Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 628


Introduced by Assembly Members Gorell and Hall

February 20, 2013


An act to add Section 63045.1 to the Government Code,begin delete and to amend Section 21180 of,end delete and to add Chapter 13 (commencing with Section 25990) to Division 15 ofbegin delete,end delete the Public Resources Code, relating to energy.

LEGISLATIVE COUNSEL’S DIGEST

AB 628, as amended, Gorell. Energy management plans for harbor and port districts.

(1) Existing law requires the California Infrastructure Development Bank, following consultation with appropriate state and local agencies, to establish criteria, priorities, and guidelines for the selection of projects to receive assistance from the bank, including those based on, among other things, the State Environmental Goals and Policy Report, or its successor, relating to implementation of state environmental goals and policies. Existing law further requires that projects that receive assistance from the bank, among other things, facilitate effective and efficient use of existing and future public resources so as to promote both economic development and conservation of natural resources.

This bill wouldbegin delete requireend deletebegin insert authorizeend insert the bank to fund projectsbegin delete to finance projectsend delete to promote economic development in harbor and port districts that are developed pursuant tobegin insert anend insert energy management planbegin insert, and would require the bank to consider actions to remove barriers to financing these projectsend insert.

(2) Existing law requires the State Energy Resources Conservation and Development Commission to adopt energy conservation standards to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy, and to implement various programs to provide financial assistance to specified entities for energy efficient improvements.

This bill wouldbegin delete requireend deletebegin insert authorizeend insert a harbor or port district,begin delete as defined,end delete in collaboration with an electrical corporation, gas corporation, or publicly owned electric utilitybegin delete, as defined,end delete serving the district, to preparebegin delete anend deletebegin insert one or moreend insert energy managementbegin delete plan for the district that is intendedend deletebegin insert plansend insert to reduce air emissions and promote economic development through the addition of new businesses and the retention of existing businesses in thebegin delete district, in accordance withend deletebegin insert district. The bill would require, if a district prepares an energy management plan pursuant to these provisions, that the plan includeend insert specifiedbegin delete requirementsend deletebegin insert provisionsend insert.

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(3) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA establishes procedures for creating the administrative record judicial review procedure for any action or proceeding brought to challenge the lead agency’s decision to certify the EIR or to grant project approvals.

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Existing law, the Jobs and Economic Improvement Through Environmental Leadership Act of 2011, until January 1, 2015, establishes specified judicial review procedures for the judicial review of the EIR and approvals granted for a leadership project related to the development of a residential, retail, commercial, sports, cultural, entertainment or recreational use project, or clean renewable energy or clean energy manufacturing project. The act authorizes the Governor to certify a leadership project for streamlining pursuant to the act if certain conditions are met.

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This bill would include a project to develop or implement an energy management plan developed pursuant to provisions of the bill among those types of projects covered by the Jobs and Economic Improvement Through Environmental Leadership Act of 2011. Because the lead agency would be required to use alternative procedures for creating the administrative record for projects to implement an energy management plan, the bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 63045.1 is added to the Government
2Code
, to read:

3

63045.1.  

Projects to promote economic development in harbor
4and port districts implemented pursuant to an energy management
5plan developed in accordance with Chapter 13 (commencing with
6Section 25990) of Division 15 of the Public Resources Code shall
7be eligible for funding under this article. The bank shall consider
8appropriate action to remove unnecessary barriers for the financing
9of those projects.

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10

SEC. 2.  

Section 21180 of the Public Resources Code is
11amended to read:

12

21180.  

For the purposes of this chapter, the following terms
13shall have the following meanings:

14(a) “Applicant” means a public or private entity or its affiliates,
15or a person or entity that undertakes a public works project, that
16proposes a project and its successors, heirs, and assignees.

17(b) “Environmental leadership development project,” “leadership
18project,” or “project” means a project as described in Section 21065
19that is one the following:

20(1) A residential, retail, commercial, sports, cultural,
21entertainment, or recreational use project that is certified as LEED
22silver or better by the United States Green Building Council and,
23where applicable, that achieves a 10-percent greater standard for
24transportation efficiency than for comparable projects. These
25projects must be located on an infill site. For a project that is within
26a metropolitan planning organization for which a sustainable
27communities strategy or alternative planning strategy is in effect,
28the infill project shall be consistent with the general use
29designation, density, building intensity, and applicable policies
30specified for the project area in either a sustainable communities
P4    1strategy or an alternative planning strategy, for which the State
2Air Resources Board, pursuant to subparagraph (H) of paragraph
3(2) of subdivision (b) of Section 65080 of the Government Code,
4has accepted a metropolitan planning organization’s determination
5that the sustainable communities strategy or the alternative planning
6strategy would, if implemented, achieve the greenhouse gas
7emission reduction targets.

8(2) A clean renewable energy project that generates electricity
9exclusively through wind or solar, but not including waste
10incineration or conversion.

11(3) A clean energy manufacturing project that manufactures
12products, equipment, or components used for renewable energy
13generation, energy efficiency, or for the production of clean
14alternative fuel vehicles.

15(4) A project to develop or implement an energy management
16plan developed pursuant to Chapter 13 (commencing with Section
1725990) of Division 15.

18(c) “Transportation efficiency” means the number of vehicle
19trips by employees, visitors, or customers of the residential, retail,
20commercial, sports, cultural, entertainment, or recreational use
21project divided by the total number of employees, visitors, and
22 customers.

