Bill Text: CA AB628 | 2013-2014 | Regular Session | Amended

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

---

Bill Title: Energy management plans for harbor and port districts.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2013-10-11 - Chaptered by Secretary of State - Chapter 741, Statutes of 2013. [AB628 Detail]

Download: California-2013-AB628-Amended.html

---

BILL NUMBER: AB 628	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 10, 2013
	AMENDED IN ASSEMBLY  MAY 8, 2013
	AMENDED IN ASSEMBLY  APRIL 24, 2013
	AMENDED IN ASSEMBLY  APRIL 1, 2013

INTRODUCED BY   Assembly Members Gorell and Hall
   (Coauthor: Assembly Member Brown and V. Manuel Pérez)

                        FEBRUARY 20, 2013

   An act to add Section 63045.2 to the Government Code, and to add
Chapter 13 (commencing with Section 25990) to Division 15 of the
Public Resources Code, relating to energy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 628, as amended, Gorell. Energy management plans for harbor and
port districts.
   (1) Existing law requires the California Infrastructure
Development Bank, following consultation with appropriate state and
local agencies, to establish criteria, priorities, and guidelines for
the selection of projects to receive assistance from the bank,
including those based on, among other things, the State Environmental
Goals and Policy Report, or its successor, relating to
implementation of state environmental goals and policies. Existing
law further requires that projects that receive assistance from the
bank, among other things, facilitate effective and efficient use of
existing and future public resources so as to promote both economic
development and conservation of natural resources.
   This bill would authorize the bank to fund projects to promote
economic development in harbor and port districts that are 
developed   implemented  pursuant to an energy
management plan, and would require the bank to consider appropriate
 action   actions  that it may take to
facilitate the financing of those projects.
   (2) Existing law requires the State Energy Resources Conservation
and Development Commission to adopt energy conservation standards to
reduce the wasteful, uneconomic, inefficient, or unnecessary
consumption of energy, and to implement various programs to provide
financial assistance to specified entities for energy efficient
improvements.
   This bill would authorize specified harbor and port districts, as
defined, in collaboration with an electrical corporation, gas
corporation, or publicly owned electric utility serving the district,
to prepare one or more energy management plans to reduce air
emissions and promote economic development through the addition of
new businesses and the retention of existing businesses in the
district. The bill would require, if a district prepares an energy
management plan pursuant to these provisions, that the plan include
specified provisions.
   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.    The Legislature finds and declares all
of the following:  
   (a) The state promotes the efficient use of low-cost,
low-emissions energy sources in the operations of its ports and
harbors.  
   (b) There is an opportunity in port and harbor district
operations, including the movement of commercial goods, to reduce
vehicular emissions of greenhouse gases and criteria pollutants.
 
   (c) The state encourages the development of new businesses and the
retention of existing businesses within port and harbor district
boundaries.  
   (d) Energy utility customers located within the state's port and
harbor districts may benefit from the addition of new businesses and
the retention of existing businesses through increased energy cost
certainty.  
   (e) Businesses located within the state's port and harbor
districts may benefit through greater stability and certainty in the
cost of energy services.  
   (f) Investor-owned and publicly owned utilities are in an optimal
position, and are encouraged to engage in joint projects with port
and harbor districts to provide and administer energy-related service
alternatives and programs that may promote economic development and
retention in those districts. 
   SECTION 1.   SEC. 2.   Section 63045.2
is added to the Government Code, to read:
   63045.2.  Projects to promote economic development in harbor and
port districts implemented pursuant to an energy management plan
developed in accordance with Chapter 13 (commencing with Section
25990) of Division 15 of the Public Resources Code shall be eligible
for funding under this division. The bank shall consider appropriate
actions that it may take to facilitate the financing of those
projects.
   SEC. 2.  SEC. 3.   Chapter 13
(commencing with Section 25990) is added to Division 15 of the Public
Resources Code, to read:
      CHAPTER 13.  ENERGY MANAGEMENT PLANS FOR HARBOR AND PORT
DISTRICTS


