BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 363 (Hancock) Hearing Date: 05/26/2009 Amended: 05/05/2009 Consultant: Brendan McCarthy Policy Vote: EU&C 7-0 _________________________________________________________________ ____ BILL SUMMARY: SB 363 creates a sub account within an existing account used for energy efficiency loans. Funds from a specified legal settlement would be deposited in the subaccount, and would be available for low interest loans to schools for the installation of solar energy systems. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2009-10 2010-11 2011-12 Fund Loan administration Absorbable within existing resourcesSpecial * Transfer of settlement Up to $70,000 General funds * State Energy Conservation Assistance Account _________________________________________________________________ ____ STAFF COMMENTS: This bill meets the criteria for referral to the Suspense file. Under current law, the Energy Commission manages a program to provide low interest loans to local governments, schools, and other public institutions. Low interest loans are provided to pay for developing energy efficiency and distributed electricity generation projects. The savings generated by these projects are used to repay loans. As a result of the state's energy crisis in 2000-2001, the state settled a lawsuit with certain energy providers, known as the Williams Settlement. The proceeds from this settlement were used in a variety of ways to benefit electricity ratepayers and support energy-related programs. In November 2008, the last remaining $70 million from the settlement funds were transferred to the General Fund for budget balancing purposes. This bill would establish a new subaccount within the existing program account. The bill directs that funds from the Williams Settlement shall be deposited in the subaccount. This bill also states that funds from the federal American Reinvestment and Recovery Act may also be deposited in the subaccount. Funds in the new subaccount would be available, upon appropriation by the Legislature, to provide loans with an interest rate of 1.5 percent or less to schools for the installation of solar energy programs. Because the Energy Commission already manages a loan program in this account, there are no anticipated additional staff costs to operate the proposed program. However, because the remaining proceeds of the Williams Settlement were previously transferred to the General Fund, enactment of this bill may put pressure on the General Fund by requiring those funds to be transferred to the proposed subaccount.