BILL ANALYSIS SB 1340 Page 1 Date of Hearing: June 28, 2010 ASSEMBLY COMMITTEE ON TRANSPORTATION Bonnie Lowenthal, Chair SB 1340 (Kehoe) - As Amended: June 17, 2010 SENATE VOTE : 23-4 SUBJECT : Alternative fuels and vehicle technologies SUMMARY : Would facilitate the installation of electric vehicle charging infrastructure. Specifically, this bill : 1)Clarifies that the costs of homeowners' electrical work needed to fuel electric vehicles are eligible for subsides under the California Energy Commission's (CEC) Alternative and Renewable Fuel and Vehicle Technology Program. 2)Expands the use of the voluntary contractual assessment to finance electric vehicle charging infrastructure affixed on real property. 3)Expands the Property Assessed Clean Energy (PACE) Reserve program to assist local jurisdictions in financing the installation of electric vehicle charging infrastructure. EXISTING LAW : 1)Establishes the Alternative and Renewable Fuel and Vehicle Technology Program, administered by the CEC, that provides grants, revolving loans, loan guarantees, loans, or other appropriate funding measures to public agencies, vehicle consortia, businesses, consumers, recreational boaters, and academic institutions to develop and deploy innovative technologies that transform California fuel and vehicle types to help attain the state's climate change policies. 2)Authorizes a public agency and a property owner to enter into voluntary contractual assessments to finance the installation of distributed generation renewable energy sources or energy or water efficiency improvements that are permanently affixed on real property. 3)Requires the California Alternative Energy and Advanced Transportation Financing Authority to establish the PACE SB 1340 Page 2 Reserve program to assist local jurisdictions in financing the installation of distributed generation renewable energy sources or energy or water efficiency improvements meeting specified requirements that are permanently affixed on real property through the use of a voluntary contractual assessment. FISCAL EFFECT : Unknown COMMENTS : According to the author, "the Alternative and Renewable fuel and Vehicle Technology Program currently is not specifically set up to address the needs of plug-in electric vehicle (PEVs) or plug-in hybrid electric vehicle (PHEVs) owners who will have to have their homes (garage to power-box) upgraded to handle the additional power needs of these vehicles to properly and safely charge them. Additionally, there are other financing programs, like PACE, that currently exist that should also include electric vehicle charging infrastructure into their program. The use of electrically-fueled vehicles will lead to greenhouse gas emission reductions as more and more consumers swap out their petroleum-fueled vehicles with electric ones. However, public perception and confidence in these vehicles will quickly erode if PEV and PHEV vehicle owners have to confront costly in-home electrical issues in order to operate these vehicles. As a solution, this bill specifically requires the CEC to administer a program that will provide funding for homeowners who purchase a plug-in electric vehicle to offset costs associated with modifying electrical sources to include residential electric vehicle charging stations. This bill's recent amendment allows electric vehicle charging infrastructure into the PACE program." Alternative and Renewable Fuel and Vehicle Technology Program : As administered by the CEC, the Alternative and Renewable Fuel and Vehicle Technology Program authorizes funding to develop and deploy alternative and renewable fuels and advanced transportation technologies to help attain the state's climate change policies. CEC has an annual program budget of approximately $100 million to support projects that, among other items: 1)Develop and improve alternative and renewable low-carbon fuels. SB 1340 Page 3 2)Optimize alternative and renewable fuels for existing and developing engine technologies. 3)Produce alternative and renewable low-carbon fuels in California. 4)Decrease, on a full fuel cycle basis, the overall impact and carbon footprint of alternative and renewable fuels and increase sustainability. 5)Expand fuel infrastructure, fueling stations, and equipment. 6)Improve light-, medium-, and heavy-duty vehicle technologies. 7)Expand infrastructure connected with existing fleets, public transit, and transportation corridors. The funds for the program come from additional fees on vehicle and vessel registrations as well as $10 million from The Public Interest Research, Development and Demonstration Fund. The CEC does not currently have an electrical vehicle upgrade program in place. The Alternative and Renewable Fuel and Vehicle Technology Program provides that "Alternative and renewable fuel infrastructure, fueling stations, and equipment" shall be eligible for funding under this program. Alternative and renewable fuel projects include "electricity, ethanol, dimethyl ether, renewable diesel, natural gas, hydrogen, and biomethane among others." Taken together, it would seem that CEC currently has the authority to create a program such as the one in this bill. This bill clarifies that cost offsets for residential charging stations are an eligible expense. PACE program : The PACE program permits local public agencies and utility districts to provide up-front financing to property owners to install solar or other renewable energy-generating devices or make specified water or energy efficiency improvements to their properties. This financing mechanism was first used by Berkeley through its