Amended in Senate September 4, 2013

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 addbegin delete Section 63045.2 to the Government Code, and to addend delete 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.

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(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.

end delete
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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.

end delete
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(2) Existing

end delete

begin insertExistingend insert 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 the Humboldt Bay Harbor, Recreationbegin delete portsend deletebegin insert,end insert and Conservation District and specified harbor and port districts, as defined,begin delete in collaborationend deletebegin insert jointlyend insert with an electrical corporation, gas corporation,begin insert community choice aggregator,end insert or publicly owned electric or gas utility serving the districtbegin delete, or an independent energy provider, as defined,end delete 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.

P3    1(c) The state encourages the development of new businesses
2and the retention of existing businesses within port and harbor
3district boundaries.

4(d) Energy utility customers located within the state’s port and
5harbor districts may benefit from the addition of new businesses
6and the retention of existing businesses through increased energy
7cost certainty.

8(e) Businesses located within the state’s port and harbor districts
9may benefit through greater stability and certainty in the cost of
10energy services.

11(f) Investor-ownedbegin insert utilities, community choice aggregators,end insert and
12publicly owned utilities are in an optimal position, and are
13encouraged to engage in joint projects with port and harbor districts
14to provide and administer energy-related service alternatives and
15programs that may promote economic development and retention
16in those districts.

begin delete17

SEC. 2.  

Section 63045.2 is added to the Government Code, to
18read:

19

63045.2.  

Projects to promote economic development in harbor
20and port districts implemented pursuant to an energy management
21plan developed in accordance with Chapter 13 (commencing with
22Section 25990) of Division 15 of the Public Resources Code shall
23be eligible for funding under this division. The bank shall consider
24appropriate actions that it may take to facilitate the financing of
25those projects.

end delete
26

begin deleteSEC. 3.end delete
27begin insertSEC. 2.end insert  

Chapter 13 (commencing with Section 25990) is added
28to Division 15 of the Public Resources Code, to read:

29 

30Chapter  13. Energy Management Plans for Harbor and
31Port Districts
32

 

33

25990.  

(a) For purposes of this chapter, the term “district”
34shall mean the Humboldt Bay Harbor, Recreation, and
35Conservation District, the Ports of Hueneme, Oakland, Long Beach,
36Los Angeles, Redwood City, Richmond, San Diego, San Francisco,
37Stockton, and West Sacramento, and any other harbor, recreation,
38and conservation district that operates a harbor or port in the state.
39A district may prepare one or more energy management plans,
40developed jointly with anbegin delete electricend deletebegin insert electricalend insert corporation, as defined
P4    1in subdivision (a) of Section 218 of the Public Utilities Code, a
2gas corporation, as defined in Section 222 of the Public Utilities
3Code,begin insert a community choice aggregator,end insert or a public utility, as
4defined in subdivision (a) of Section 216 of the Public Utilities
5Code, that produces, generates, or supplies electricity to the public
6and that serves the district in order to reduce air emissions, promote
7economic development, and encourage the development of new
8businesses and retain existing businesses in that district.

begin delete

9(b) For purposes of this chapter, the term “independent energy
10provider” means a third party, individual, or business that provides
11electricity and that is not an investor-owned utility or publicly
12owned utility. “Independent energy provider” includes, but is not
13limited to, an onsite generator or energy service provider.

end delete
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14(c)

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15begin insert(b)end insert If a district prepares an energy management plan pursuant
16to this chapter, it shall include, at a minimum, all of the following:

17(1) An assessment of current energy consumption within the
18district by energy source and type of users. Examples of users may
19include commercial, industrial, governmental, ships, individual
20transport, and product transport.

21(2) An assessment of other energy efficiency and management
22issues the district determines to evaluate in order to inform the
23development of specific goals and actions that reduce air emissions
24and promote economic development, including all of the following:

25(A) An electric or natural gas load forecast, developed in
26coordination with the serving electrical corporation, gas
27corporation,begin insert community choice aggregator,end insert or local publicly owned
28electric or gasbegin delete utility, or an independent energy providerend deletebegin insert utilityend insert
29 that reflects anticipated load growth within the district.

