Bill Text: CA AB930 | 2013-2014 | Regular Session | Introduced
Bill Title: Enterprise zones: energy management plans.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB930 Detail]
Download: California-2013-AB930-Introduced.html
BILL NUMBER: AB 930 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hall
FEBRUARY 22, 2013
An act to add Sections 7083.2 and 63045.1 to the Government Code,
and to amend Sections 21180 and 21189.1 of, and to repeal and add
Section 21189.3 of, the Public Resources Code, relating to enterprise
zones.
LEGISLATIVE COUNSEL'S DIGEST
AB 930, as introduced, Hall. 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 develop energy management plans with
an electrical corporation, gas corporation, local publicly owned
electric utility, or rural electric cooperative, serving an
enterprise zone other than an enterprise zone within a harbor or port
district formed pursuant to specified law, in order to reduce air
emissions, to promote economic development, to increase new business,
and to retain existing businesses in that enterprise zone. The bill
would require the Public Utilities Commission to provide expedited
review of the proposed energy management plan elements that involve
programs to incentivize economic development in the enterprise zone
and administered by the electrical or gas corporation to facilitate
economic development. The bill would require the commission to
encourage electrical or gas corporations to participate jointly with
local agencies in developing, implementing, and administering 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.
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 that promotes economic development
in enterprise zones developed pursuant to an energy management plan
eligible for funding through the bank.
The Jobs and Economic Improvement Through Environmental Leadership
Act of 2011 establishes specified judicial review procedures for the
judicial review of an environmental impact report under the
California Environmental Quality Act (CEQA) and approvals granted for
a leadership project related to the development of a residential,
retail, commercial, sports, cultural, entertainment, or recreational
use project, or clean renewable energy or clean energy manufacturing
project. The act authorizes the Governor to certify a leadership
project for streamlining pursuant to the act if certain conditions
are met. Those provisions are repealed as of January 1, 2015.
The bill would include a project pursued in implementation of an
energy management plan in the definition of leadership project
eligible for streamlining under the Jobs and Economic Improvement
Through Environmental Leadership Act of 2011. The bill would delete
the January 1, 2015, repeal, of the act and, instead, make those
streamlining provisions inoperative on that date except to a project
pursued in implementation of an energy management plan pursuant to
the bill, for which project those provisions would be operative
indefinitely. Because the lead agency under CEQA would be required to
use these alternative procedures for creating the administrative
record if the applicant for a project pursued in implementation of an
energy management plan so chooses and the project is certified by
the Governor, this bill would impose a state-mandated local program.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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 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
businesses and the retention of existing businesses 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 agencies that administer enterprise zones to
provide and administer energy-related service alternatives and
programs that can promote economic development and retention of
existing businesses in enterprise zones.
SEC. 2. Section 7083.2 is added to the Government Code, to read:
7083.2. (a) For the purposes of this section, the following
definitions shall apply:
(1) "Alternative fuel vehicle infrastructure" means infrastructure
designed for refueling or recharging vehicles that use a
nonpetroleum fuel, including electricity, ethanol, biodiesel,
hydrogen, methanol, or natural gas that, when used in vehicles, has
demonstrated, to the satisfaction of the State Air Resources Board,
to have the ability to meet applicable vehicular emission standards,
or a petroleum fuel blended with nonpetroleum constituents, such as
E85 or B20.
(2) "Common carrier pipeline" means a gas conveyance pipeline,
located in California, that is owned or operated by a utility or gas
corporation, excluding a dedicated pipeline.
(3) "Electrical or natural gas load forecast" means a forecast of
the anticipated growth in the demand for electricity or natural gas
in a specific enterprise zone.
(4) "Serving electrical corporation, gas corporation, local
publicly owned electric utility, or rural electric cooperative" means
an electrical corporation, gas corporation, local publicly owned
electric utility, or rural electric cooperative that develops an
energy management plan with a city, county, or city and county, and
provides electricity or gas to an enterprise zone under an energy
management plan.
(b) A city, county, or city and county may develop an energy
management plan with an electrical corporation, gas corporation, or
local publicly owned electric utility, as defined in the Public
Utilities Code, or a rural electric cooperative, to serve an
enterprise zone other than an enterprise zone 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, to promote economic development, to increase new
businesses, and to retain existing businesses in that enterprise
zone.
(c) The energy management plan shall include all of the following
elements, which shall be developed jointly with the serving
electrical corporation, gas corporation, local publicly owned
electric utility, or rural electric cooperative:
(1) An electric or natural gas load forecast.
