Bill Text: CA AB841 | 2019-2020 | Regular Session | Amended
Bill Title: Energy: transportation electrification: energy efficiency programs: School Energy Efficiency Stimulus Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-09-30 - Chaptered by Secretary of State - Chapter 372, Statutes of 2020. [AB841 Detail]
Download: California-2019-AB841-Amended.html
Amended
IN
Senate
July 27, 2020 |
Amended
IN
Senate
June 29, 2020 |
Amended
IN
Assembly
March 20, 2019 |
Introduced by Assembly Member Ting |
February 20, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires each local publicly owned electric utility, in procuring energy to serve the load of its retail end-use customers, to first acquire all available energy efficiency and demand reduction resources that are cost effective, reliable, and feasible. Existing law requires a local publicly owned electric utility to be responsible for implementing an energy efficiency program that recognizes the Legislature’s intent to encourage energy savings and greenhouse gas emission reductions in existing
residential and nonresidential buildings. Existing law requires each publicly owned electric and gas utility to develop and implement a low-income home weatherization program, in consultation with gas and electrical corporations and the Department of Economic Opportunity, to avoid duplication and to ensure the most efficient use of public and private resources.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 740.18 is added to the Public Utilities Code, to read:740.18.
(a) The purpose of this section is to require the commission to approve two pending (as of July 1, 2020) transportation electrification infrastructure applications, based on previously approved activities, that are designed to advance California’s goal of widespread transportation electrification, and to require the commission to extend its prior approvals of transportation electrification programs and investments so that they will be replicated and continued. These commission decisions will have the effect of continuing to build out California’s transportation electrification infrastructure, improve air quality, reduce emissions of greenhouse gases, create jobs, and put downward pressure on rates. Nothing in this section is intended to preclude the commission from adopting additional transportation electrification programs and investments.SEC. 2.
Section 740.19 is added to the Public Utilities Code, to read:740.19.
(a) The purpose of this section is to change the commission practice of authorizing the electrical distribution infrastructure located on the utility side of the customer meter needed to charge electric vehicles on a case-by-case basis to a practice of considering that infrastructure and associated design, engineering, and construction work as core utilitySEC. 3.
Section 740.20 is added to the Public Utilities Code, to read:740.20.
(a) The commission, the Energy Commission and the State Air Resources Board shall require that all electric vehicle charging infrastructure and equipment located on the customer side of the electric meter that is funded or authorized, in whole or in part, by those state entities shall be installed by a contractorSEC. 4.
Chapter 8.7 (commencing with Section 1600) is added to Part 1 of Division 1 of the Public Utilities Code, to read:
CHAPTER
8.7. School and State Building Energy Efficiency Stimulus Program
Article 1. General Provisions and Definitions
(a)The Legislature finds and declares that the School and State Building Energy Efficiency Stimulus Program established pursuant to Section 8410 is a cost-effective energy efficiency program that advances the public interest in maximizing cost-effective electricity savings and related benefits.
(b)Because of the broad-reaching public benefits and energy efficiency savings of the School and State Building Energy Efficiency Stimulus Program, expenditures on the program shall be deemed cost effective and shall not be considered by the commission when determining the overall cost-effectiveness of energy efficiency portfolios of electrical corporations or gas corporations.
1600.
The Legislature finds and declares all of the following:8401.1601.
For purposes of this chapter, the following terms have the following meanings:(a)“Energy public utility” means an electrical corporation, as defined in Section 218, or a gas corporation, as defined in Section 222.
(b)
(c)“Publicly owned energy utility” means a local publicly owned electric utility, as defined in Section 224.3, or a local publicly
owned gas utility.
(d)
(e)
(f)“SSBNPF
(g)
(3)A local publicly owned electric utility.
(4)A local publicly owned gas utility.
Article
2. School and State Building Energy Efficiency Stimulus Program
(a)The commission shall require each energy public utility to establish a School and State Building Energy Efficiency Stimulus Program within each of its energy efficiency portfolios. Each energy public utility shall contract with the Energy Commission for the administration of the program and its components. The School and State Building
1610.
By no later than February 1, 2021, each utility shall file an advice letter pursuant to Section 5.1 of General Order 96-B, establishing a School Energy Efficiency Stimulus Program within each of its energy efficiency portfolios. Each utility shall contract with the Energy Commission for the administration of the program and its components. The commission shall approve the advice letter no later than March 1, 2021. The School Energy Efficiency Stimulus Program shall consist of both of the following programs:(1)
(2)
(b)Each local publicly owned energy utility shall establish a School and State Building Energy Efficiency Stimulus Program within each of its energy efficiency portfolios and shall contract with the Energy Commission for the administration of the program and its components. The School and State Building Energy Efficiency Stimulus Program shall consist of both of the following programs:
(1)The School Reopening Ventilation and Energy Efficiency Verification and Repair Program as specified in Article 2(commencing with Section 8420).
(2)The School and State Building Noncompliant Plumbing Fixture Program as specified
in Article 3 (commencing with Section 8450).
8411.1611.
Each utility shall work with the Energy Commission to ensure the SRVEVR Program and8412.1612.
Not less than 25 percent of projects8413.1613.
The8414.1614.
