BILL NUMBER: SB 35	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 31, 2011
	AMENDED IN SENATE  APRIL 26, 2011

INTRODUCED BY   Senator Padilla

                        DECEMBER 6, 2010

    An act to repeal Sections 25740, 25740.5, 25742, 25743,
25744, 25744.5, 25746, 25747, 25748, and 25751 of, to repeal, add,
and repeal Chapter 7.1 (commencing with Section 25620) of Division 15
of the Public Resources Code, and to repeal Section 399.8 of the
Public Utilities   An act to amend Section 25620.8 of
the Public Resources  Code, relating to energy.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 35, as amended, Padilla.  Energy: California Energy
Research and Technology Program Act of 2011.   Public
Interest Energy Research, Demonstration, and Development Program:
report.  
   Existing law requires that specified moneys collected between
January 1, 2007, and January 1, 2012, inclusive, from the electrical
corporations for public interest energy research, development, and
demonstration, and deposited in the Public Interest Research,
Development, and Demonstration Fund be used for the purposes of the
Public Interest Research, Development, and Demonstration Program.
Existing law authorizes the State Energy Resources Conservation and
Development Commission, consistent with specified program
requirements, to provide awards to any individual or entity for
planning, implementation, and administration of energy research and
development projects or programs selected for funding under the
program pursuant to a competitive bid process. Existing law further
requires the commission to prepare and submit to the Legislature an
annual report, not later than March 31 of each year, on awards made
pursuant to the program and progress toward achieving specified
energy research and development goals, and requires that the report
include specified information on award recipients, the amount of
awards, the types of projects funded, an evaluation of the success of
funded projects, and recommendations for improvements in the
program.  
   This bill would require that the report be prepared and submitted
to the Legislature by January 10 of each year, and additionally
include information on the extent to which research funds provided
under the program have facilitated the receipt of federal funding by
award recipients.  
   (1) Under the Public Utilities Act, the Public Utilities
Commission (PUC) has regulatory authority over public utilities,
including electrical corporations. The act requires the PUC to
require, until January 1, 2012, an electrical corporation to identify
a separate electrical rate component to fund energy efficiency,
renewable energy, and research, development and demonstration
programs that enhance system reliability and provide in-state
benefits. Existing law requires that the moneys collected between
January 1, 2007, and January 1, 2012, from the electrical
corporations for public interest research, development, and
demonstration projects be deposited in the Public Interest Research,
Development, and Demonstration Fund and be used for the purposes of
the Public Interest Energy Research, Demonstration, and Development
Program. Existing law requires that the moneys collected by the
electrical corporations for the benefit of in-state operation and
development of existing and new and emerging renewable resources
technologies be deposited in the Renewable Resource Trust Fund for
the purposes of the Renewable Energy Resources Program. 

   This bill would repeal those provisions.  
   (2) This bill would enact the California Energy Research and
Technology Program Act of 2011 (act). The bill would require the
State Energy Resources Conservation and Development Commission
(Energy Commission) to establish and administer the California Energy
Research and Technology program (CERT) to fund research,
development, and demonstration projects that may lead to advancement
and breakthroughs to overcome those barriers that prevent the
achievement of the state's statutory energy goals. The bill would
require the Energy Commission to convene, no less than twice a year,
meetings of the CERT Coordinating Council consisting of members
representing specified entities and would require the council to
identify the technological challenges that most warranted funding
under the CERT and opportunities for joint funding of projects and to
make recommendations for avoiding the funding of duplicative
projects. The bill would require the Energy Commission to adopt
regulations or modify existing regulations to implement the CERT. The
bill would require the Energy Commission to consult with the CERT
Coordinating Council to establish a process for tracking the progress
and outcome of funded projects. The bill would require the Energy
Commission to consult with the CERT Coordinating Council and the
Treasurer to establish terms that may be imposed as conditions for
the receipt of CERT funding. The bill would require the Energy
Commission, no later than March 31 of each year to prepare and submit
to the Legislature an annual report regarding projects funded by the
CERT. The bill would require the Energy Commission, no later than an
unspecified date, to contract with an independent entity to review
the CERT and require the Energy Commission to report to the
Legislature regarding the CERT no later than an unspecified. The bill
would repeal the act on an unspecified date. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 25620.8 of the  
Public Resources Code   is amended to read: 
   25620.8.  The commission shall prepare and submit to the
Legislature an annual report, not later than  March 31
  January 10  of each year, on awards made pursuant
to this chapter and progress toward achieving the goals set forth in
Section 25620.1. The report shall include information on the names
of award recipients, the amount of awards, and the types of projects
funded,  the extent to which research funds provided under this
chapter have facilitated the receipt of federal funding by award
recipients,  an evaluation of the success of funded projects,
and recommendations for improvements in the program. The report shall
set forth the actual costs of programs or projects funded by the
commission, the results achieved, and how the actual costs and
results compare to the expected costs and benefits. The commission
shall establish procedures for protecting confidential or proprietary
information and shall consult with all interested parties in the
preparation of the annual report. All matter omitted in this version
of the bill appears in the bill as amended in the Senate, April 26,
2011. (JR11)