Bill Text: CA SB1233 | 2019-2020 | Regular Session | Introduced


Bill Title: Electricity: public safety power shutoffs: loans.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-05-12 - Referral to Com. on E., U. & C. rescinded due to the shortened 2020 Legislative Calendar. [SB1233 Detail]

Download: California-2019-SB1233-Introduced.html


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1233


Introduced by Senator Moorlach

February 20, 2020


An act to amend Section 39719 of the Health and Safety Code, and to add Chapter 8.9 (commencing with Section 25790) to Division 15 of the Public Resources Code, relating to electricity.


LEGISLATIVE COUNSEL'S DIGEST


SB 1233, as introduced, Moorlach. Electricity: public safety power shutoffs: loans.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include in its regulation of those emissions the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund. Existing law continuously appropriates 25% of the annual proceeds of the fund to the High-Speed Rail Authority for certain purposes.
This bill would require the authority to transfer any unencumbered moneys appropriated to the authority from the Greenhouse Gas Reduction Fund to the State Energy Resources Conservation and Development Commission as a loan. The bill would require the transferred moneys to be deposited in the Electrical Infrastructure Revolving Loan Fund, which the bill would establish in the State Treasury. The bill would, upon appropriation by the Legislature, require the commission to expend the moneys in that fund for purposes of the Electrical Infrastructure Revolving Loan Program, which the bill would require the commission to develop and implement. This program would provide loans to electrical corporations to expedite the implementation of activities to minimize the risk of electrical lines and equipment causing catastrophic wildfires or to reduce the need of electrical corporations to engage in the intentional deenergization of portions of their transmission or distribution systems to minimize that risk. The bill would require the repayment of the transferred moneys with interest calculated at the rate earned by the Pooled Money Investment Fund.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 39719 of the Health and Safety Code is amended to read:

39719.
 (a) The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712.
(b) To carry out a portion of the requirements of subdivision (a), the annual proceeds of the fund are continuously appropriated for the following:
(1) Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of the annual proceeds of the fund are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as follows:
(A) Ten percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code.
(B) Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. Moneys shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code.
(C) Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual proceeds of the fund shall be expended for affordable housing, consistent with the provisions of that program.
(2) (A) Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code:

(A)

(i) Acquisition and construction costs of the project.

(B)

(ii) Environmental review and design costs of the project.

(C)

(iii) Other capital costs of the project.

(D)

(iv) Repayment of any loans made to the authority to fund the project.
(B) (i) Beginning January 1, 2021, the authority shall transfer any moneys appropriated under subparagraph (A) that are unencumbered to the State Energy Resources Conservation and Development Commission for purposes of Chapter 8.9 (commencing with Section 25790) of Division 15 of the Public Resources Code. Moneys transferred pursuant to this subparagraph constitute a loan. The authority and the State Energy Resources Conservation and Development Commission shall enter into a memorandum of understanding regarding the loan.
(ii) The moneys lent pursuant to clause (i) shall be repaid from the Electrical Infrastructure Revolving Loan Fund, with interest calculated at the rate earned by the Pooled Money Investment Fund.
(3) (A) Beginning in the 2020–21 fiscal year, and until June 30, 2030, 5 percent of the annual proceeds of the fund, up to the sum of one hundred thirty million dollars ($130,000,000), is hereby annually transferred to the Safe and Affordable Drinking Water Fund established pursuant to Section 116766 for the purposes of Chapter 4.6 (commencing with Section 116765) of Part 12 of Division 104.
(B) Moneys transferred under this paragraph shall be used for the purpose of facilitating the achievement of reductions of greenhouse gas emissions in this state in accordance with the requirements of Section 39712 or to improve climate change adaptation and resiliency of disadvantaged communities or low-income households or communities, consistent with Division 25.5 (commencing with Section 38500). For purposes of the moneys transferred under this paragraph, a state agency may also comply with the requirements of paragraphs (2) and (3) of subdivision (a) of Section 16428.9 of the Government Code by describing how each proposed expenditure will improve climate change adaptation and resiliency of disadvantaged communities or low-income households or communities.
(c) In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the funds subject to Section 39719.1 shall not be included.

SEC. 2.

 Chapter 8.9 (commencing with Section 25790) is added to Division 15 of the Public Resources Code, to read:
CHAPTER  8.9. Electrical Infrastructure Revolving Loan Program

25790.
 For purposes of this chapter, the following definitions apply:
(a) “Electrical corporation” has the same meaning as set forth in Section 218 of the Public Utilities Code.
(b) “Fund” means the Electrical Infrastructure Revolving Loan Fund established pursuant to Section 25792.
(c) “High fire-threat district” means areas identified as tier 2 (elevated) or tier 3 (extreme) fire risk on the fire-threat map maintained by the Public Utilities Commission.
(d) “Program” means the Electrical Infrastructure Revolving Loan Program established pursuant to Section 25791.

25791.
 (a) The commission shall develop and implement the Electrical Infrastructure Revolving Loan Program to provide loans to electrical corporations to expedite the implementation of activities to minimize the risk of their electrical lines and equipment causing catastrophic wildfires or to reduce the need of electrical corporations to engage in the intentional deenergization of portions of their transmission or distribution systems to minimize that risk.
(b) Activities eligible for financial assistance under the program include, but are not limited to, vegetation management, pole replacement, wire insulation, undergrounding of wires, and segmentation of the distribution system. Only activities approved by the Public Utilities Commission shall be eligible for financial assistance.
(c) The commission shall give preference to activities located in high fire-threat districts.
(d) The commission, in consultation with the Public Utilities Commission, shall establish guidelines for the implementation of the program.

25792.
 (a) The Electrical Infrastructure Revolving Loan Fund is hereby established in the State Treasury. Moneys in the fund, upon appropriation by the Legislature, shall be expended for the development and implementation of the program.
(b) Moneys transferred pursuant to subparagraph (B) of paragraph (2) of subdivision (b) of Section 39719 of the Health and Safety Code shall be deposited in the fund.

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