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