Amended in Senate August 12, 2013

Amended in Senate July 10, 2013

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

(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 implemented pursuant to an energy management plan, and would require the bank to consider appropriate actions that it may take to facilitate the financing 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 authorizebegin insert the Humboldt Bay Harbor, Recreation ports and Conservation District andend insert specified harbor and port districts, as defined, in collaboration with an electrical corporation, gas corporation, or publicly owned electricbegin insert or gasend insert utility serving the districtbegin insert, or an independent energy provider, as definedend insert, 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.  

The Legislature finds and declares all of the
2following:

3(a) The state promotes the efficient use of low-cost,
4low-emissions energy sources in the operations of its ports and
5harbors.

6(b) There is an opportunity in port and harbor district operations,
7including the movement of commercial goods, to reduce vehicular
8emissions of greenhouse gases and criteria pollutants.

9(c) The state encourages the development of new businesses
10and the retention of existing businesses within port and harbor
11district boundaries.

P3    1(d) Energy utility customers located within the state’s port and
2harbor districts may 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
6may 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 are encouraged to engage in joint projects with port
10and harbor districts to provide and administer energy-related
11service alternatives and programs that may promote economic
12development and retention in those districts.

13

SEC. 2.  

Section 63045.2 is added to the Government Code, to
14read:

15

63045.2.  

Projects to promote economic development in harbor
16and port districts implemented pursuant to an energy management
17plan developed in accordance with Chapter 13 (commencing with
18Section 25990) of Division 15 of the Public Resources Code shall
19be eligible for funding under this division. The bank shall consider
20appropriate actions that it may take to facilitate the financing of
21those projects.

22

SEC. 3.  

Chapter 13 (commencing with Section 25990) is added
23to Division 15 of the Public Resources Code, to read:

24 

25Chapter  13. Energy Management Plans for Harbor and
26Port Districts
27

 

28

25990.  

(a) For purposes of this chapter, the term “district”
29shall meanbegin delete a harbor or port district formed pursuant to Division 8
30(commencing with Section 5000) of the Harbors and Navigation
31Code,end delete
the Humboldt Bay Harbor, Recreationbegin insert,end insert and Conservation
32District, the Ports of Hueneme, Oakland, Long Beach, Los Angeles,
33Redwood City, Richmond, San Diego, San Francisco, Stockton,
34and West Sacramento, and any other harbor, recreation, and
35conservation district that operates a harbor or port in the state. A
36district may prepare one or more energy management plans,
37developed jointly with an electric corporation, as defined in
38subdivision (a) of Section 218 of the Public Utilities Code, a gas
39corporation, as defined in Section 222 of the Public Utilities Code,
40or a public utility, as defined in subdivision (a) of Section 216 of
P4    1the Public Utilities Code, that produces, generates, or supplies
2electricity to the public and that serves the district in order to reduce
3air emissions, promote economic development, and encourage the
4development of new businesses and retain existing businesses in
5that district.

6(b) begin insertFor purposes of this chapter, the term “independent energy
7provider” means a third party, individual, or business that provides
8electricity and that is not an investor-owned utility or publicly
9owned utility. “Independent energy provider” includes, but is not
10limited to, an onsite generator or energy service provider.end insert

11begin insert(c)end insertbegin insertend insertIf a district prepares an energy management plan pursuant
12to this chapter, it shall include, at a minimum, all of the following:

13(1) An assessment of current energy consumption within the
14district by energy source and type of users. Examples of users may
15include commercial, industrial, governmental, ships, individual
16transport, and product transport.

17(2) An assessment of other energy efficiency and management
18issues the district determines to evaluate in order to inform the
19development of specific goals and actions that reduce air emissions
20and promote economic development, including all of the following:

21(A) An electric or natural gas load forecast, developed in
22coordination with the serving electrical corporation, gas
23corporation, or local publicly owned electricbegin insert or gasend insert utility,begin delete andend deletebegin insert or
24an independent energy providerend insert
that reflects anticipated load
25growth within the district.