(a) The Energy Commission, in collaboration with each utility, shall adopt guidelines and regulations for8415.1615.
(a) (A)
(B)An amount equal to 30 percent of the money allocated for commercial, residential, and industrial incentives in the energy public utility’s 2020 annual budget advice letters approved as of July 1, 2020.
(C)
(2)This subdivision
(b)(1)No later than March 1, 2021, each local publicly owned energy utility shall allocate 80 percent of their unspent and uncommitted 2020 fiscal year public goods charge funds and cap-and-trade allowances provided pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) for energy efficiency programs to fund the School and State Building Energy Efficiency Stimulus Program.
(2)For the fiscal year 2021–22 and fiscal year 2022–23, each local publicly owned energy utility shall annually allocate 30 percent of its public goods charge
funds for energy efficiency programs and 30 percent of cap-and-trade allowances for energy efficiency programs to fund the School and State Building Energy Efficiency Stimulus Program.
(3)Each local publicly owned energy utility shall allocate any carryover from unspent or uncommitted energy efficiency funds for 2021 or 2022 to the School and State Building Energy Efficiency Stimulus Program in the following year’s budget in addition to the amounts set forth in paragraph (2).
8416.1616.
Moneys for the School1617.
The School Energy Efficiency Stimulus Program advances the public interest in maximizing cost effective energy savings and related public benefits, including ensuring that ratepayer investments unlock deeper energy savings and benefit underserved communities. Because the commission’s current cost-effectiveness methodology does not fully take into account indirect and nonmonetary public benefits, that methodology shall not be applied to these projects. Expenditures on the School Energy Efficiency Stimulus Program shall be found to be cost effective and shall not be considered by the commission when calculating the overall cost-effectiveness of energy efficiency portfolios of electrical corporations or gas corporations.1618.
Reducing emissions of greenhouse gases and energy savings attributed to a project funded by the School Energy Efficiency Stimulus Program shall be attributed to the utility that provided those funds when determining compliance with applicable greenhouse gas or energy efficiency saving mandates. The baseline for determining reductions in emissions of greenhouse gases and energy savings from the SRVEVR program shall be the energy demand and emissions of greenhouse gases that would have occurred if ventilation and filtration recommendations for reopening schools were met without the assessment, adjustment, maintenance, repairs, and efficiency upgrades funded pursuant to the program.Article 3. School Reopening Ventilation and Energy Efficiency Verification and Repair Program
8420.1620.
For purposes of this article, the following definitions apply:8421.1621.
(a) The8422.1622.
As conditions for receiving a grant pursuant to this article, a local educational agency shall comply with the requirements of Sections8423.1623.
(a) (1) The local educational agency receiving a grant shall install filtration with a minimum efficiency reporting value (MERV) of 13 or better in the local educational agency’s HVAC system where feasible. Qualified testing personnel shall review system capacity and airflow to determine the highest MERV filtration that can be installed without adversely impacting equipment, shall replace or upgrade filters where needed, and shall verify that those filters are installed correctly. If a system uses ultraviolet germicidal irradiation
(UVGI) to disinfect the air, the UVGI lamp shall be checked for proper operation, replacing bulbs as needed and verifying that the ultraviolet light does not shine on filters. Recommendations for additional maintenance, replacement, or upgrades to allow for more protective filtration shall be recorded in the assessment report required pursuant to Section8424.1624.
If installed HVAC systems or system components are broken, fail to meet minimum ventilation requirements, or are unable to operate to the original design and intent, this information will be set forth in the assessment report prepared pursuant to Section8425.1625.
(a) To ensure proper ventilation is maintained throughout the school year, all classrooms shall be equipped with a carbon dioxide monitor that meets all of the following requirements:8426.1626.
A qualified testing personnel or qualified adjusting personnel shall prepare an assessment report for review by a licensed professional. The licensed professional shall review the assessment report and determine what, if any, additional adjustments or repairs would be necessary to meet the minimum ventilation and filtration requirements, determine whether any cost-effective energy efficiency upgrades or replacements are warranted or recommended, and provide an estimated cost for this work. If the cost of recommended repairs, upgrades, or replacements are greater than the
contingency amount provided in the grant, then the licensed professional and the local educational agency shall submit an application for additional funding pursuant to this article. The provision of any additional funding for repairs, upgrades, or replacements shall be conditioned on the applicant ensuring that all construction work funded, in whole or in part, by the additional funding is performed by a skilled and trained workforce. The assessment report shall include all of the following information:8427.1627.
(a) Upon completion of all work funded by a grant pursuant to this article, the local educational agency shall prepare an HVAC verification report. The HVAC verification report shall include all of the following information:
Article
4. School and State Building Noncompliant Plumbing Fixture and Appliance Program
8450.1630.
For purposes of this article,8451.1631.
The Energy Commission, in collaboration with each utility, shall develop and administer the School8452.1632.
On or before April 1, 2021, the Energy Commission shall issue a notice to8453.1633.
(a) The Energy Commission shall award a grant pursuant to this article if an applicant submits documents showing the existence of noncompliant plumbing fixtures or appliances in the buildings for which the grant funding will be used and a cost estimate that is verified by a contractor for the replacement of the noncompliantNo reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.