BILL ANALYSIS                                                                                                                                                                                                    Ó






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: AB 1314
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:  wieckowski
                                                         VERSION: 6/28/11
          Analysis by:  Carrie Cornwell                  FISCAL:  yes
          Hearing date:  July 5, 2011



          SUBJECT:

          AB 118: Alternative and Renewable Fuels and Vehicle Technology 
          Program

          DESCRIPTION:

          This bill makes changes to the process whereby the California 
          Energy Commission updates its investment plan for the 
          Alternative and Renewable Fuel and Vehicle Technology Program 
          and facilitates the making of awards under that program.

          ANALYSIS:

          AB 118 (Núñez), Chapter 750, Statutes of 2007, created the 
          Alternative and Renewable Fuel and Vehicle Technology Program, 
          which the California Energy Commission (CEC) administers to 
          provide grants, revolving loans, loan guarantees, loans, or 
          other appropriate funding measures to public agencies, vehicle 
          consortia, businesses, consumers, academic institutions and 
          others to develop and deploy innovative technologies that 
          transform California fuel and vehicle types to help attain the 
          state's climate change policies.  

          Funding of approximately $100 million annually for this program 
          comes from additional fees on vehicle registrations, special 
          identification plates for various vehicles, and vessel 
          registrations, plus $10 million annually from the Public 
          Interest Research, Development, and Demonstration Fund, which is 
          derived from a portion of electric utility rates.  The CEC, 
          through a competitive process and pursuant to an appropriation 
          in the state budget, allocates these funds to alternative fuel 
          and vehicle technology projects.  AB 118 directs the CEC to give 
          a preference to projects that provide a non-state match of 
          funds.

          Pursuant to AB 109 (Núñez), Chapter 313, Statutes of 2008, the 
          CEC must adopt an investment plan, in consultation with an 




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          advisory group consisting of a wide array of stakeholders, in 
          order to set priorities for the allocation of funds it receives 
          pursuant to AB 118.  AB 109 further requires that the CEC 
          "annually update and approve" the investment plan after 
          reconvening and consulting with the stakeholder group.  The CEC 
          adopted its first investment plan at its April 22, 2009 meeting 
          but did not adopt its second investment plan until August of 
          2010.  

          Last year, the legislative budget committees and subcommittees 
          had concerns about the timing of the 2010 investment plan 
          vis-à-vis their work to appropriate funds for the Alternative 
          and Renewable Fuel and Vehicle Technology Program.  To address 
          those concerns, SB 855 (Committee on Budget and Fiscal Review), 
          Chapter 718, Statutes of 2010, requires that the CEC must submit 
          a draft investment plan to the Legislature this year by March 15 
          and beginning in 2012, each year concurrently with the 
          governor's budget.  SB 855 refers to a new investment plan, 
          rather than the update required under AB 109.
           This bill  :
          
          1.Clarifies that the CEC must annually update, rather than 
            completely redraft, the investment plan.

          2.Permits the recipient of a CEC award under the Alternative and 
            Renewable Fuel and Vehicle Technology Program to count toward 
            any required non-state match money the awardee spent on the 
            project after the CEC issues a notice of award and prior to an 
            award being received.  
          
          COMMENTS:

           1.Purpose  .  The author introduced this bill to streamline CEC's 
            work on the Alternative and Renewable Fuel and Vehicle 
            Technology Program.  CEC reports that it has dedicated a 
            tremendous amount of staff time to the drafting of investment 
            plans for the program and that this has limited staff time 
            available to work to award funds under the program.  AB 109, 
            which created the requirement that CEC adopt an investment 
            plan, further mandated that CEC annually update the plan, but 
            not that it redraft the plan.  SB 855, last year's budget 
            trailer bill that aligns the timing of CEC adopting the plan 
            with work on the budget, refers just to the plan and not to 
            updates, implying that the CEC must annually develop and adopt 
            a new, full plan.  This bill clarifies that each year CEC is 
            to update the investment plan, rather than starting over again 




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            and creating a whole new plan.  

            The bill also clarifies that under CEC guidelines and without 
            exposing the CEC to any liability, an applicant for an award 
            under the Alternative and Renewable Fuel and Vehicle 
            Technology Program may spend funds on a project and count 
            those funds toward a CEC required or preferred funding match.  
            Only those funds spent after CEC announced it would make 
            awards would count.  Awardees report that this change will 
            enable them to begin work on their alternative fuel and 
            vehicle technology projects while applying for CEC funds to 
            complete the project.  While those applying for the funds are 
            taking on risk, they are also able to move projects along in a 
            more timely fashion.

           2.Double-referral  .  The Rules Committee referred this bill to 
            both the Transportation and Housing Committee and to the 
            Environmental Quality Committee.  Therefore, if this bill 
            passes this committee, it will be referred to the Committee on 
            Environmental Quality.
          
          Assembly Votes
               Floor:    75-0
               Appr: 17-0
               Nat Res:  9-0

          POSITIONS:  (Communicated to the Committee before noon on 
          Wednesday,                                             June 29, 
          2011)

               SUPPORT:  CALSTART
                         California Natural Gas Vehicle Coalition
                         Clean Energy
                         Coalition for Clean Air
          
               OPPOSED:  None received.