Amended in Assembly April 24, 2013

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 Sectionbegin delete 63045.1end deletebegin insert 63045.2end insert to the Government Code, and to add Chapter 13 (commencing with Section 25990) to Division 15 of 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 would authorize the bank to fund projects to promote economic development in harbor and port districts that are developed pursuant to an energy management plan, and would require the bank to consider actions to remove barriers to financing these projects.

(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 would authorize a harbor or port district, in collaboration with an electrical corporation, gas corporation, or publicly owned electric utility serving the district, to prepare one or more energy management plans to reduce air emissions and promote economic development through the addition of new businesses and the retention of existing businesses in the district. The bill would require, if a district prepares an energy management plan pursuant to these provisions, that the plan include specified provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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SECTION 1.  

Sectionbegin delete 63045.1end deletebegin insert 63045.2end insert is added to the 2Government Code, to read:

3

begin delete63045.1.end delete
4begin insert63045.2.end insert  

Projects to promote economic development in harbor
5and port districts implemented pursuant to an energy management
6plan developed in accordance with Chapter 13 (commencing with
7Section 25990) of Division 15 of the Public Resources Code shall
8be eligible for funding under this article. The bank shall consider
9appropriate action to remove unnecessary barriers for the financing
10of those projects.

11

SEC. 2.  

Chapter 13 (commencing with Section 25990) is added
12to Division 15 of the Public Resources Code, to read:

13 

14Chapter  13. Energy Management Plans for Harbor and
15Port Districts
16

 

17

25990.  

The Legislature finds and declares all of the following:

18(a) The state should promote the efficient use of low-cost,
19low-emissions energy sources in the operations of its ports and
20harbors.

P3    1(b) There is an opportunity in port and harbor district operations,
2including the movement of commercial goods, to reduce vehicular
3emissions of greenhouse gases and criteria pollutants.

4(c) The state should encourage the development of new
5businesses and the retention of existing businesses within port and
6harbor district boundaries.

7(d) Energy utility customers located within the state’s port and
8harbor districts can benefit from the addition of new businesses
9and the retention of existing businesses through increased energy
10cost certainty.

11(e) Businesses located within the state’s port and harbor districts
12could benefit through greater stability and certainty in the cost of
13energy services.

14(f) Investor-owned and publicly owned utilities are in an optimal
15position, and should be encouraged to engage in joint projects with
16port and harbor districts to provide and administer energy-related
17service alternatives and programs that can promote economic
18development and retention in those districts.

19

25991.  

(a) For purposes of this chapter, the term “district”
20shall mean a harbor or port district formed pursuant to Division 8
21(commencing with Section 5000) of the Harbors and Navigation
22Code. A district may prepare one or more energy management
23plans, developed jointly with an electric corporation, as defined
24in subdivision (a) of Section 218 of the Public Utilities Code, a
25gas corporation, as defined in Section 222 of the Public Utilities
26Code, or a public utility, as defined in subdivision (a) of Section
27216 of the Public Utilities Code, that produces, generates, or
28supplies electricity to the public and that serves the district in order
29to reduce air emissions, promote economic development, and
30encourage the development of new businesses and retain existing
31businesses in that district.

32(b) If a district prepares an energy management plan pursuant
33to this chapter, it shall include, at a minimum, all of the following:

34(1) An electric or natural gas load forecast, developed in
35coordination with the serving electrical corporation, gas
36corporation, or local publicly owned electric utility, and that
37reflects anticipated load growth within the district.

38(2) An assessment of the role that distributed generation,
39combined with accurately priced utility services, could play in
40providing greater rate stability and energy cost certainty to aid in
P4    1economic development, and proposed actions with respect to that
2role. This assessment shall be developed jointly with the serving
3electrical corporation, gas corporation, or local publicly owned
4electric utility.

5(3) A list of recommendations, developed jointly with the
6serving electrical corporation, gas corporation, or local publicly
7owned electric utility, for the enhanced use of cost-effective energy
8efficiency and demand-side management in existing buildings and
9the inclusion of energy efficiency measures as part of the
10development of new buildings.

11(4) A plan to reduce air emissions for vehicle use within district
12boundaries, including vehicles used for movement of commercial
13products. Proposed actions, developed jointly with the serving
14electrical corporation, gas corporation, or local publicly owned
15electric utility, may include replacement of vehicles with lower
16emitting alternatives and development of infrastructure, in
17appropriate areas, to aid in the refueling of alternative fuel vehicles,
18and may provide for utility ownership or operation of those
19facilities to provide services within the district.

20(5) Other proposed actions and associated utility services that
21may be implemented in connection with the jointly developed
22energy management plan.

23(6) Proposed methods to fund the activities included in the plan,
24including funding through utility ratepayer-funded programs and
25financing through the California Infrastructure and Economic
26Developmental Bank established pursuant to Chapter 3
27(commencing with Section 63050) of Division 1 of Title 6.7 of
28the Government Code, the California Alternative Energy and
29Advanced Transportation Financing Authority Act (Division 16
30(commencing with Section 26000)), or other appropriate sources.

31(c) If a district has jointly developed with an electric or gas
32corporation one or more plan elements under a plan prepared
33pursuant to subdivision (b) that involves special programs to be
34 offered in the district and administered by the electric or gas
35corporation to facilitate emissions reductions, increase energy
36efficiency, or promote economic development, including, but not
37limited to, the use of biogas for direct injection into common carrier
38pipelines, economic development rates, distributed generation,
39energy storage, and alternative fuel vehicle infrastructure, the
40Public Utilities Commission shall provide expedited review of the
P5    1proposed jointly developed elements of the plan. The Public
2Utilities Commission shall encourage electric or gas corporations
3to participate jointly with local agencies in developing,
4implementing, and administering viable energy management plans
5for districts, and shall not limit the role of the electric or gas
6corporation that was cooperatively developed in the energy
7management plan. The governing boards of local publicly owned
8utilities and rural electric cooperatives shall encourage joint
9participation with local agencies and gas corporations in
10 developing, implementing, and administering viable energy
11management plans for districts.

12(d) If an energy management plan is prepared pursuant to this
13chapter, it shall also address the development of projects that
14provide greater certainty of energy costs over a period of up to 15
15years for businesses developing in the district and shall consider
16applying to the California Infrastructure and Economic
17Development Bank for financial support of these projects.



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