BILL ANALYSIS SB 363 Page 1 Date of Hearing: July 6, 2009 ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE Felipe Fuentes, Chair SB 363 (Hancock) - As Amended: June 1, 2009 SENATE VOTE : 25-13 SUBJECT : Energy Conservation: schools. SUMMARY : Creates the Solar School Subaccount in the State Energy Conservation Assistance Account (ECAA) to provide low interest loans to schools to be used for the installation of solar energy systems. EXISTING LAW 1)Creates the continuously appropriated ECAA in the General Fund. 2)Authorizes the California Energy Commission (CEC) to contract and provide loans to local government and public institutions, including schools, to maximize energy use savings. 3)Requires that the interest rates on the loans be based on surveys of existing financial markets and at rates not less than 3 percent. 4)Creates the California Solar Initiative (CSI), a $3.3 billion declining rebate program to offset the cost of installing solar panels on homes, businesses, and public buildings. THIS BILL : 1)Establishes the Solar School Subaccount in the State Energy Conservation Assistance Account to be used for loans to schools for the installation of solar energy systems. 2)Requires that the interest rates on the loans from the subaccount be no higher than 1.5 percent. 3)Requires that the Solar School Subaccount (subaccount) be available for the deposit of funds, including, but not limited to, the American Reinvestment and Recovery Act of 2009 (ARRA). SB 363 Page 2 FISCAL EFFECT : Unknown. COMMENTS : The purpose of this bill is to increase the ability of school districts to purchase and install solar energy systems in order to reduce operating costs. 1) Background : The Energy Conservation Assistance Act of 1979 (Act) is one of a number of energy efficiency measures passed by the California Legislature in the wake of the oil shocks of the 1970's. At that time, the Legislature recognized that energy costs often times made up a significant portion of local governments' expenses and that those public institutions could reduce their energy costs by 20 to 30 percent through efficiency measures. The purpose of the Act was to provide local governments and public institutions with financial and technical assistance to achieve some of these potential savings. ECAA is a revolving loan fund that provides loans of up to $3 million to public schools and colleges, cities, counties, special districts, public hospitals and public care institutions for energy efficiency and renewable energy retrofits. The loans cover 100 percent of project costs and are designed to be repaid with dollars saved on energy bills at a reasonable interest rate given the financial market, which is currently set at 3.95 percent. According to the CEC, ECAA has provided over $200 million in loans to over 700 organizations to date, saving borrowers an average of $40 million in lower energy costs per year. There is over $20 million in ECAA in the current fiscal year. The ARRA, signed into law on February 17, 2009, was intended to stimulate the U.S. economy in the wake of the economic downturn. The various provisions of the act are worth approximately $787 billion, and include over $61 billion in funding for a number of energy-related programs. The energy-related funding available in the ARRA may be organized into five basic categories: a) formula-based funds that are provided directly to the state b) competitive funds for which the state is eligible but must apply for funding c) funding available to local governments d) funding available to private entities e) tax credit bonds. One of the direct allocations to the CEC pursuant to ARRA is for the State Energy Program, which will be receiving over $220 million. In its June 2009 application to the Department of Energy for these funds the CEC stated that it plans use a portion of these funds SB 363 Page 3 to augment ECAA. This bill creates a Solar Schools Subaccount within ECAA that would be used specifically for loans to schools for solar energy systems. The fund is available to accept ARRA funding, and any other funding, allocated by the legislature. Loans from the subaccount are to be granted at an interest rate of 1.5 percent. 2) Empty subaccount that might stay that way : This bill would create a subaccount within the ECAA that lacks a source of funding at this time. According to the sponsors of the bill, this subaccount would make it possible for future funding sources to be available to schools for low-interest loans for solar installations. While the CEC does plan on augmenting ECAA using ARRA funds, it is unclear whether or not the commission would use any of the funding to fund this account. The CEC had a similar program called Solar Schools which expired in 2008 and was not renewed. This might suggest that the CEC would not fund such an account using the ARRA funding. Should the account not be funded, this bill creates a cost for establishing a fund that might stay empty. The committee may wish to consider amending the bill to make its implementation contingent upon confirmation that the CEC plans on directing ARRA moneys to the fund . 3) Solar preference : This bill creates a subaccount that would specifically fund solar installations at schools. According to the CEC, solar installations are one of the most expensive forms of meeting increasing energy demand. The most cost-effective means of meeting increasing energy demand is energy efficiency. Should the state wish to maximize the funding available pursuant to ARRA that is available to schools, it would seem that creating a preference for a more expensive form of energy would not only lower the total number of schools that can take advantage of the funding, but would also create a higher payback burden on the schools that do receive loans. The committee may wish to consider amending the bill to include energy efficiency measures . 4) Lowering the interest rate : This bill specifies a lower interest rate for the subaccount than the one that is otherwise available to schools under ECAA. The subaccount interest rate is set at 1.5 percent, while the interest rate under ECAA is currently set at 3.95 percent and is updated periodically based upon a survey of existing financial markets by the CEC. By SB 363 Page 4 creating a set interest rate in statute, the ability of the CEC to adjust the interest rate to reflect changing market conditions will be eliminates. The committee may wish to consider amending the bill set the interest rate as some percentage of the ECAA interest rate . The lower interest rate is also a significant departure from the current interest rate for ECAA, and may not be deemed appropriate for all sources of funding into this account. However, the lower interest rate is appropriate for ARRA funding because the intent of the Federal government is for these funds to be expended expeditiously. Therefore the committee may wish to consider amending the bill to limit the lower interest rate to be applied only to the ARRA funds . REGISTERED SUPPORT / OPPOSITION : Support Alameda County Waste Management Authority (ACWMA) Albany (CA) Sustainability Committee Albany Coalition for Environmental Health Albany Unified School District Albany Unified School District's Pool Sustainability Committee Anirvan Chatterjee, CEO, Bookfinder.com Bay Localize California Interfaith Power and Light Carbon Neutral Albany Christine K. White, Planner/Designer, Interactive Resources, Inc. City of Richmond Coalition for Adequate School Housing (C.A.S.H.) (co-sponsor) Community Environmental Council County School Facilities Consortium (CSFC) Creekcats Environmental Partners Dharma Merchant Services Dreyfuss & Blackford Architects Ecology Center Global Green USA Green Chamber of Commerce Green Sangha Greenback Associates Helio Micro Utility Kent Lewandowski, Chair, Sierra Club Northern Alameda Group SB 363 Page 5 Kyoto USA (co-sponsor) Physicians for Social Responsibility Renewable Funding Robert S. Lieber, Albany City Council Member Sequoia Foundation Solar Panels for Albany High Solar Richmond South Bay Cities Council of Governments (SBCCOG) SunPower Union of Concerned Scientists (UCS) Vote Solar Warner Bros. Entertainment West Sonoma County Union High School District Opposition None on file. Analysis Prepared by : Nina Kapoor / U. & C. / (916) 319-2083