BILL NUMBER: AB 628 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 8, 2013
AMENDED IN ASSEMBLY APRIL 24, 2013
AMENDED IN ASSEMBLY APRIL 1, 2013
INTRODUCED BY Assembly Members Gorell and Hall
( Coauthors: Assembly Members
Brown and V. Manuel Pérez )
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
consider actions to remove barriers to
appropriate action that it may take to facilitate the financing
these of those 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
specified harbor and port districts, as defined
, 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:
SECTION 1. Section 63045.2 is added to the Government Code, to
read:
63045.2. Projects to promote economic development in harbor and
port districts implemented pursuant to an energy management plan
developed in accordance with Chapter 13 (commencing with Section
25990) of Division 15 of the Public Resources Code shall be eligible
for funding under this article division
. The bank shall consider appropriate action
actions that it may take to remove unnecessary
barriers for facilitate the financing of those
projects.
SEC. 2. Chapter 13 (commencing with Section 25990) is added to
Division 15 of the Public Resources Code, to read:
CHAPTER 13. ENERGY MANAGEMENT PLANS FOR HARBOR AND PORT
DISTRICTS
25990. The Legislature finds and declares all of the following:
(a) The state should promote the efficient use of low-cost,
low-emissions energy sources in the operations of its ports and
harbors.
(b) There is an opportunity in port and harbor district
operations, including the movement of commercial goods, to reduce
vehicular emissions of greenhouse gases and criteria pollutants.
(c) The state should encourage the development of new businesses
and the retention of existing businesses within port and harbor
district boundaries.
(d) Energy utility customers located within the state's port and
harbor districts can benefit from the addition of new businesses and
the retention of existing businesses through increased energy cost
certainty.
(e) Businesses located within the state's port and harbor
districts could benefit through greater stability and certainty in
the cost of energy services.
(f) Investor-owned and publicly owned utilities are in an optimal
position, and should be encouraged to engage in joint projects with
port and harbor districts to provide and administer energy-related
service alternatives and programs that can promote economic
development and retention in those districts.
25991. (a) For purposes of this chapter, the term "district"
shall mean a harbor or port district formed pursuant to Division 8
(commencing with Section 5000) of the Harbors and Navigation Code
, the Humboldt Bay Harbor, Recreation and Conservation District,
the Ports of Hueneme, Oakland, Long Beach, Los Angeles, Redwood
City, Richmond, San Diego, San Francisco, Stockton, and West
Sacramento, and any other harbor, recreation, and conservation
district that operates a harbor or port in the state . A
district may prepare one or more energy management plans, developed
jointly with an electric corporation, as defined in subdivision (a)
of Section 218 of the Public Utilities Code, a gas corporation, as
defined in Section 222 of the Public Utilities Code, or a public
utility, as defined in subdivision (a) of Section 216 of the Public
Utilities Code, that produces, generates, or supplies electricity to
the public and that serves the district in order to reduce air
emissions, promote economic development, and encourage the
development of new businesses and retain existing businesses in that
district.
(b) If a district prepares an energy management plan pursuant to
this chapter, it shall include, at a minimum, all of the following:
(1) An assessment of current energy consumption within the
district by energy source and type of users. Examples of users may
include commercial, industrial, governmental, ships, individual
transport, and product transport.
(2) An assessment of other energy efficiency and management issues
the district determines to evaluate in order to inform the
development of specific goals and actions that reduce air emissions
and promote economic development, including all of the following:
(1)
(A) An electric or natural gas load forecast, developed
in coordination with the serving electrical corporation, gas
corporation, or local publicly owned electric utility, and that
reflects anticipated load growth within the district.
(2)
(B) An assessment of the role that distributed
generation, combined with accurately priced utility services, could
play in providing greater rate stability and energy cost certainty to
aid in economic development, and proposed actions with respect to
that role. This assessment shall be developed jointly with the
serving electrical corporation, gas corporation, or local publicly
owned electric utility.
