Amended in Assembly May 8, 2013

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

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(Coauthors: Assembly Members Brown and V. Manuel Pérez)

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February 20, 2013


An act to add Section 63045.2 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 considerbegin delete actions to remove barriers toend deletebegin insert appropriate action that it may take to facilitate theend insert financingbegin delete theseend deletebegin insert of thoseend insert 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 authorizebegin delete a harbor or port districtend deletebegin insert specified harbor and port districts, as definedend insert, 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:

P2    1

SECTION 1.  

Section 63045.2 is added to the Government
2Code
, to read:

3

63045.2.  

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 thisbegin delete articleend deletebegin insert divisionend insert. The bank shall
8consider appropriatebegin delete actionend deletebegin insert actions that it may takeend insert to begin deleteremove
9unnecessary barriers forend delete
begin insert facilitateend insert the financing of those projects.

10

SEC. 2.  

Chapter 13 (commencing with Section 25990) is added
11to Division 15 of the Public Resources Code, to read:

12 

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

 

16

25990.  

The Legislature finds and declares all of the following:

P3    1(a) The state should promote the efficient use of low-cost,
2low-emissions energy sources in the operations of its ports and
3harbors.

4(b) There is an opportunity in port and harbor district operations,
5including the movement of commercial goods, to reduce vehicular
6emissions of greenhouse gases and criteria pollutants.

7(c) The state should encourage the development of new
8businesses and the retention of existing businesses within port and
9harbor district boundaries.

10(d) Energy utility customers located within the state’s port and
11harbor districts can benefit from the addition of new businesses
12and the retention of existing businesses through increased energy
13cost certainty.

14(e) Businesses located within the state’s port and harbor districts
15could benefit through greater stability and certainty in the cost of
16energy services.

17(f) Investor-owned and publicly owned utilities are in an optimal
18position, and should be encouraged to engage in joint projects with
19port and harbor districts to provide and administer energy-related
20service alternatives and programs that can promote economic
21development and retention in those districts.

22

25991.  

(a) For purposes of this chapter, the term “district”
23shall mean a harbor or port district formed pursuant to Division 8
24(commencing with Section 5000) of the Harbors and Navigation
25Codebegin insert, the Humboldt Bay Harbor, Recreation and Conservation
26District, the Ports of Hueneme, Oakland, Long Beach, Los Angeles,
27Redwood City, Richmond, San Diego, San Francisco, Stockton,
28and West Sacramento, and any other harbor, recreation, and
29conservation district that operates a harbor or port in the stateend insert
.
30A district may prepare one or more energy management plans,
31developed jointly with an electric corporation, as defined in
32subdivision (a) of Section 218 of the Public Utilities Code, a gas
33corporation, as defined in Section 222 of the Public Utilities Code,
34or a public utility, as defined in subdivision (a) of Section 216 of
35the Public Utilities Code, that produces, generates, or supplies
36electricity to the public and that serves the district in order to reduce
37air emissions, promote economic development, and encourage the
38development of new businesses and retain existing businesses in
39that district.

P4    1(b) If a district prepares an energy management plan pursuant
2to this chapter, it shall include, at a minimum, all of the following:

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3(1) An assessment of current energy consumption within the
4district by energy source and type of users. Examples of users may
5include commercial, industrial, governmental, ships, individual
6transport, and product transport.

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7(2) An assessment of other energy efficiency and management
8issues the district determines to evaluate in order to inform the
9development of specific goals and actions that reduce air emissions
10and promote economic development, including all of the following:

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11(1)

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12begin insert(A)end insert An electric or natural gas load forecast, developed in
13coordination with the serving electrical corporation, gas
14corporation, or local publicly owned electric utility, and that
15reflects anticipated load growth within the district.

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16(2)

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17begin insert(B)end insert An assessment of the role that distributed generation,
18combined with accurately priced utility services, could play in
19providing greater rate stability and energy cost certainty to aid in
20economic development, and proposed actions with respect to that
21role. This assessment shall be developed jointly with the serving
22electrical corporation, gas corporation, or local publicly owned
23electric utility.