Charter Cities authority, and then authorized statewide by AB 811 (Levine), Chapter 159, Statutes of 2008, and AB 474 (Blumenfield), Chapter 444, Statutes of 2009. Under the PACE program, a city, county, or other public agency SB 1340 Page 4 issues bonds and uses the proceeds to make loans to property owners to finance energy retrofits. These loans are repaid by the property owner over 20 years via an annual assessment on the owner's property tax bill. The assessment remains on the property even if it is sold or transferred. From the property owner's perspective, the added property tax assessments are partly or fully offset by energy savings resulting from the retrofit. The loan repayments from the property owners are dedicated by the municipalities to the repayment of the revenue bonds. This bill allows electric vehicle charging infrastructure into the PACE program. Committee oversight hearings : The Assembly Transportation Committee recently held two oversight hearings, the first hearing held jointly with the Assembly Utilities and Commerce Committe, to explore California's readiness to adopt electrice vehicles. Cited repeatedly in these hearings as a significant factor in acclerating consumer adoption of electric vehicles was the ease and timeliness of installing home charging stations. Arguments in Support : The author points out that major auto manufacturers will be introducing new electric vehicles and plug-in electric vehicles in the fall of 2010 and early 2011, and as consumers seek to purchase these vehicles many will require electrical improvements at their homes. Costs for these improvements can range from a few hundred dollars to several thousand dollars. Despite the air quality and energy efficiency benefits of the technology, many potential electric vehicle purchasers may be dissuaded from buying an electric-drive vehicle if it additionally requires hundreds of dollars of initial costs at their homes. This bill gives clear legislative authority for the CEC to design an AB 118-funded program that helps to off-set these costs as well as expanding the PACE program for clean vehicle purposes. Arguments in Opposition : Current law authorizes cities, counties, and specified special districts to provide up-front financing to property owners to install solar or other renewable energy-generating devices or make specified energy or water efficiency improvements to their properties through a system of contractual assessments. Under the contractual assessments, the property owner or owners within a designated area choose to assess themselves for the cost of energy efficiency improvements SB 1340 Page 5 or public works projects (i.e., under grounding of power lines or installation of streetlights). The local government then provides the up-front funds for the project, and the property owners pay an annual assessment (normally 20 years) until those funds, plus interest, are repaid. The underlying purpose is to create a means by which a project that provides both a public benefit and an incidental benefit to particular property owners can be financed without imposing the cost on property owners in other parts of the city who derive no benefit. Of concern is that, under the PACE program, the contractual assessments stay with the property and any subsequent owner would be subject to the assessment. In regards to the installation of an EV charging system, the new property owner would be faced with paying the assessment regardless of ownership of an EV. The financing of improvements such as solar panels or solar water heaters could be of benefit to any subsequent property owner but the assessment upon a new property owner who does not own an EV may not be as beneficial. Related bills : AB 32, Nunez and Pavley (Chapter 488, 2006), requires California to reduce greenhouse gas emissions (GHG) to 1990 levels by 2020. Requires the California Air Resources Board to develop a "Scoping Plan" that provides the guidelines on how the state is to achieve these GHG reductions. The December 2008 a "Scoping Plan", identified on-road transportation as the single largest sector for California GHG representing 36% of all emissions. AB 118, Nunez (Chapter 750, 2007) creates the Alternative and Renewable Fuel and Vehicle Technology Program. This program, administered by the CEC provides loans, grants, and other supportive measures to businesses, consumers and academic institutions to develop and deploy transportation technologies that help California achieve its AB 32 goals. SB 77, Pavley (Chapter 15, 2010) requires the California Alternative Energy and Advanced Transportation Financing Authority to establish a PACE program to assist local jurisdictions in financing the installation of distributed generation or renewable energy sources or energy or water efficiency improvements. SB 626 (Kehoe, Chapter 355, 2009) requires the California Public Utilities Commission to examine issues specific to electric SB 1340 Page 6 vehicles and plug-in electric vehicles that include incentives, emissions reductions and electrical infrastructure needs. Double-referral : This bill is double-referred to the Assembly Local Government Committee. REGISTERED SUPPORT / OPPOSITION : Support Bay Area Air Quality Management District California Air Pollution Control Officers Nissan North America Pacific Gas and Electric Company Plug In America Sacramento Municipal Utility District San Diego Gas & Electric Company Sempra Energy utilities Sierra Club California Southern California Edison Southern California Gas Company Opposition None on file Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093