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).  









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           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  








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          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  








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          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








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          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