BILL ANALYSIS AB 1106 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1106 (Fuentes) As Amended August 17, 2010 2/3 vote. Urgency ----------------------------------------------------------------- |ASSEMBLY: | |(June 1, 2009) |SENATE: |29-3 |(August 20, | | | | | | |2010) | ----------------------------------------------------------------- (vote not relevant) Original Committee Reference: U. & C. SUMMARY : Authorizes the California Energy Resources Conservation and Development Commission (CEC) to contract with small business financial development corporations (FDCs) to expend Alternative and Renewable Fuels and Vehicle Technology Program (ARF Program) funds. Specifically, this bill : 1)Authorizes CEC to contract with FDCs, which have been designated by the Business, Transportation and Housing Agency (BTH), to expend ARF Program funds through the Small Business Loan Guarantee Program, as specified. 2)Removes the sunset on the CEC's authority to contract with the State Treasurer (Treasurer) to expend ARF Program moneys through programs administered by the Treasurer. 3)Makes technical and nonsubstantive related changes including double-jointing with SB 1340 (Kehoe) relating to electrical vehicle charging infrastructure. 4)Contains an urgency clause allowing this bill to take effect immediately upon enactment. EXISTING LAW : 1)Establishes the ARF Program, administered by the CEC, for the purpose of providing competitive grants, revolving loans, loan guarantees, loans, or other appropriate funding measures to specified public and private entities for the purpose of developing and deploying innovative technologies that result in the transformation of California fuel and vehicle types to help attain the state's climate change policies. AB 1106 Page 2 2)Provides, upon appropriation by the Legislature, approximately $120 million annually through 2015 for the ARF Program. Program moneys come from additional fees on vehicle registrations, special identification plates for various vehicles, and vessel registrations, plus $10 million annually from the Public Interest Research, Development, and Demonstration Fund, which is derived from a portion of electric utility rates. 3)Authorizes the CEC to contract with the Treasurer's Office until January 1, 2012, to expend program funds. 4)Provides that moneys allocated through the ARF Program shall be awarded based on a set of priorities put forward in a commission approved investment plan. 5)Establishes a small business loan guarantee program, administered through BTH for the purpose of assisting small businesses in obtaining long-term loans or lines of credit from conventional financial institutions. Under this program, the 11 state approved FDCs are to serve as financial intermediaries between the state, the small business, and the financial institution. AS PASSED BY THE ASSEMBLY , this bill required the California Public Utilities Commission to develop a feed-in tariff for eligible renewable electric generation that is less than 20 megawatt in size. FISCAL EFFECT : According to the Senate Appropriations' Committee, implementation of this measure would have $100,000 in ongoing administrative costs to the CEC and BTH. Unknown amount of administration fees to the FDCs to deliver the program. COMMENT : FDCs are nonprofit corporations that have been designated by BTH to market its small business capital program, coordinate the packaging of the loan and loan guarantee applications between the small business and financial institution, issue the loan guarantees, and ensure that private lenders have followed required procedures before requesting payment on defaulted loans. A total of 11 FDCs operate throughout the state. This bill permits the CEC to utilize FDCs in the implementation of the ARF Program. By authorizing the use of FDCs to implement AB 1106 Page 3 an additional state business capital program, the state gains a strong regionally-based community development partner that has a demonstrated ability to work with small businesses and private lending institutions. The language that appeared in the measure as it passed the Assembly has been deleted and these new provisions were added in the Senate Appropriations Committee. Subsequent policy and fiscal committee hearings were held on the new language. Analysis Prepared by : Toni Symonds / J., E.D. & E. / (916) 319-2090 FN: 0006331