Bill Text: CA SB363 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Energy conservation: schools.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2009-08-27 - Set, second hearing. Held in committee and under submission. [SB363 Detail]

Download: California-2009-SB363-Amended.html

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BILL NUMBER: SB 363	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 5, 2009
	AMENDED IN SENATE  APRIL 15, 2009
	AMENDED IN SENATE  APRIL 1, 2009

INTRODUCED BY   Senator Hancock

                        FEBRUARY 25, 2009

   An act to amend Sections 25410.6, 25411, and 25416 of the Public
Resources Code, relating to energy.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 363, as amended, Hancock. Energy conservation: schools.
   Existing law establishes the Ratepayer Relief Fund in the State
Treasury to benefit electricity and natural gas ratepayers and to
fund investigation and litigation costs of the state in pursuing
allegations of overcharges and unfair business practices against
generators, suppliers, or marketers of electricity or natural gas.
Existing law requires that any energy settlement agreement, as
defined, entered into by the Attorney General, after reimbursing the
Attorney General's litigation and investigation expenses, direct
settlement funds to the following purposes in priority order: (1) to
reduce ratepayer costs of those utility ratepayers harmed by the
actions of the settling parties, and (2) for deposit in the Ratepayer
Relief Fund. Existing law authorizes the moneys deposited in the
Ratepayer Relief Fund to be appropriated for certain purposes for the
benefit of ratepayers.
   The Energy Conservation Assistance Act of 1979 establishes, until
January 1, 2011, the State Energy Conservation Assistance Account, a
continuously appropriated account, that is administered by the State
Energy Resources Conservation and Development Commission to provide
grants and loans to local government and public institutions,
including, among others, schools, to maximize energy use savings.
   This bill would establish the  Williams Settlement
  Solar School  Subaccount in the State Energy
Conservation Assistance Account and would require moneys and interest
generated by an energy settlement agreement with The Williams
Companies, Inc. and Williams Energy Marketing & Trading Company,
received for energy efficiency retrofit of schools and public
buildings, to be deposited into the subaccount. The bill would
require that the moneys in the subaccount, upon appropriation by the
Legislature, be used for the purposes of providing loans to schools
for the installation of solar energy systems.  The subaccount
would also be available for the deposit of funds from other sources,
including the American Reinvestment and Recovery Act of 2009, upon
appropriation by the Legislature. 
   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.  Section 25410.6 of the Public Resources Code is amended
to read:
   25410.6.  (a) It is the intent of the Legislature that the
commission shall administer the State Energy Conservation Assistance
Account to provide grants and loans to local governments and public
institutions to maximize energy use savings, including, but not
limited to, technical assistance, demonstrations, and identification
and implementation of cost-effective energy efficiency measures and
programs in existing and planned buildings or facilities.
   (b) It is further the intent of the Legislature that the
commission seek the assistance of utility companies in providing
energy audits for local governments and public institutions and in
publicizing the availability of State Energy Conservation Assistance
Account funds to qualified entities.
   (c) It is further the intent of the Legislature that the
commission utilizes the Williams Settlement Funds to provide loans at
a lower interest rate to schools.
  SEC. 2.  Section 25411 of the Public Resources Code is amended to
read:
   25411.  As used in this chapter:
   (a) "Allocation" means a loan of funds by the commission pursuant
to the procedures specified in this chapter.
   (b) "Building" means any existing or planned structure that
includes a heating or cooling system, or both. Additions to an
original building shall be considered part of that building rather
than a separate building.
   (c) "Eligible institution" means a school, hospital, public care
institution, or a unit of local government.
   (d) "Energy audit" means a determination of the energy consumption
characteristics of a building or facility that does all of the
following:
   (1) Identifies the type, size, and energy use level of the
building or facility and the major energy using systems of the
building or facility.
   (2) Determines appropriate energy conservation maintenance and
operating procedures.
   (3) Indicates the need, if any, for the acquisition and
installation of energy conservation measures.
   (e) "Energy conservation maintenance and operating procedure"
means a modification or modifications in the maintenance and
operations of a building or facility, and any installations therein
(based on the use time schedule of the building or facility), which
are designed to reduce energy consumption in the building or facility
and that require no significant expenditure of funds.
   (f) "Energy conservation measure" means an installation or
modification of an installation in a building or facility that is
primarily intended to reduce energy consumption or allow the use of a
more desirable energy source.
   (g) "Energy conservation project" means an undertaking to acquire
and to install one or more energy conservation measures in a building
or facility, and technical assistance in connection with that
undertaking.
   (h) "Facility" means any major energy using system of an eligible
institution whether or not housed in a building.
   (i) "Hospital" means a public or nonprofit institution that is
both of the following:
   (1) A general hospital, tuberculosis hospital, or any other type
of hospital, other than a hospital furnishing primarily domiciliary
care.
   (2) Duly authorized to provide hospital services under the laws of
this state.
   (j) "Hospital building" means a building housing a hospital and
related operations, including laboratories, laundries, outpatient
departments, nurses' home and training activities, and central
service operations in connection with a hospital, and also includes a
building housing education or training activities for health
professions personnel operated as an integral part of a hospital.
   (k) "Local government building" means a building that is primarily