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23

begin deleteSEC. 3.end delete
24begin insertSEC. 2.end insert  

Chapter 13 (commencing with Section 25990) is added
25to Division 15 of the Public Resources Code, to read:

26 

27Chapter  13. Energy Management Plans for Harbor and
28Port Districts
29

 

30

25990.  

The Legislature finds and declares all of the following:

31(a) The state should promote the efficient use of low-cost,
32low-emissions energy sources in the operations of its ports and
33harbors.

34(b) There is an opportunity in port and harbor district operations,
35including the movement of commercial goods, to reduce vehicular
36emissions of greenhouse gases and criteria pollutants.

37(c) The state should encourage the development of new
38businesses and the retention of existing businesses within port and
39harbor district boundaries.

P5    1(d) Energy utility customers located within the state’s port and
2harbor districts can benefit from the addition of new businesses
3and the retention of existing businesses through increased energy
4cost certainty.

5(e) Businesses located within the state’s port and harbor districts
6could benefit through greater stability and certainty in the cost of
7energy services.

8(f) Investor-owned and publicly owned utilities are in an optimal
9position, and should be encouraged to engage in joint projects with
10port and harbor districts to provide and administer energy-related
11service alternatives and programs that can promote economic
12development and retention in those districts.

13

25991.  

(a) For purposes of this chapter, the term “district”
14shall mean a harbor or port district formed pursuant to Division 8
15(commencing with Section 5000) of the Harbors and Navigation
16Code. A district may prepare one or more energy management
17plans, developed jointly with an electric corporation, as defined
18in subdivision (a) of Section 218 of the Public Utilities Code, a
19gas corporation, as defined in Section 222 of the Public Utilities
20Code, or a public utility, as defined in subdivision (a) of Section
21216 of the Public Utilities Code, that produces, generates, or
22supplies electricity to the public and that serves the district in order
23to reduce air emissions, promote economic development, and
24encourage the development of new businesses and retain existing
25businesses in that district.

26(b) If a district prepares an energy management plan pursuant
27to this chapter, it shall include, at a minimum, all of the following:

28(1) An electric or natural gas load forecast, developed in
29coordination with the serving electrical corporation, gas
30corporation, or local publicly owned electric utility, and that
31reflects anticipated load growth within the district.

32(2) An assessment of the role that distributed generation,
33combined with accurately priced utility services, could play in
34providing greater rate stability and energy cost certainty to aid in
35economic development, and proposed actions with respect to that
36role. This assessment shall be developed jointly with the serving
37electrical corporation, gas corporation, or local publicly owned
38electric utility.

39(3) A list of recommendations, developed jointly with the
40serving electrical corporation, gas corporation, or local publicly
P6    1owned electric utility, for the enhanced use of cost-effective energy
2efficiency and demand-side management in existing buildings and
3the inclusion of energy efficiency measures as part of the
4development of new buildings.

5(4) A plan to reduce air emissions for vehicle use within district
6boundaries, including vehicles used for movement of commercial
7products. Proposed actions, developed jointly with the serving
8electrical corporation, gas corporation, or local publicly owned
9electric utility, may include replacement of vehicles with lower
10emitting alternatives and development of infrastructure, in
11appropriate areas, to aid in the refueling of alternative fuel vehicles,
12and may provide for utility ownership or operation of those
13facilities to provide services within the district.

14(5) Other proposed actions and associated utility services that
15may be implemented in connection with the jointly developed
16energy management plan.

17(6) Proposed methods to fund the activities included in the plan,
18including funding through utility ratepayer-funded programs and
19financing through the California Infrastructure and Economic
20Developmental Bank established pursuant to Chapter 3
21(commencing with Section 63050) of Division 1 of Title 6.7 of
22the Government Code, the California Alternative Energy and
23Advanced Transportation Financing Authority Act (Division 16
24(commencing with Section 26000)), or other appropriate sources.

25(c) If a district has jointly developed with an electric or gas
26corporation one or more plan elements under a plan prepared
27pursuant to subdivision (b) that involves special programs to be
28 offered in the district and administered by the electric or gas
29corporation to facilitate emissions reductions, increase energy
30efficiency, or promote economic development, including, but not
31limited to, the use of biogas for direct injection into common carrier
32pipelines, economic development rates, distributed generation,
33energy storage, and alternative fuel vehicle infrastructure, the
34Public Utilities Commission shall provide expedited review of the
35proposed jointly developed elements of the plan. The Public
36Utilities Commission shall encourage electric or gas corporations
37to participate jointly with local agencies in developing,
38implementing, and administering viable energy management plans
39for districts, and shall not limit the role of the electric or gas
40corporation that was cooperatively developed in the energy
P7    1management plan. The governing boards of local publicly owned
2utilities and rural electric cooperatives shall encourage joint
3participation with local agencies and gas corporations in
4 developing, implementing, and administering viable energy
5management plans for districts.

6(d) If an energy management plan is prepared pursuant to this
7chapter, it shall also address the development of projects that
8provide greater certainty of energy costs over a period of up to 15
9years for businesses developing in the district and shall consider
10applying to the California Infrastructure and Economic
11Development Bank for financial support of these projects.

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SEC. 4.  

No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14a local agency or school district has the authority to levy service
15charges, fees, or assessments sufficient to pay for the program or
16level of service mandated by this act, within the meaning of Section
1717556 of the Government Code.

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