30(B) An assessment of the role that distributed generation,
31combined with accurately priced utility services, could play in
32providing greater rate stability and energy cost certainty to aid in
33economic development, and proposed actions with respect to that
34role. This assessment shall be developed jointly with the serving
35electrical corporation, gas corporation,begin insert community choice
36aggregator,end insert
or local publicly owned electric or gasbegin delete utility or an
37independent energy provider.end delete
begin insert utility.end insert

38(C) An assessment, in consultation with business and industry,
39that identifies current and emerging processes and technologies to
40reduce energy consumption and improve energy efficiency.

P5    1(D) An assessment, in consultation with business and industry,
2that identifies domestic and international shipping requirements
3and operations related to energy use and consumption.

4(3) A set of measurable energy performance and management
5goals that reduce air emissions and promote economic
6 development, and a prioritized list of infrastructure projects, public
7education initiatives, and other actions that the district will
8undertake to achieve those goals.

9(4) A list of recommendations, developed jointly with the
10serving electrical corporation, gas corporation,begin insert community choice
11aggregator,end insert
or local publicly owned electric or gas begin delete utility, or an
12independent energy providerend delete
begin insert utilityend insert for the enhanced use of
13cost-effective energy efficiency and demand-side management in
14existing buildings and the inclusion of energy efficiency measures
15as part of the development of new buildings.

16(5) A description of measures to be taken to reduce air emissions
17for vehicle use within district boundaries, including vehicles used
18for movement of commercial products. Proposed actions,
19developed jointly with the serving electrical corporation, gas
20corporation,begin insert community choice aggregator,end insert or local publicly owned
21electric utility, may include replacement of vehicles with lower
22emitting alternatives and development of infrastructure, in
23appropriate areas, to aid in the refueling of alternative fuel vehicles.

24(6) A summary identifying governmental and nongovernmental
25impediments to implementation of the plan that includes
26recommendations on how these impediments may be overcome.

27(7) A description of one-year, 3-year, 5-year, 10-year, and
2815-year objectives for implementation of the plan. These objectives
29shall be in sufficient detail to allow the district to undertake a
30meaningful annual review of the plan’s progress.

31(8) Proposed methods to fund the activities included in the plan,
32including funding through utility ratepayer-funded begin delete programs and
33financing through the California Infrastructure and Economic
34Developmental Bank established pursuant to Division 1
35(commencing with Section 63000) of Title 6.7 of the Government
36Code, the California Alternative Energy and Advanced
37Transportation Financing Authority Act (Division 16 (commencing
38with Section 26000)), or the California Maritime Infrastructure
39Bank and Authority funded pursuant to Part 1 (commencing with
40Section 1690) of Division 6 of the Harbors and Navigation Code,
P6    1bond measures offered by a port, or other appropriate sources.end delete

2begin insert programs.end insert

3(9) Other related energy plans, mandates, and requirements,
4and, to the extent possible, leverage opportunities for achieving
5energy efficiency and sustainable energy production, while not
6overburdening impacted businesses.

begin delete

7(d)

end delete

8begin insert(c)end insert A district that prepares a plan shall engage with small
9business technical assistance providers to assist in the identification
10of joint or collaborative energy efficiency project opportunities,
11public education activities, and financing opportunities that
12implement the actions and projects in the plan.

begin delete

13(e)

end delete

14begin insert(d)end insert The Public Utilities Commission shall encourage electric or
15gas corporations to participate jointly with local agencies in
16developing, implementing, and administering viable energy
17management plans for districts. The governing boards of local
18publicly owned utilitiesbegin insert, community choice aggregators,end insert and rural
19electric cooperatives shall encourage joint participation with local
20agencies and gas corporations in developing, implementing, and
21administering viable energy management plans for districts.

begin delete

22(f)

end delete

23begin insert(e)end insert If an energy management plan is prepared pursuant to this
24chapter, it shall also address the development of projects that
25provide greater certainty of energy costs over a period of up to 15
26years for businesses developing in the begin delete district and shall consider
27applying to the California Infrastructure and Economic
28Development Bank for financial support of these projects.end delete
begin insert district.end insert

begin delete

29(g)

end delete

30begin insert(f)end insert The Public Utilities Commission may offer technical
31assistance in the preparation of the energy management plans
32developed and implemented pursuant to this chapter, including,
33but not limited to, identifying best practices, innovations in
34technology, and potential funding sources.



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