BILL ANALYSIS                                                                                                                                                                                                              1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                 ALEX PADILLA, CHAIR
          

          SB 363 -  Hancock                                 Hearing Date:   
          April 27, 2009             S
          As Amended:         April 15, 2009           FISCAL       B
                                                                        
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                                      DESCRIPTION
           
           Current law  establishes the State Energy Conservation Assistance  
          Account (SECAA) to provide grants and loans to local  
          governments, schools and other public institutions for financing  
          energy efficiency and distribution generation measures.
           
          This bill  creates a sub-account within SECAA for the deposit of  
          proceeds from the settlement of the legal proceedings against  
          The Williams Companies, Inc. and Williams Energy Marketing and  
          Trading Company to be used for loans to schools for the  
          installation of solar energy systems.

                                      BACKGROUND
           
          In 2002, California parties entered a settlement of energy  
          crisis claims against Williams Energy.  The Williams settlement  
          resolved two separate complaints filed in state court by  
          California's Attorney General (AG), then Bill Lockyer.  One  
          complaint alleged Williams violated the state's Unfair  
          Competition Act by illegally pricing its energy.  The second  
          alleged Williams double-sold power in violation of rules  
          designed to ensure the reliability of the electricity grid, and  
          unjustly profited by charging the state millions of dollars for  
          emergency generating capacity that the company never provided as  
          promised.  The settlement also resolved other lawsuits filed by  
          local governments and private plaintiffs.

          The settlement was valued at $417 million by the Attorney  
          General and included a schedule of specified cash payments to  
          the state for specified purposes including $25 million to an  
          "Alternative Energy Retrofit Account" at the Power Authority for  











          "retrofit of schools and public buildings."  The account was not  
          created, the Power Authority no longer exists, and all  
          settlement proceeds have been exhausted.

                                       COMMENTS
           
           Revolving Loan Fund  - The SECAA provides loans of up to $3  
          million public schools, colleges, cities, counties, special  
          districts, public hospitals, and public care institutions at  
          3.95 percent interest for up to 15 years.  The loan program is  
          designed so that the energy savings achieved will cover the  
          costs of the project and loan interest.  Eligible projects  
          include lighting, building insulation, heating and air  
          conditioning modifications, automated energy management  
          systems/controls and energy generation including renewable  
          energy projects and cogeneration.

          This bill would create a new sub account in the SECAA program to  
          fund loans for schools at 1.5 percent specifically for solar  
          energy systems.  However, there are no funds left as a result of  
          the Williams settlement.   The author and committee may wish  to  
          consider striking all references to the Williams funds.  A  
          sub-account would remain for solar for schools in the event that  
          new monies were made available as a result of the American  
          Reinvestment and Recovery Act or other sources, upon  
          appropriation by the Legislature.

                                       POSITIONS
           
           Sponsor:
           
          Coalition for Adequate School Housing
          KyotoUSA

           Support:
           
          Albany (CA) Sustainability Committee
          Albany Unified School District's Pool Sustainability Committee
          California Interfaith Power and Light
          Carbon Neutral Albany
          City of Richmond
          Community Environmental Council
          Creekcats Environmental Partners
          Dharma Merchant Services










          Dreyfuss & Blackford Architects
          Ecology Center
          Green Chamber of Commerce
          Green Sangha
          San Francisco Bay Area chapter of Physicians for Social  
          Responsibility
          Sequoia Foundation
          Solar Panels for Albany High
          The Vote Solar Initiative
          Warner Bros. Entertainment
          15 individuals

           Oppose:
           
          None on file

          




          Kellie Smith 
          SB 363 Analysis
          Hearing Date:  April 27, 2009