(C) An assessment, in consultation with business and industry,
that identifies current and emerging processes and technologies to
reduce energy consumption and improve energy efficiency.
(D) An assessment, in consultation with business and industry,
that identifies domestic and international shipping requirements and
operations related to energy use and consumption.
(3) A set of measurable energy performance and management goals
that reduce air pollution and promote economic development, and a
prioritized list of infrastructure projects, public education
initiatives, and other actions that the district will undertake to
achieve those goals.
(3)
(4) A list of recommendations, developed jointly with
the serving electrical corporation, gas corporation, or local
publicly owned electric utility, for the enhanced use of
cost-effective energy efficiency and demand-side management in
existing buildings and the inclusion of energy efficiency measures as
part of the development of new buildings.
(4)
(5) A plan description of
measures to be taken to reduce air emissions for vehicle use
within district boundaries, including vehicles used for movement of
commercial products. Proposed actions, developed jointly with the
serving electrical corporation, gas corporation, or local publicly
owned electric utility, may include replacement of vehicles with
lower emitting alternatives and development of infrastructure, in
appropriate areas, to aid in the refueling of alternative fuel
vehicles, and may provide for utility ownership or operation of those
facilities to provide services within the district.
(5)
(6) Other proposed actions and associated utility
services that may be implemented in connection with the jointly
developed energy management plan.
(7) A summary identifying governmental and nongovernmental
impediments to implementation of the plan that includes
recommendations on how these impediments may be overcome.
(8) A description of one-year, 3-year, 5-year, 10-year, and
15-year objectives for implementation of the plan. These objectives
shall be in sufficient detail to allow the district to undertake a
meaningful annual review of the plan's progress.
(6)
(9) Proposed methods to fund the activities included in
the plan, including funding through utility ratepayer-funded
programs and financing through the California Infrastructure and
Economic Developmental Bank established pursuant to Chapter 3
(commencing with Section 63050) of Division 1 of Title 6.7 of the
Government Code, the California Alternative Energy and Advanced
Transportation Financing Authority Act (Division 16 (commencing with
Section 26000)), or other appropriate sources.
(10) Other related energy plans, mandates, and requirements and,
to the extent possible, leverage opportunities for achieving energy
efficiency and sustainable energy production, while not overburdening
impacted businesses.
(c) A district that prepares a plan shall engage with small
business technical assistance providers to assist in the
identification of joint or collaborative energy efficiency project
opportunities, public education activities, and financing
opportunities that implement the actions and projects in the plan.
(c)
(d) (1) If a district has jointly
developed with an electric or gas corporation one or more plan
elements under a plan prepared pursuant to subdivision (b) that
involves special programs to be offered in the district and
administered by the electric or gas corporation to facilitate
emissions reductions, increase energy efficiency, or promote economic
development, including, but not limited to, the use of biogas for
direct injection into common carrier pipelines, economic development
rates, distributed generation, energy storage, and alternative fuel
vehicle infrastructure, the Public Utilities Commission shall provide
expedited review of the proposed jointly developed elements of the
plan. The
(2) The Public Utilities
Commission shall encourage electric or gas corporations to
participate jointly with local agencies in developing, implementing,
and administering viable energy management plans for districts, and
shall not limit the role of the electric or gas corporation that was
cooperatively developed in the energy management plan. The governing
boards of local publicly owned utilities and rural electric
cooperatives shall encourage joint participation with local agencies
and gas corporations in developing, implementing, and administering
viable energy management plans for districts.
(d)
(e) If an energy management plan is prepared pursuant
to this chapter, it shall also address the development of projects
that provide greater certainty of energy costs over a period of up to
15 years for businesses developing in the district and shall
consider applying to the California Infrastructure and Economic
Development Bank for financial support of these projects.
(f) The Public Utilities Commission may offer technical assistance
in the preparation of the energy management plans developed and
implemented pursuant to this chapter including, but not limited to,
identifying best practices, innovations in technology, and potential
funding sources.