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24(C) An assessment, in consultation with business and industry,
25that identifies current and emerging processes and technologies
26to reduce energy consumption and improve energy efficiency.

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27(D) An assessment, in consultation with business and industry,
28that identifies domestic and international shipping requirements
29and operations related to energy use and consumption.

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30(3) A set of measurable energy performance and management
31goals that reduce air pollution and promote economic development,
32and a prioritized list of infrastructure projects, public education
33initiatives, and other actions that the district will undertake to
34achieve those goals.

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35(3)

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36begin insert(4)end insert A list of recommendations, developed jointly with the
37serving electrical corporation, gas corporation, or local publicly
38owned electric utility, for the enhanced use of cost-effective energy
39efficiency and demand-side management in existing buildings and
P5    1the inclusion of energy efficiency measures as part of the
2development of new buildings.

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3(4)

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

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14(5)

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15begin insert(6)end insert Other proposed actions and associated utility services that
16may be implemented in connection with the jointly developed
17energy management plan.

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18(7) A summary identifying governmental and nongovernmental
19impediments to implementation of the plan that includes
20recommendations on how these impediments may be overcome.

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21(8) A description of one-year, 3-year, 5-year, 10-year, and
2215-year objectives for implementation of the plan. These objectives
23shall be in sufficient detail to allow the district to undertake a
24meaningful annual review of the plan’s progress.

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23 25(6)

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26begin insert(9)end insert Proposed methods to fund the activities included in the plan,
27including funding through utility ratepayer-funded programs and
28financing through the California Infrastructure and Economic
29Developmental Bank established pursuant to Chapter 3
30(commencing with Section 63050) of Division 1 of Title 6.7 of
31the Government Code, the California Alternative Energy and
32Advanced Transportation Financing Authority Act (Division 16
33(commencing with Section 26000)), or other appropriate sources.

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34(10) Other related energy plans, mandates, and requirements
35and, to the extent possible, leverage opportunities for achieving
36energy efficiency and sustainable energy production, while not
37overburdening impacted businesses.

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38(c) A district that prepares a plan shall engage with small
39business technical assistance providers to assist in the
40identification of joint or collaborative energy efficiency project
P6    1opportunities, public education activities, and financing
2opportunities that implement the actions and projects in the plan.

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31 3(c)

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4begin insert(d)end insertbegin insertend insertbegin insert(1)end insert If a district has jointly developed with an electric or gas
5corporation one or more plan elements under a plan prepared
6pursuant to subdivision (b) that involves special programs to be
7 offered in the district and administered by the electric or gas
8corporation to facilitate emissions reductions, increase energy
9efficiency, or promote economic development, including, but not
10limited to, the use of biogas for direct injection into common carrier
11pipelines, economic development rates, distributed generation,
12energy storage, and alternative fuel vehicle infrastructure, the
13Public Utilities Commission shall provide expedited review of the
14proposed jointly developed elements of the plan.begin delete Theend delete

15begin insert(2)end insertbegin insertend insertbegin insertTheend insert Public Utilities Commission shall encourage electric or
16gas corporations to participate jointly with local agencies in
17developing, implementing, and administering viable energy
18management plans for districts, and shall not limit the role of the
19electric or gas corporation that was cooperatively developed in the
20energy management plan. The governing boards of local publicly
21owned utilities and rural electric cooperatives shall encourage joint
22participation with local agencies and gas corporations in
23 developing, implementing, and administering viable energy
24management plans for districts.

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12 25(d)

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26begin insert(e)end insert If an energy management plan is prepared pursuant to this
27chapter, it shall also address the development of projects that
28provide greater certainty of energy costs over a period of up to 15
29years for businesses developing in the district and shall consider
30applying to the California Infrastructure and Economic
31Development Bank for financial support of these projects.

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32(f) The Public Utilities Commission may offer technical
33assistance in the preparation of the energy management plans
34developed and implemented pursuant to this chapter including,
35but not limited to, identifying best practices, innovations in
36technology, and potential funding sources.

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