities


   16429.6.  This article shall be known, and may be cited, as the
Higher Education Energy Efficiency Act.
   16429.62.  As used in this article:
   (a) "Chancellor" means the Chancellor of the California State
University.
   (b) "Commission" means the State Energy Resources Conservation and
Development Commission.
   (c) "Eligible institution" means a campus of the University of
California or a campus of the California State University.
   (d) "Financial assistance" includes, but is not necessarily
limited to, both of the following:
   (1) No-interest or low-interest loans.
   (2) Loan loss reserves.
   (e) "Fund" means the Higher Education Energy Efficiency Fund
established pursuant to Section 16429.64.
   (f) "President" means the President of the University of
California.
   16429.64.  (a) The Higher Education Energy Efficiency Fund is
hereby created as a special fund in the State Treasury.
   (b) Moneys in the fund shall be available to the commission, upon
appropriation by the Legislature, for the implementation of this
article.
   16429.66.  (a) It is the intent of the Legislature that the
commission administer the fund and implement this article in
coordination with the chancellor and the president to provide
financial assistance to eligible institutions for building retrofits
that reduce the demand for energy.
   (b) The commission shall award financial assistance pursuant to
this article, subject to the following:
   (1) The financial assistance shall be awarded only to eligible
institutions.
   (2) The commission shall ensure that adequate energy audit,
measurement, and verification procedures are employed to ensure that
energy savings occur as a result of the financial assistance. 
   (c) (1) The commission shall consult with the Public Utilities
Commission, the president, and the chancellor to expand existing
partnerships to accomplish both of the following:  
   (A) Prioritize projects based on greenhouse gas reductions. 

   (B) Allow facilities not served by investor-owned utilities to
receive funds under this article.  
   (2) The commission, in consultation with the Public Utilities
Commission, shall align reporting requirements for eligible
institutions pursuant to subdivision (i) to minimize administrative
costs.  
   (d) All projects undertaken pursuant to this article shall be
documented to ensure funds from investor-owned utilities' ratepayers
shall only be spent for projects in compliance with the Public
Utilities Commission requirements and ratepayer protections. 

   (c) 
    (e)  (1) The commission shall adopt any regulations or
guidelines necessary to implement this article. Notwithstanding any
other law, regulations pursuant to this section may be adopted as
emergency regulations pursuant to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3.
   (2) For the purposes of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3, including Section 11349.6, the Office
of Administrative Law shall consider the adoption of the regulations
pursuant to this subdivision to be necessary for the immediate
preservation of the public peace, health and safety, and general
welfare. 
   (d) 
    (f)  The commission, to the extent possible, shall
utilize existing resources and expertise in implementing this
article. 
   (e) 
    (g)  (1) Any eligible institution may submit an
application to the commission for financial assistance from the fund
for energy efficiency improvements. The form of the application shall
be established by the commission.
   (2) The commission, in consultation with the chancellor and the
president, shall establish a system to prioritize eligible
institutions for financial assistance through this article.
Prioritization shall take into consideration circumstances that shall
include, but not be limited to, the age of the campus facilities,
the proportion of students at the campus receiving Cal Grant awards,
whether the facilities have been recently modernized, the potential
for demand reduction, and the campus's score from a recognized energy
rating system or systems. 
   (f) 
    (h)  This article shall not affect the eligibility of
universities awarded financial assistance pursuant to this article to
receive other incentives available from federal, state, and local
government, or from public utilities or other sources, and to
leverage the financial assistance with those incentives. 
   (g) 
    (i)  Each year, on a schedule established by the
commission, each eligible institution that receives financial
assistance pursuant to this article shall report to the commission
the amount of energy saved. Each eligible institution shall compute
the cost of energy saved as a result of implementing projects
supported by the financial assistance. The cost shall be calculated
in a manner established by the commission. To satisfy the
requirements of this subdivision in regard to a project, an eligible
institution may submit to the commission a copy of an energy savings
calculation that is required by any other funding source for the
project. 
   (h) 
    (j)  The commission shall determine, based on the annual
energy savings reported by the eligible institutions pursuant to
subdivision  (g),   (i),  the energy
savings achieved pursuant to this article.
                                    
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