   25990.  The Legislature finds and declares all of the following:
   (a) The state should promote the efficient use of low-cost,
low-emissions energy sources in the operations of its ports and
harbors.
   (b) There is an opportunity in port and harbor district
operations, including the movement of commercial goods, to reduce
vehicular emissions of greenhouse gases and criteria pollutants.
   (c) The state should encourage the development of new businesses
and the retention of existing businesses within port and harbor
district boundaries.
   (d) Energy utility customers located within the state's port and
harbor districts can benefit from the addition of new businesses and
the retention of existing businesses through increased energy cost
certainty.
   (e) Businesses located within the state's port and harbor
districts could benefit through greater stability and certainty in
the cost of energy services.
   (f) Investor-owned and publicly owned utilities are in an optimal
position, and should be encouraged to engage in joint projects with
port and harbor districts to provide and administer energy-related
service alternatives and programs that can promote economic
development and retention in those districts. 
    25991.   25990.   (a) For purposes of
this chapter, the term "district" shall mean a harbor or port
district formed pursuant to Division 8 (commencing with Section 5000)
of the Harbors and Navigation Code, the Humboldt Bay Harbor,
Recreation and Conservation District, the Ports of Hueneme, Oakland,
Long Beach, Los Angeles, Redwood City, Richmond, San Diego, San
Francisco, Stockton, and West Sacramento, and any other harbor,
recreation, and conservation district that operates a harbor or port
in the state. A district may prepare one or more energy management
plans, developed jointly with an electric corporation, as defined in
subdivision (a) of Section 218 of the Public Utilities Code, a gas
corporation, as defined in Section 222 of the Public Utilities Code,
or a public utility, as defined in subdivision (a) of Section 216 of
the Public Utilities Code, that produces, generates, or supplies
electricity to the public and that serves the district in order to
reduce air emissions, promote economic development, and encourage the
development of new businesses and retain existing businesses in that
district.
   (b) If a district prepares an energy management plan pursuant to
this chapter, it shall include, at a minimum, all of the following:
   (1) An assessment of current energy consumption within the
district by energy source and type of users. Examples of users may
include commercial, industrial, governmental, ships, individual
transport, and product transport.
   (2) An assessment of other energy efficiency and management issues
the district determines to evaluate in order to inform the
development of specific goals and actions that reduce air emissions
and promote economic development, including all of the following:
   (A) An electric or natural gas load forecast, developed in
coordination with the serving electrical corporation, gas
corporation, or local publicly owned electric utility, and that
reflects anticipated load growth within the district.
   (B) An assessment 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, or local publicly owned
electric utility.
   (C) An assessment, in consultation with business and industry,
that identifies current and emerging processes and technologies to
reduce energy consumption and improve energy efficiency.
   (D) An assessment, in consultation with business and industry,
that identifies domestic and international shipping requirements and
operations related to energy use and consumption.
   (3) A set of measurable energy performance and management goals
that reduce air  pollution   emissions  and
promote economic development, and a prioritized list of
infrastructure projects, public education initiatives, and other
actions that the district will undertake to achieve those goals.
   (4) A list of recommendations, developed jointly with the serving
electrical corporation, gas corporation, or local publicly owned
electric utility, 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.
   (5) A description of measures to be taken to reduce air emissions
for vehicle use within district boundaries, including vehicles used
for movement of commercial products. Proposed actions, developed
jointly with the serving electrical corporation, gas corporation, or
local publicly owned electric utility, may include replacement of
vehicles with lower emitting alternatives and development of
infrastructure, in appropriate areas, to aid in the refueling of
alternative fuel  vehicles, and may provide for utility
ownership or operation of those facilities to provide services within
the district.   vehicles.  
   (6) Other proposed actions and associated utility services that
may be implemented in connection with the jointly developed energy
management plan.  
   (7) 
    (   6)  A summary identifying governmental and
nongovernmental impediments to implementation of the plan that
includes recommendations on how these impediments may be overcome.

   (8) 
    (   7)  A description of one-year, 3-year,
5-year, 10-year, and 15-year objectives for implementation of the
plan. These objectives shall be in sufficient detail to allow the
district to undertake a meaningful annual review of the plan's
progress. 
   (9) 
    (   8)  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 Developmental Bank established pursuant
to  Chapter 3 (commencing with Section 63050) of 
Division 1  (commencing with Section 63000)  of Title 6.7 of
the Government Code, the California Alternative Energy and Advanced
Transportation Financing Authority Act (Division 16 (commencing with
Section 26000)), or other appropriate sources. 
   (10) 
   (   9)  Other related energy plans, mandates,
and requirements  ,  and, to the extent possible, leverage
opportunities for achieving energy efficiency and sustainable energy
production, while not overburdening impacted businesses.
   (c) A district that prepares a plan shall engage with 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.

   (d) (1) If a district has jointly developed with an electric or
gas corporation one or more plan elements under a plan prepared
pursuant to subdivision (b) that involves special programs to be
offered in the district and administered by the electric or gas
corporation to facilitate emissions reductions, increase energy
efficiency, or promote economic development, including, but not
limited to, 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 of the
plan.  
   (2) 
    (d)  The Public Utilities Commission shall encourage
electric or gas corporations to participate jointly with local
agencies in developing, implementing, and administering viable energy
management plans for  districts, and shall not limit the
role of the electric or gas corporation that was cooperatively
developed in the energy management plan   districts
 . 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 districts.
   (e) If an energy management plan is prepared pursuant to this
chapter, it shall also address the development of projects that
provide greater certainty of energy costs over a period of up to 15
years for businesses developing in the district and shall consider
applying to the California Infrastructure and Economic Development
Bank for financial support of these projects.
   (f) The Public Utilities Commission may offer technical assistance
in the preparation of the energy management plans developed and
implemented pursuant to this chapter  ,  including, but not
limited to, identifying best practices, innovations in technology,
and potential funding sources.