26(B) An assessment of the role that distributed generation,
27combined with accurately priced utility services, could play in
28providing greater rate stability and energy cost certainty to aid in
29economic development, and proposed actions with respect to that
30role. This assessment shall be developed jointly with the serving
31electrical corporation, gas corporation, or local publicly owned
32electricbegin insert or gasend insert utilitybegin insert or an independent energy providerend insert.

33(C) An assessment, in consultation with business and industry,
34that identifies current and emerging processes and technologies to
35reduce energy consumption and improve energy efficiency.

36(D) An assessment, in consultation with business and industry,
37that identifies domestic and international shipping requirements
38and operations related to energy use and consumption.

39(3) A set of measurable energy performance and management
40goals that reduce air emissions and promote economic
P5    1development, and a prioritized list of infrastructure projects, public
2education initiatives, and other actions that the district will
3undertake to achieve those goals.

4(4) A list of recommendations, developed jointly with the
5serving electrical corporation, gas corporation, or local publicly
6owned electricbegin insert or gasend insert utility,begin insert or an independent energy providerend insert
7 for the enhanced use of cost-effective energy efficiency and
8demand-side management in existing buildings and the inclusion
9of energy efficiency measures as part of the development of new
10buildings.

11(5) A description of measures to be taken to reduce air emissions
12for vehicle use within district boundaries, including vehicles used
13for movement of commercial products. Proposed actions,
14 developed jointly with the serving electrical corporation, gas
15corporation, or local publicly owned electric utility, may include
16replacement of vehicles with lower emitting alternatives and
17development of infrastructure, in appropriate areas, to aid in the
18refueling of alternative fuel vehicles.

19(6) A summary identifying governmental and nongovernmental
20impediments to implementation of the plan that includes
21recommendations on how these impediments may be overcome.

22(7) A description of one-year, 3-year, 5-year, 10-year, and
2315-year objectives for implementation of the plan. These objectives
24shall be in sufficient detail to allow the district to undertake a
25meaningful annual review of the plan’s progress.

26(8) 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 Division 1
30(commencing with Section 63000) of Title 6.7 of the Government
31Code, the California Alternative Energy and Advanced
32Transportation Financing Authority Act (Division 16 (commencing
33with Section 26000)), begin insertor the California Maritime Infrastructure
34Bank and Authority funded pursuant to Part 1 (commencing with
35Section 1690) of Division 6 of the Harbors and Navigation Code,
36bond measures offered by a port, end insert
or other appropriate sources.

37(9) Other related energy plans, mandates, and requirements,
38and, to the extent possible, leverage opportunities for achieving
39energy efficiency and sustainable energy production, while not
40overburdening impacted businesses.

begin delete

P6    1(c)

end delete

2begin insert(d)end insert A district that prepares a plan shall engage with small
3business technical assistance providers to assist in the identification
4of joint or collaborative energy efficiency project opportunities,
5public education activities, and financing opportunities that
6implement the actions and projects in the plan.

begin delete

7(d)

end delete

8begin insert(e)end insert The Public Utilities Commission shall encourage electric or
9gas corporations to participate jointly with local agencies in
10developing, implementing, and administering viable energy
11management plans for districts. The governing boards of local
12publicly owned utilities and rural electric cooperatives shall
13encourage joint participation with local agencies and gas
14corporations in developing, implementing, and administering viable
15energy management plans for districts.

begin delete

16(e)

end delete

17begin insert(f)end insert If an energy management plan is prepared pursuant to this
18chapter, it shall also address the development of projects that
19provide greater certainty of energy costs over a period of up to 15
20years for businesses developing in the district and shall consider
21applying to the California Infrastructure and Economic
22Development Bank for financial support of these projects.

begin delete

23(f)

end delete

24begin insert(g)end insert The Public Utilities Commission may offer technical
25assistance in the preparation of the energy management plans
26developed and implemented pursuant to this chapter, including,
27but not limited to, identifying best practices, innovations in
28technology, and potential funding sources.



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