occupied by offices or agencies of a unit of local government or by
a public care institution.
   () "Project" means a purpose for which an allocation may be
requested and made under this chapter. Those purposes shall include
energy audits, energy conservation and operating procedures, and
energy conservation measures in existing and planned buildings and
facilities, energy conservation projects, and technical assistance
programs.
   (m) "Public care institution" means a public or nonprofit
institution that owns:
   (1) A long-term care institution.
   (2) A rehabilitation institution.
   (3) An institution for the provision of public health services,
including related publicly owned services such as laboratories,
clinics, and administrative offices operated in connection with the
institution.
   (4) A residential child care center.
   (n) "Public or nonprofit institution" means an institution owned
and operated by:
   (1) The state, a political subdivision of the state, or an agency
or instrumentality of either.
   (2) An organization exempt from income tax under Section 501(c)(3)
of the Internal Revenue Code of 1954.
   (3) In the case of public care institutions, an organization also
exempt from income tax under Section 501(c)(4) of the Internal
Revenue Code of 1954.
   (o) "School" means a public or nonprofit institution, including a
local educational agency, which:
   (1) Provides, and is legally authorized to provide, elementary
education or secondary education, or both, on a day or residential
basis.
   (2) Provides, and is legally authorized to provide, a program of
education beyond secondary education, on a day or residential basis
and meets all of the following requirements:
   (A) Admits as students only persons having a certificate of
graduation from a school providing secondary education, or the
recognized equivalent of that certificate.
   (B) Is accredited by a nationally recognized accrediting agency or
association.
   (C) Provides an education program for which it awards a bachelor's
degree or higher degree or provides not less than a two-year program
that is acceptable for full credit toward a degree at any
institution that meets the requirements of subparagraphs (A) and (B)
and provides that program.
   (3) Provides not less than a one-year program of training to
prepare students for gainful employment in a recognized occupation
and that meets the provisions of (2).
   (p) "School building" means a building housing classrooms,
laboratories, dormitories, athletic facilities, or related facilities
operated in connection with a school.
   (q) "Technical assistance costs" means costs incurred for the use
of existing personnel or the temporary employment of other qualified
personnel, or both, necessary for providing technical assistance.
   (r) "Technical assistance program" means assistance to schools,
hospitals, local government, and public care institutions and
includes, but is not limited to:
   (1) Conducting specialized studies identifying and specifying
energy savings and related cost savings that are likely to be
realized as a result of:
   (A) Modification of maintenance and operating procedures in a
building or facility, in addition to those modifications implemented
after the preliminary energy audit, or
   (B) Acquisition and installation of one or more specified energy
conservation measures in the building or facility, or as a result of
both.
   (C) New construction activities.
   (2) Planning of specific remodeling, renovation, repair,
replacement, or insulation projects related to the installation of
energy conservation measures in the building or facility.
   (3) Developing and evaluating alternative project implementation
methods and proposals.
   (s) "Unit of local government" means a unit of general purpose
government below the state or a special district.
   (t) "Williams Settlement Funds" means any moneys obtained, and any
interest generated by the moneys, through the settlement of
litigation with The Williams Companies, Inc. and Williams Energy
Marketing & Trading Company, made and entered into as of November 11,
2002, and received for energy efficiency retrofit of schools and
public buildings.
  SEC. 3.  Section 25416 of the Public Resources Code is amended to
read:
   25416.  (a) The State Energy Conservation Assistance Account is
hereby created in the General Fund. Notwithstanding Section 13340 of
the Government Code, the account is continuously appropriated to the
commission without regard to fiscal year.
   (b) The money in the account shall consist of all money authorized
or required to be deposited in the account by the Legislature and
all money received by the commission pursuant to Sections 25414 and
25415.
   (c) The money in the account shall be disbursed by the Controller
for the purposes of this chapter as authorized by the commission.
   (d) The commission may contract and provide grants for services to
be performed for eligible institutions. Services may include, but
are not limited to, feasibility analysis, project design, field
assistance, and operation and training. The amount expended for those
services may not exceed 10 percent of the balance of the account as
determined by the commission on July 1 of each year.
   (e) The commission may make grants for innovative projects and
programs. The amount expended for grants may not exceed 5 percent of
the annual appropriation from the account.
   (f) The commission may charge a fee for the services provided
under subdivision (d).
   (g) Notwithstanding any other provision of law, the Controller may
use the State Energy Conservation Assistance Account for loans to
the General Fund as provided in Sections 16310 and 16381 of the
Government Code. 
   (h) Notwithstanding Section 16428.3 of the Government Code, the
Williams Settlement Funds shall be deposited in the Williams
Settlement Subaccount, which is hereby establish in the State Energy
Conservation Assistance Account, 
    (h)     The Solar School Subaccount is
hereby established in the State Energy Conservation Assistance
Account. Notwithstanding Section 16428.3 of the Government Code, the
Williams Settlement Funds shall be deposited into the subaccount
 and upon appropriation by the Legislature, shall be used for
loans at an interest rate no higher than 1.5 percent to schools to
utilize for the installation of solar energy systems pursuant to this
chapter.  The subaccount shall also be available for the deposit
of funds from other sources, including, but not limited to, the
American Reinvestment and Recovery Act of 2009 (Public Law 111-5)
  , upon appropriation by the Legislature.