(2) 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.
(3) Proposed actions 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) Proposed actions for the development of infrastructure, in
areas that are most effective for the use of refueling infrastructure
of an enterprise zone, to aid in the refueling of alternative fuel
vehicles, including utility ownership or operation of those
facilities to provide services to the community.
(5) Other actions and services related to the utility services to
implement the energy management plan.
(6) Proposed methods to fund the activities included in the plan,
including, but not limited to, 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 or the
California Alternative Energy and Advanced Transportation Financing
Authority established pursuant to Section 26004 of the Public
Resources Code.
(d) The Public Utilities Commission shall provide expedited review
of the proposed energy management plan elements that involve
programs to incentivize economic development 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.
(e) (1) The Public Utilities Commission shall encourage electrical
or gas corporations to participate jointly with local agencies in
developing, implementing, and administering energy management plans
for enterprise zones, and shall not limit the role of the serving
electrical corporation, gas corporation, local publicly owned
electric utility, or rural electric cooperative in developing the
energy management plan.
(2) 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 energy management plans for enterprise zones.
(f) A city, county, or city and county and a serving electrical
corporation, gas corporation, or local publicly owned electric
utility, or a rural electric cooperative shall consider, in
developing an energy management plan, the development of projects
that provide greater certainty of energy costs over a period of up to
15 years for businesses 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.
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 financing under this
article.
SEC. 4. Section 21180 of the Public Resources Code is amended to
read:
21180. For the purposes of this chapter, the following terms
shall have the following meanings:
(a) "Applicant" means a public or private entity or its
affiliates, or a person or entity that undertakes a public works
project, that proposes a project and its successors, heirs, and
assignees.
(b) "Environmental leadership development project," "leadership
project," or "project" means a project as described in Section 21065
that is one the following:
(1) A residential, retail, commercial, sports, cultural,
entertainment, or recreational use project that is certified as LEED
silver or better by the United States Green Building Council and,
where applicable, that achieves a 10-percent greater standard for
transportation efficiency than for comparable projects. These
projects must be located on an infill site. For a project that is
within a metropolitan planning organization for which a sustainable
communities strategy or alternative planning strategy is in effect,
the infill project shall be consistent with the general use
designation, density, building intensity, and applicable policies
specified for the project area in either a sustainable communities
strategy or an alternative planning strategy, for which the State Air
Resources Board, pursuant to subparagraph (H) of paragraph (2) of
subdivision (b) of Section 65080 of the Government Code, has accepted
a metropolitan planning organization's determination that the
sustainable communities strategy or the alternative planning strategy
would, if implemented, achieve the greenhouse gas emission reduction
targets.
(2) A clean renewable energy project that generates electricity
exclusively through wind or solar, but not including waste
incineration or conversion.
(3) A clean energy manufacturing project that manufactures
products, equipment, or components used for renewable energy
generation, energy efficiency, or for the production of clean
alternative fuel vehicles.
(4) A project pursued in implementation of an energy management
plan pursuant to Section 7083.2 of the Government Code.
(c) "Transportation efficiency" means the number of vehicle trips
by employees, visitors, or customers of the residential, retail,
commercial, sports, cultural, entertainment, or recreational use
project divided by the total number of employees, visitors, and
customers.
SEC. 5. Section 21189.1 of the Public Resources Code is amended to
read:
21189.1. (a) If Except for a project
defined in paragraph (4) of subdivision (b) of Section 21180, if
a lead agency fails to certify an environmental impact report
for a leadership project subject to this chapter on or before June 1,
2014, this chapter shall not apply to that project. The lead agency
shall notify the Secretary of the Natural Resources Agency by July 1,
2014, if an environmental impact report subject to this chapter has
not been certified by that date.
(b) If, prior to June 1, 2014, a certification issued pursuant to
this chapter has not been used or the time period during which an
action or proceeding, for purposes of Section 21185, may be filed
under this chapter has not elapsed, the certification expires and is
no longer valid.
SEC. 6. Section 21189.3 of the Public Resources Code is repealed.
21189.3. This chapter shall remain in effect until January 1,
2015, and as of that date is repealed unless a later enacted statute
extends or repeals that date.
SEC. 7. Section 21189.3 is added to the Public Resources Code, to
read:
21189.3. Except for the continuing application of this chapter to
a project defined in paragraph (4) of subdivision (b) of Section
21180, this chapter shall become inoperative on January 1, 2015.
SEC. 8. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
